Hansard: NA: Unrevised hansard

House: National Assembly

Date of Meeting: 03 Mar 2020

Summary

No summary available.


Minutes

UNREVISED HANSARD

 

TUESDAY, 3 MARCH 2020

 

PROCEEDINGS OF THE NATIONAL ASSEMBLY

 

Watch Videohttps://youtu.be/PXjFvsnh3A4

 

The House met at 14:02.

 

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

 

ANC RESULTS IN RECENT BY-ELECTIONS

 

(Member’s Statement)

 

Mr F JACOBS (ANC): Deputy Speaker, in the recent by-elections contested on Wednesday 26 February 2020 ... [Interjections.]

 

The DEPUTY SPEAKER: Hon members please settle down and keep your voices a little low please.

 

Mr F JACOBS (ANC): ... the ANC retained two seats, one in Mhlontlo in the Eastern Cape and the other in Thulamela in Limpopo and won a seat from the DA in the West Coast, Western

 

Cape. The ANC has now an outright majority in the Matzikama Local Municipality with eight seats, while DA has five and the EFF one seat.

 

The strategy to reclaim political power in the Western Cape is on track and yielding positive results. The support for the organisation is growing and as the people show continued and a renewed sense of confidence in the ANC. This is the second municipality in the Western Cape where the ANC has won outright control, the other being Cederberg Municipality, also in the West Coast.

 

Ward 8 is the third consecutive ward the ANC has reclaimed from the DA in the Matzikama Municipality since December 2019. We would like to congratulate the new councillor of Ward 8 Ricardo Xavier Roberto Kock. We also thank the ANC leadership in the West Coast, its volunteers, members and supporters who worked tirelessly to ensure this victory. [Applause.]

 

LEKWA MUNICIPALITY PUTTING RESIDENTS LIVES AT RISK

 

 

(Member’s Statement)

 

Ms T A KHANYILE (DA): The Lekwa Municipality is putting the lives of residents in danger by providing residents with dirty water. As a result of that a pharmacist in town indicated that, in a day he treats 20 children, who have rash and diarrhoea caused by dirty water.

 

Three children died when their home caught fire and the Lekwa Municipality could not respond as the department is dysfunctional. It does not have fire engines and workers do not have fire personal protective equipment, PPE, since June 2019. Firefighters are earning a salary for doing absolutely nothing, and the employer is an obstacle.

 

With inconsistent electricity supply in rural areas which have caused farmers to spend about R51 000 on diesel to fill 7 000 litres in December. This also affects Afgri who should supply in the continent because Lekwa can’t maintain their electricity lines, and when their lights go off electricians cannot attend to the faults because the bakkie won’t have diesel which means the farmers must then go out to fetch them or pay for the municipality’s bakkies and then the municipality’s inability to service creditors. These form parts of the reasons the DA removed the mayor and Speaker of this municipality on 10 February 2019.

 

We have been informed that the ANC Provincial Executive Committee, PEC, has instructed its councillors to reinstate them, this is a clear indication that the ANC does not care about the residents of Lekwa. [Applause.]

 

EFF MARCH AGAINST LOAD SHEDDING AND ESKOM PRIVATISATION

 

 

(Member’s Statement)

 

Ms O M C MAOTWE (EFF): On Friday 28 February 2020 South Africa’s only growing political emancipation movement the EFF led by the commander-in-chief and president Julius Malema marshalled thousands of ground forces in a march to Eskom against load shedding and privatisation.

 

Carrying the cries of the old and young, the poor and the economically marginalised from all walks of life across the length and breath of our land, towns, townships, informal settlement and rural areas, workplaces and campuses who wished to have decent access to reliable and affordable electricity.

 

Over 20 000 marched for over 8kms from Sandton to Megawatt Park in heavy rain in Johannesburg, a demonstrable fact of the determination to fight against load shedding and the privatisation of Eskom.

Our demands to Eskom are practical, straightforward and require basic logic. Eskom should suspend all processes underway to retrench workers and the privatisation of Eskom. Cancel all evergreen contracts, including contracts from 2017. Cancel all Independent Power Producers, IPPs, they are an unnecessary burden on Eskom and public finances. Complete Medupi and Kusile power stations. Expand capacity to electrify the whole of South Africa and the African continent in an affordable and sustainable manner. Build nuclear through the build, operate and transfer model as part of pursuing mixed energy sources and Eskom must a build massive renewable energy division. The skills bloodbath at Eskom needs to stop. We also demand President Cyril Ramaphosa that Jamnadas Gordhan must fall. [Applause.]

 

POOR WATER QUALITY IN CAPE TOWN RIVERS

 

(Member’s Statement)

 

Ms N Q MVANA (ANC): The quality of water in Cape Town’s rivers has deteriorated to the point where the provincial government

 

has dispatched the Green Scorpions and issued the city with a warning to clean up its act.

 

The city’s Water and Sanitation Department was given 21 days from 12 February 2020 to provide the provincial Department of Environmental Affairs and Development Planning with its short- term, medium-term, and long-term plans to end the ongoing sewage contamination of water bodies.

 

 

The worst of the rivers that we are taking are Black River, Disa River in Hout Bay, flowing out at Paarden Eiland; Big Lotus River, Kuils River and Soet River. We urge the city to stop stalling and to release the results of its monthly water quality tests conducted at hundreds of points on inland water bodies. Thank you.

 

 

EXPENSIVE CANCER TREATMENT COSTS

 

 

(Member’s Statement)

 

 

Mr M HLENGWA (IFP): Hon Deputy Speaker, the exorbitantly high cancer medication costs in South Africa, has placed a large financial burden on people suffering from cancer. Over and above the pain and suffering experienced from the actual

 

disease, it is said that what is killing patients is frustration and stress that comes with dealing with the process.

 

 

The cost of medication adversely affects access to care and outcomes amongst other issues. Take Mrs Elizabeth Buthelezi from Hlabisa who reached out to me and other members of this House just yesterday complaining about the high amount of stress she is under as she is undergoing her cancer treatment.

 

 

Khabazela [Mkhize clan name] yesterday, one of the things she said was ...

 

 

IsiZulu:

 

... bahlonishwa bami abahlala le ePhalamende ngiyacela ukuniphathisa nakhu, ake nixoxe ngokuthi yini engenziwa ukulekelela lezi ziguli ezinomdlavuza njengoba kulekelelwa abanesandulela ngculazi nengculazi, ufuba nezinye izifo.

Umdlavuza uyabiza ngendlela eyisimangaliso. Abantu abaningi babulawa wukuthi hhayi ngoba isibanqobile kodwa babulawa ukuthi abasakhoni ukukhokhela imishanguzo yakhona.

 

 

English:

 

She was diagnosed last year in August and at the beginning of the year she found out that her medical aid funds have been depleted. Her situation, of course, is unfortunately not an anomaly in the South African health care system. Whether or not you belong to a medical aid scheme there are additional hidden costs of cancer that ambush the pocket, nondeductibles and copayments for treatment, supportive care and other services along with nonmedical costs such as childcare and loss of income.

 

 

Therefore, the active development of approaches to mitigate these effects which are already a burden for the vulnerable groups, remain of key importance. I thank you.

 

 

POOR SERVICE DELIVERY AT THE DEPARTMENT OF HOME AFFAIRS

 

 

 

(Member’s Statement)

 

 

Afrikaans:

 

Mr W J BOSHOFF (FFPLUS): Agb Adjunkspeaker, die VF Plus ontvang weekliks navrae van moedelose Suid-Afrikaners uit alle geledere van die samelewing, omdat hulle doodgewoon geen terugvoering van die Departement van Binnelandse Sake ontvang, in verband met hulle aansoeke om reisdokumente nie.

 

In bepaalde gevalle neem hernuwingsaansoeke vir Suid- Afrikaanse paspoorte so lank as sewe maande en moes van hierdie aansoekers noodgedwonge hul reise teen groot koste uitstel of afstel.

 

 

Die telefoon van die Departement van Binnelandse Sake op hul webwerf lui dikwels vir langer as ’n uur, voordat ’n telefoonkonsultant dit beantwoord. Die verskoning is natuurlik dat daar ’n opgehoopte agterstand is. Die departement faal sy Suid-Afrikaners wie daarop geregtig is om bestaande paspoorte te hernu of ’n nuwe een uit te neem.

 

 

In praktyk ontvang ’n ongemaklike groot hoeveelheid aansoekers ook absoluut geen terugvoering op hul aansoeke om reisvisums nie en moet hulle ook teen groot kostes hul reis uitstel of afstel. Die V F Plus bedank die senioraptenare wat gereeld op versoek vir hulp en bystand tot dusver ingryp.

 

 

Die Department van Binnelandse Sake het ’n grondwetlike verpligting as bewaarder van identiteit van Suid-Afrikaanse burgers om, onder meer, identiteitsdokmente, paspoorte en Suid-Afrikaanse visums uit te reik, en faal Suid-Afrikaanse burgers. Die praktyk wat tans heers is onaanvaarbaar en moet op ’n dringende basis aangepsreek word. Dankie.

 

AFRICAN ENGINEER INVENTS GLOVES THAT TURN SIGN LANGUAGE INTO AUDIBLE SPEECH

 

 

(Member’s Statement)

 

 

Ms F A MASIKO (ANC): Deputy Speaker, the ANC commends Mr Roy Allela, a 25-year old Engineer and inventor from Kenya, who has found the ultimate solution to bridging the communication barrier between deaf and hearing people. He has invented the Sign-IO gloves that can translate signed hand movements to audible speech so deaf people can “talk” even to those who don’t understand sign language.

 

 

The Sign-IO gloves feature sensors mounted on each of the five fingers to determine its movements, including how much a finger is bent. The gloves are connected via Bluetooth to an Android app that Allela also invented which uses a text-to- speech function to convert the gestures to vocal speech.

 

 

Allela was inspired to create the gloves because he and his family struggled to communicate with his six year old niece who was born deaf. He first launched the gloves at a special needs school in rural Migori county, southwest Kenya. He aims for it to be available in every school for children with

 

special needs to assist as many deaf or hearing-impaired children as possible.

 

 

We certainly look forward to its distribution to countries in the African continent and abroad.

 

 

Mr Allela has shown creativity, passion and compassion to assist those who are hearing impaired and is an inspiration to many, especially the youth.

 

 

CUTTING THE PUBLIC SECTOR WAGE BILL

 

 

(Member’s Statement)

 

 

Dr L A SCHREIBER (DA): Hon Deputy Speaker, the DA welcomes the Minister of Finance, hon Tito Mboweni’s embrace of our long held position that the government must urgently reduce the public sector wage bill to help stabilise the national debt.

 

 

In his budget speech, Minister Mboweni drew a line in the sand with his instruction to cut the wage bill by R160 billion starting with a R37,8 billion reduction this year.

 

Unfortunately we still don’t know on which side of the line in the sand President Cyril Ramaphosa stands or whether his head is still firmly buried in the sand. Last week The Economist magazine correctly noted that Minister Mboweni’s words mean little as long as our President “fetishises consensus”.

 

 

The government either cuts the wage bill or it dooms this country to fiscal and economic oblivion by again bending the knee before union’s ideological fanatics and state capture criminals. The President can either choose South Africa or he can choose the ANC, but he can no longer pretend to choose both.

 

 

While the President vacillates aimlessly in the wind, the DA stands firm. We must cut the wage bill by freezing wages for all managers and administrators and reducing the number of millionaire managers in the state by a third while granting inflation linked increases to frontline service delivery heroes like teachers and nurses. This will save a

R168 billion, hon Minister.

 

 

While the President may yet turn his back on his own Finance Minister and the people of this country, the DA is not for turning. Thank you.

 

ADDRESSING THE PANDEMIC OF VIOLENCE AGAINST WOMEN AND CHILDREN

 

 

(Member’s Statement)

 

 

Ms M E SUKERS (ACDP): Hon Deputy Speaker, the ACDP wishes to address the pandemic of violence against women and children in this nation. This is a direct result of a fractured society in which the norms and values that upholds a stable society have been eroded by the deliberate pursuance of a circular humanist agenda that ignores the faith and values that sustain those suffering under a suppressive and evil apartheid system.

 

 

As African people we know there is no curse without a cause. Through our laws we abandoned our beliefs and by doing so we have lost our moral compass. Our dysfunctional justice system is a direct result of our failures to protect the innocent and to punish the guilty. Murders are largely allowed to roam on our streets and sow terror and fear in our communities.

 

 

There should be a lament coming from this House; a cry for the innocent and a travail on behalf of those whose sorrow is ours to bear. Our communities are asking “Are our leaders blind and deaf?”

 

We fail to act against the guilty. We are unwilling to stand up for justice. We nurture selfish ambition and complicacy rather than act boldly to pursue justice for the weak and the innocent. We, as leaders, are unresponsive and we seem to be unable to do what is right ... [Time expired.]

 

 

NEW TRANSFER DUTY THRESHOLD A WELCOME MOVE

 

 

(Member’s Statement)

 

 

Ms C SEEPOSONGWE (ANC): Deputy Speaker, we welcome the budget 2020 speech, which has assured homeowners that transfer duty will no longer apply to properties that cost R1 million or less. Previously the threshold was R900 000.

 

 

The change significantly reduces the financial burden on those looking to enter the market as it provides outstanding conditions for buyers. It is easier to obtain mortgage loans and the banks are granting higher bonds, especially for first time buyers.

 

 

The primary beneficiaries of budget 2020 are not just the first-time homeowners, but also the low to mid-market sector of properties to about R1,8 million. This is currently the

 

most active segment of the market, supported further by a favourable mortgage granting climate.

 

 

The budget also serves as confirmation that the ANC government will soon allow municipalities with the necessary financial capacity the opportunity to purchase electricity independently, which bodes well for both the property market and the country as a whole.

 

 

This is extremely encouraging for the economy, as property investment serves as an important barometer for the fiscal health of a country. Thank you, Deputy Speaker.

 

 

SOUTH AFRICANS LIVING ABROAD HAVING CHALLENGES WITH APPLYING FOR DOCUMENTATION FROM THE COUNTRY

 

 

(Member’s Statement)

 

 

Mr A M SHAIK-EMAM (NFP): Hon Deputy Speaker, I decided to change my member’s statement and that is because I see that I have both the Minister of Home Affairs and the Minister of International Relations here today.

 

South Africans living abroad are experiencing great difficulty when they have to apply for documentation from South Africa.

One of the problems is that there is what you call a diplomatic bag which takes about three months to fill up. As a result, the earliest any documentation can be provided runs into six to nine months or even longer than that because those bags have to be filled before they are sent through to South Africa. I think the department needs to look into this very seriously as to how we deal with that.

 

 

Added to that is a problem ... and we are talking about boosting tourism in the country but one issue that has just come to attention is the fact that in Cairo people attempting to get visas to come into South Africa pay a bribe at those embassies, and if they don’t they are declined unnecessarily.

 

 

I think the Department of Home Affairs must take note of the challenges we have, particularly with South Africans living abroad with the issue of an unabridged birth certificate for a child with a parent who is not able to come back to the country. The child is now three months old and unable to get a document and only because of the delays in getting the document and then having it processed in the country. Thank you.

 

BOOST OF R1,8 BILLION TO NPA WILL HELP SECURE PROSECUTIONS OF GENDER BASED VIOLENCE

 

 

(Member’s Statement)

 

 

Ms J M MOFOKENG (ANC): Deputy Speaker, the ANC welcomes the commitment by our government to inject R1,8 billion into the fiscus of the Department of Justice and Correctional Services to strengthen the fight against the scourge of gender-based violence.

 

 

This, according to the National Treasury will enhance prosecution and it will be able to assist the National Prosecution Authority, NPA. This will also enhance the work that has been done, and we are also saying that the work that has been done by the President is acknowledged.

 

 

We call on our criminal justice system to be ruthless and firm in dealing with perpetrators of women abuse. We share the President’s sentiments and we are hoping that we are going to succeed in creating a society that is caring, humane, and people centred.

 

The ANC welcomes the call for all South Africans that are willing to help and work with us. We also welcome his commitment recently of building more sexual offences courts to clamp down on gender based violence. I thank you.

 

 

ANNUAL CAPE TOWN PRIDE EVENT

 

 

 

(Member’s Statement)

 

 

Mr Z N MBHELE (DA): Deputy Speaker, this past Saturday, thousands of Lesbian, Gay, Bisexual, Transgender/Transsexual, Intersex and Queer/Questioning, LGBTIQ, people and allies took part in the annual Cape Town Pride, protesting ongoing homophobia and transphobia, while celebrating the gains made for LGBTIQ equality and protection from discrimination.

 

 

The DA was proudly there in full force as a long-standing supporter of LGBTIQ equality, which we champion in line with our cardinal values of freedom and diversity. Sadly, this gathering would have been illegal in many African countries, where being gay is enough to get you thrown in jail, or worse. With President Ramaphosa now being chairperson of the African Union, AU, it’s a chance for him to put the plight of the LGBTIQ community in Africa on the agenda.

 

The Leader of the Opposition, John Steenhuisen has issued a challenge to the President, Make your term as AU chair count, and push hard for the rights of all Africans to be whomever they want to be and to love whomever they want. The question now is, will he show courage and backbone to fight for the equality, freedom and dignity of LGBTIQ Africans? Time will tell. [Applause.]

 

 

FALSE CLAIMS OF NO MONEY BY FINANCE MINISTER WHILE FORMER SOCIAL DEVELOPMENT MINISTER FLIES TO NEW YORK

 

 

(Member’s Statement)

 

 

Ms D B NGWENYA (EFF): Deputy Speaker, last week the Minister of Finance stood here and told us that there is no money and that it is time for all of us to do away with wasting taxpayers’ money but we are told that the Minister of Social Development is using the little resources available for social grants to pay for the former Minister of Social Development and president of the ANC Women’s League to go to New York possibly flying business class and staying in five-star hotels to attend a United Nations Commission on the Status of Women conference in March starting next week.

 

There was no transparent selection process. There was no advertisement. No interviews and there was no budget. The ANC Women’s League just submitted names to the department like they are a government unit and taxpayers must foot the bill. Why is the Department of Social Development paying for Ms Bathabile Dlamini to go to New York? How is this in line with the department’s mandate? Which Parliament approved the budget allocation for the ANC Women’s League to travel the world and to attend conferences at the expense of taxpayers? Is this not stealing from the poor social grants beneficiaries? Thank you, Deputy Speaker. [Applause.]

 

 

CODING AND ROBOTICS CURRICULUM FOR GRADES R TO THREE

 

 

 

(Member’s Statement)

 

 

Ms N G ADOONS (ANC): Deputy Speaker, the ANC welcomes the steps taken by the government to provide learners with skills and competencies to prepare them for the Fourth Industrial Revolution and the fast-changing world of work. Primary school learners are now being introduced to the world of coding and robotics from Grade R to Grade 3 and the design of the Grade 4 to 9 curriculums is also at an advanced stage according to the Department of Basic Education.

 

The coding curriculum helps to develop problem-solving, critical thinking, creativity and teamwork. The robotics curriculum will provide hands-on, creative ways to encourage students to design, experiment, build and invent. The ANC commends the University of South Africa for partnering with the Department of Basic Education in making available 24 ICT laboratories throughout the country for the training of 72 000 teachers in coding.

 

 

We concur with President Ramaphosa’s sentiments when he said; the most significant contribution government can make to inclusive economic growth is in the development of appropriate skills and capabilities. Thank you.

 

 

PEACEFUL CONFLICT RESOLUTION IN SOUTH SUDAN

 

 

 

(Member’s Statement)

 

 

Ms T R M ZUNGU (ANC): Deputy Speaker, the ANC-led government, has been vocal in the principle of finding African solutions for African problems. It was this fundamental principle that had guided South Africa’s engagement with the world and had informed the country’s position in lending a hand wherever the conflict arises on the continent.

 

We therefore congratulate the South Sudan government for resolving conflict through peaceful means and using dialogue to find lasting solutions. South Sudan opened a new chapter in its fragile emergence from civil war. Mr Riek Machar and his vice president were sworn in on Saturday 22 February this year.

 

 

Deputy President David Mabuza recently visited South Sudan to witness the swearing-in ceremony of the vice president and inauguration of the Revitalised Transitional Government of National Unity. During the peace agreement, the Deputy President also gave a message of support to the President and the people of South Sudan. Thank you.

 

 

PANDEMIC OF VIOLENCE AGAINST WOMEN AND CHILDREN IN SOUTH AFRICA

 

 

FALSE CLAIMS OF NO MONEY BY FINANCE MINISTER WHILE FORMER SOCIAL DEVELOPMENT MINISTER FLIES TO NEW YORK

 

 

(Minister’s Response)

 

 

The MINISTER OF SOCIAL DEVELOPMENT: Deputy Speaker, firstly I wanted to thank the ACDP member Sukers for consistently

 

raising the issues that relate to gender-based violence and for consistently calling us as members to respond to the challenges and I wish to thank your member and wish to call on all the members in the House to deal consistently with these issues in any space where they find themselves.

 

 

IsiZulu:

 

Okwesibili, we-EFF, akengithi ukunitshela kancane nje, ngike nginifundise ukuthi uHulumeni usebenza kanjani. Ungqongqoshe Wezokuthuthukiswa Komphakathi yilo, igama lakhe u-Lindiwe Zulu, ewuNgqongqoshe Wezokuthuthukiswa Komphakathi ukuxhumana kuza ehovisini likaNgqongqoshe izophendulwa uNgqongqoshe Lindiwe Zulu.

 

 

English:

 

Any correspondence ...

 

 

IsiZulu:

 

 ... eza kimi, uma nina ninendlela yokuyithola ngezindlela zenu, okwenu lokho. Isimiso sesibili ...

 

 

English:

 

 ... we do not fund any political party at any point as the Department of Social Development. Even if a party can come and ask, irrespective ...

 

 

IsiZulu:

 

 ... kungaba yi-ANC, kube yi-ACDP, kube yini, ngeke sininikeze leyo mali ...

 

 

English:

 

... on the basis of political request. So ...

 

 

IsiZulu:

 

 ... leyo mininingwane eninayo yigcineni lapho kimi. Mina uLindiwe Zulu ngizophendula ukuxhumana okuza kimi njengoNgqongqoshe Wezokuthuthukiswa Komphakathi. [Ihlombe.]

 

 

Ms D B NGWENYA: Point of Order Chair!

 

 

The DEPUTY SPEAKER: Yes, what is the point of order? [Interjections.]

 

 

IsiZulu:

 

Nk D B NGWENYA: Sekela Somlomo, nginephuzu lokukhalima okuphambukayo. Ngiqondise umbuzo wami kumama uLindiwe Zulu, angiwuqondisanga komunye umuntu. [Ubuwelewele.]

 

 

The DEPUTY SPEAKER: Hon member, don’t engage. Firstly, hon members, these are Ministers’ replies to your statements, it is not meant for a dialogue. Please understand that. The chance of Ministers to respond ... just proceed, yes?

 

 

Dr M Q NDLOZI: Deputy Speaker, on a point of order: With the greatest respect, we will never be told by your Minister on where to speak, what time to speak and who to speak to. Never! [Interjections.]

 

 

The DEPUTY SPEAKER: No! Listen here, hon Ndlozi, you take your seat. [Interjections.]

 

 

POOR SERVICE DELIVERY AT THE DEPARTMENT OF HOME AFFAIRS

 

 

 

(Minister’s Response)

 

 

The MINISTER OF HOME AFFAIRS: Deputy Speaker, we are painfully aware of the problems that South Africans who are abroad ... [Interjections]

 

The DEPUTY SPEAKER: Hon members, give hon Motsoaledi a chance to respond.

 

 

The MINISTER OF HOME AFFAIRS: We are painfully aware of the problems which South Africans who are abroad are experiencing when they renew their passports. So serious is the problem that many of them come here back home and within five days or

13 days at most, they get their passport but when they are in the missions overseas – yes its true – it takes months because we convey to the country via the diplomatic path. We don’t regard this as a problem of Department of International Relations and Cooperation. It is our own problem in Home Affairs and we are busy dealing with it.

 

 

One of the problems is that our missions are not connected to the National Population Register. They have to do this through applications manually. We are busy with that. We have already listed the missions in London where there are lots of South Africans to see how we are going to solve this problem. Thank you very much.

 

 

PEACEFUL CONFLICT RESOLUTION IN SOUTH SUDAN

 

 

 

(Minister’s Response)

 

The MINISTER OF INTERNATIONAL RELATIONS AND COOPERATION:

 

Chairperson, with respect to the matter of the African Union that has been referred to ... [Laughter.] ... I beg your pardon Deputy Speaker.

 

 

The DEPUTY SPEAKER: [Laughter.] No! It’s okay. I wasn’t expecting it from you, of all members. [Laughter.]

 

 

The MINISTER OF INTERNATIONAL RELATIONS AND COOPERATION: Yes,

 

absolutely.

 

 

The DEPUTY SPEAKER: No it’s alright.

 

 

The MINISTER OF INTERNATIONAL RELATIONS AND COOPERATION: You

 

are absolutely correct. It’s the constant travelling that’s perhaps going to my head. [Laughter.] My apologies.

 

 

Deputy Speaker, the statement read out by the DA concerning the President’s role at the African Union and matters that the President should raise. I think it’s important that we should point out that the role of the chairperson is not to determine the policies of any country. We are clear as to the Bill of Rights of South Africa and the policies that we hold with respect to equality and the orientation of any person in our

 

country. There is no doubt on the part of the ANC as to the policy position of South Africa.

 

 

We have stated very clearly what our priorities would be for this chairship; silencing the guns, economic inclusion of women, promotion of good governance and democracy through the African Peer Review Mechanism, APRM, the institutional development of the African Union, the economic development of Africa by ensuring implementation of the African Continental Free Trade Area Agreement. These will form the substance of what we will certainly promote in the context of the African Union.

 

 

We do welcome - as the ANC member has indicated – the peace that has been achieved in South Sudan and particularly the first steps towards implementing the comprehensive agreement on peace within the South Sudan country. We congratulate Vice President Riek Machar and in particular, congratulate President Salva Kiir for the bold steps that he took to ensure that it was possible to implement the agreement from the

22 February. And of course, the special envoy, Deputy President Mabuza, has played an extremely vital role in the process and we thank him for that.

 

Finally, we should indicate that we have received correspondence that the Commission on the Status of Women, CSW, will not be held given concerns over the coronavirus and big concerns of the World Health Organization and the correspondence has already been sent to the relevant government departments on that score. Thank you very much, Deputy Speaker.

 

 

EXPENSIVE CANCER TREATMENT COSTS

 

 

(Minister’s Response)

 

 

The MINISTER OF HEALTH: Deputy Speaker, I rise in response to the comments made by the hon member from the IFP who has raised the issue around the challenges of treatment for cancer. I want to acknowledge that this is a real challenge. I also want to indicate that the problem of cancers is a rising concern in the society and that in fact, amongst the non- communicable diseases, cancer together with heart cardiovascular disease, diabetes, as well as unnatural causes, those are some of the areas of concern to us.

 

 

There are special arrangements we made for those individuals who might be needing medication that is not available within

 

the system and within the country through section 21 applications to South African Health Products Regulatory Authority. But we must say that the challenge of the cost is a reality for which we have made a call for South Africans to support the NHI because that is the platform that will allow us to share the resources right across all the South Africans and make sure that people are able to have access to medication, irrespective of whether they have a medical aid or not.

 

 

Therefore, we do sympathise with the member that has raised the issue. We will continue to work together to see what is it that we can do in order to assist. Thank you very much.

 

 

CUTTING THE PUBLIC SECTOR WAGE BILL

 

 

 

(Minister’s Response)

 

 

The MINISTER IN THE PRESIDENCY: Deputy Speaker, we agree with the Member of Parliament from the ANC with regard to the ethos that informing the Budget 2020. Particularly, as it relates to servicing the poorest of the poor. Perhaps we should also add that having said the whole of Cabinet and members of the ANC in this Parliament, including the President of the Republic of

 

South Africa, fully supports Budget 2020 as presented by the Minister of Finance. Therefore, any articulation by the DA that the President is not in support of this budget is probably found in their imagination. Thank you very much.

 

 

STATEMENT BY THE MINISTER ON THE STATE OF READINESS FOR THE

 

2020 ACADEMIC YEAR

 

 

The MINISTER OF HIGHER EDUCATION SCIENCE AND TECHNOLOGY: Hon

 

Deputy Speaker, Cabinet colleagues present, our Deputy Minister Bhuti Manamela, chairperson of the portfolio committee Mr Philly Mapulane and all hon members, the purpose of this ministerial statement is to inform the House about the state of readiness for our new academic year, the challenges and actions we are taking.

 

 

On 11 February, I interacted with students and staff at the National Student Financial Aid Scheme walk in centre. I also had the pleasure of personally calling and informing two TVET college students of their successful National Student Financial Aid Scheme, NSFAS, applications.

 

 

The voices of joy on being told that their NSFAS applications had been approved are still ringing in my ears. This is indeed

 

the experience of hundreds of thousands of NSFAS beneficiaries under this ANC government.

 

 

From 21 January 2020, I initiated and held briefing sessions with a variety of stakeholders to brief them about our state of readiness for the 2020 academic year. Our briefings included Student Representative Council, SRCs, led by the South African Union of Students, student organisations, political parties, trade unions, representatives of vice chancellors, TVET college principals, the South African Local Government Association, SALGA, traditional leaders and faith based organisations amongst others.

 

 

I am grateful for the support and cooperation that I received from these stakeholders. Out of these briefings and subsequent engagements we produced a framework for institutions to handle the registration process and start of the academic year relatively successfully; hence most of our universities and colleges have started with the academic year smoothly.

 

 

Prior to these consultations, I had released a public statement on 16 January 2020, outlining opportunities available at our public institutions, particularly opportunities for the 2019 matriculants.

 

The year 2020 marks the first academic year of the decade, and in the previous decade we have indeed laid a solid foundation through a number of significant achievements and advances for a thriving and responsive post school education and training system.

 

 

These include the establishment of three new universities and the building of a number of TVET college campuses and skills centres. These are among the first new institutions in post- apartheid South Africa.

 

 

As the ANC government, we are indeed proud to stand here and say that this year 2020, we will be spending R35 billion through the National Student Financial Aid Scheme, supporting over 700 000 students in both universities and TVET colleges. In fact, this is a very important achievement because at this stage in the last couple of years there is no country anywhere in the world that has invested so much in higher education ANC policy supports working class and poor students whose combined family income is not more than R350 000 per annum. Students with disabilities qualify for NSFAS if they come from families earning up to R600 000 per annum, to make support even easier for them. NSFAS supports students to acquire a first undergraduate qualification and does not fund postgraduate

 

students. Given the legacy of inequality, it is only fair that priority is given to those who do not have an undergraduate qualification.

 

 

However, on my instruction, I have asked the National Research Foundation to come up with a funding strategy for post graduates that considers NSFAS graduates who immediately want to proceed to post graduate study. However, funding of post graduate studies is based purely on availability of funds. I will continue to seek more funding Minister Mboweni for post graduate studies for the good of our system and economy.

 

 

For all qualifying contact university students, NSFAS pays for tuition fees, accommodation, food allowance, learning materials allowance and an amount for personal care for 10 of the 12 months of the calendar year. For TVET college students about 95 percent of them receive free tuition with different types of allowances where required and feasible for travel and accommodation.

 

 

All NSFAS qualifying students do not have to pay any upfront registration fees and if they have debt, they do not have to pay upfront but only to sign acknowledgment of debt. For 2020, the sector wide agreement has been on an inflation linked

 

university tuition fee increase for 2020 of 5.4% and 7.4% for accommodation fees.

 

 

In 2017 and 2018, we also provided support to poor and missing middle students through the fee adjustment or gap grant for students in the family income category of up to R600 000.

 

 

One of the biggest achievements by NSFAS is that for the first time ever at the beginning of this year, all applications that were received between September and November 2019 last year were processed and applicants were informed through the myNSFAS accounts.

 

 

For the first time this year, NSFAS applicants knew of their situation before the start of the 2020 academic year, thus significantly easing the registration process at our universities, an important part to a smooth start of the academic year.

 

 

From 2018, we started implementing the new NSFAS bursary scheme for all students from families earning up to R350 000 per annum. This is now a bursary that is no longer to be paid back. All we expect is for students to grab this opportunity with both hands and work hard to pass.

 

Due to the inadequacy of the systems to manage NSFAS in TVET colleges, we have allowed walk ins. In addition, NSFAS has employed dedicated capacity to assist TVET colleges. About 95% of all TVET college students qualify for and mostly receive tuition free NSFAS grant.

 

 

Due to our commitment to fight against fraud and corruption, we unravelled a total irregular expenditure in the NSFAS system which amounted to R4.3 billion. This is part of our commitment to eliminate fraud and other forms of corruption in the system and to nail the culprits on this score. This is part of my determination to fight against corruption and maladministration, whether in NSFAS, universities, colleges or Sector Education and Training Authorities, SETAs.

 

 

Through the student housing infrastructure programme, we are currently developing large projects comprising of 7273 new beds at a number of universities and we have six housing projects that are in the pipeline where feasibility studies will be undertaken in 2020.

 

 

However, our system still uses private accommodation or privately owned student accommodation. We have agreed with all

 

our institutions to accredit private accommodation to ensure that these are habitable for student accommodation.

 

 

During this year I also wish to announce that I will be appointing a ministerial team on infrastructure to amongst other things assist me in developing a comprehensive student accommodation strategy and closely supervising the infrastructure projects in the whole of the post school education and training sector.

 

 

It will be necessary in 2020 to establish a forum where private accommodation provision, norms and standards, costs, safety, university accreditation processes and the link with NSFAS funding can be discussed. This will be greatly assisted by the R64 billion for student accommodation over the next ten years as announced by the President in the state of the nation address this year with the aim of raising a further

R64 billion through private sector participation, over the next ten years. This will take us a long way towards addressing student housing needs.

 

 

I must indicate that, following engagements with universities, we have agreed that university students who are only able to access single use accommodation that is not formally

 

accredited, will be able to access support for this accommodation, subject to the provision of a lease agreement.

 

 

In this regard, we are seeking to protect students from exploitation, prevent fraud, and ensure that funding is directed to support the appropriate costs and quality of accommodation as far as possible.

 

 

As the Minister, I am concerned about campus safety and particularly what seems to be growing incidents of gender- based violence. I once more wish to express our condolences to all the families who have lost student relatives in both our universities and colleges. Our institutions are places of teaching, learning and positive socialisation and should therefore be safe spaces for all students and staff.

 

 

To achieve this objective requires multiple levels of intervention involving not only the ministry and department, but other government departments as well as all stakeholders

 

 

The first intervention by my ministry has focused on tightening the policy framework to enable us to deal more effectively with gender-based and other forms of violence on our campuses. We have now finalised the Policy Framework on

 

Gender-Based Violence for the post school sector, and will shortly be tabling it before Cabinet for final approval. The policy will guide the whole sector in its management of and response to gender-based violence.

 

 

The beginning of this academic year has also been marked by some violent student protests at a number of our institutions. In all these cases my department has been working the institutions to address the specific problems and challenges. We wish to particularly condemn violence and destructions that has actually accompanied some of these protests and to say no matter how legitimate a complaint is we must protect property and life in our institutions. Thank you very much.

 

 

IsiXhosa:

 

Mnu B B NODADA: Sekela Somlomo, malungu ahloniphekileyo, bantu baseMzantsi Afrika, ndiyanibulisa ngale njikalanga, molweni.

 

 

English:

 

Today I stand here having seen the true state of our higher education institutions, with no presentation nor the Department of Higher Education, Science and Technology staff to paint a facade of what is happening on the ground through

 

power points, not even you Minister through a speech can fool my sight, because I have seen it for myself.

 

 

Like a broken record, I will continuously remind you without fear, and with vigour of all the issues that are setting up my brothers and sisters for failure on our university and TVET campuses. I will offer you solutions that you can immediately implement until you act and resolve these issues Minister. I suggest Minister, you start using your free flights, to go and visit these campuses to see the reality yourself.

 

 

Standing here I carry the harsh realities of my brothers and sisters whose dreams have been denied, whose hopes have been diminished, whose trust has been broken and whose talents have been crippled. During my oversight visits I met an administrator at the admissions office at the Nelson Mandela University that expressed the uselessness of the poorly coordinated Central Applications Clearing House, CACH, system that was used to park walk in students and give them hope of access with only a 2% take up rate as confirmed by the Department of Higher Education, Science and Technology. I met Walter Sisulu University, WSU, students who are still yet to academically register, nor have lectures commenced till to date, a month post the date of commencement of lecturers,

 

because of poor administration processes and the poorly co- ordinated online registration, while 1000 Bachelor of Education and Nursing students are rejected because the Council of Higher Education failed to accredit some courses on time.

 

 

I met Sinawo, who is one of the more than 3 000 undergraduate and postgraduate students at the University of Fort Hare who was requested to pay 30% upfront to settle her student debt before she could register, yet she is an NSFAS qualifying student, similarly Mlamli from the University of KwaZulu- Natal, UKZN, a missing middle student whom is expected to pay R36 000 upfront. They are part of the 192 000 students that can’t register due to historic debt and being subjected to upfront payments they can’t afford, yet you Minister indicate that you had made an announcement of clearance on intervening on historic but this has not materialised.

 

 

What is more shocking is that R30 million allocated to NSFAS to clear student’s debts from 2018 as reported just this morning in the committee is still not used, yet students are continuously excluded. If you have not seen yesterday at Port Elizabeth TVET College, there were hundreds of students who shut down Russell Road Campus because NSFAS has not paid their

 

allowances for transport so as to get to class, for accommodation to avoid sleeping in labs and for food. This is just one example of many, where TVET colleges in collaboration with NSFAS are failing to disburse student allowances timeously and efficiently where some students wait up to seven months to receive their allowances

 

 

This is happening at the Northern Cape Rural TVET College at the South Cape Rural TVET College and Tshwane North TVET College as well. Similarly, students living with disabilities have to wait for over a year just to receive the allowance on assistive devices. I think the administrator at NSFAS can confirm that for you if you do not have that information.

 

 

Tshwane University of Technology, TUT, students whom have not received money for books and accommodation and those who received funds for accommodation say it is not the full amount. Some students incurred historical debt Minister, while they are NSFAS beneficiaries. NSFAS had not paid the fees of these students as first years and now these students are struggling to continue with their studies as they are not able to register.

 

The ANC members last week stood on this very podium to try and praise a better mess at NSFAS. The reality is that their regular expenditure is at R7,2 billion, it has increased from R280 million. That is the real figure where NSFAS has even invested and utilised students’ money through asset management at VBS Bank. These are issues that we picked up on the report.

 

 

I met Mr Marlin whose daughter had been sleeping at the University of the Western Cape, UWC, Student Representative Council, SRC, offices because the institution has failed to accredit the South Point residence she was living in the previous year and now has to travel an hour to campus because she is allocated in a residence in Eerste Rivier. What was more concerning are the conditions in which our brothers and sisters live under as TVET college students, as backroom dwellers in unsafe off campus accommodation, whilst there is heavy political interference by your party Minister when WSU and other institutions that are historically disadvantaged want to maintain the current existing infrastructure through tendering for that.

 

 

There is no wi-fi in some campuses. Our brothers and sisters are subjected to a culture of violence on and off our campuses. On one end students are being stabbed to death and

 

on the other buildings are being torched. A Tshwane North TVET College female student was encouraged to date an older man just she is poor and needy.

 

 

Generally, the sector has some issues that were common and I would suggest that you implement some of these solutions that I am going to table here Minister:

 

 

I would like you to honour the invite of UFH to visit their campus to see for yourself and other campuses not only rely on officials presenting to you in boardrooms.

 

 

Announce a plan with specific timelines to deal with historic debt, so that students are not financially excluded and can register so as to change circumstances of their breath.

 

 

NSFAS to immediately institute a disbursement process that will pay students directly without having to go through TVET colleges, because when that money is transferred to those TVETs they utilise it for other issues and hence you have a R7,2 irregular expenditure.

 

 

I ask you Minister to try and standardise the allowances for TVET and university students. They eat at the same place, they

 

are accommodated at the same place, and they are transported in the same transport.

 

 

Please engage the Department of Public Works and Department of Human Settlements and some local municipalities for buildings that are not being used, dilapidated or problem buildings so that those buildings can be allocated to institutions for the purposes of student accommodations and the shortage of lecture rooms.

 

 

Every compass must report on their strategy for safety and security plan and to curb the scourge of gender-based violence. We must get quarterly reports on how the safety is on campus, so that our students can study in a conducive learning environment.

 

 

The DA’s mission is to rescue the future of this country, to create a better South Africa for all not only those who are connected. Hence, we ask you to stop the window dressing and suggest that you stop political comment and focus on resolving these issues [Applause.] I thank you so much.

 

 

Mr V PAMBO: Hon Deputy Speaker, I thought that the Minister of Higher Education, Science and Technology would come here and

 

stand up to the challenges that are facing students in universities, but instead in a classic way the Minister failed. He addressed the nation sitting. There will never be any readiness for successful year without free fee quality education for all in South Africa It is unimaginable how President Cyril Ramaphosa thought it was wise to give Mr Nzimande any responsibilities that has anything to do with young people, let alone anything to do with knowledge production and management of higher learning.

 

 

Tshwane West TVET College is not ready. The registration system has failed, closed earlier than stated and students including returning students could not register. Students are excluded because of historic debt and because the campus has no backup generator, computer classes are not taking place.

Central Johannesburg TVET College is not ready. Hellen Mathobela, like many other students, completed her marketing management studies in June 2019, but has not received academic transcript because the administration system has collapsed.

 

 

Cape Peninsula University of Technology is not ready. Out of more than 35 OOO registered students, only 12 495 beds are available and the rest are subjected to inhumane conditions, sleeping in libraries, bathrooms, study centres and

 

administration passages. As we speak here now, there is a shutdown in progress.

 

 

Taletso TVET College is not ready. At that TVET college students are still dealing with outstanding NSFAS payments of 2017/2018 financial year. There are no practicals for engineering students; everything is theory, residents in Mahikeng need serious renovation because no human being should be living under those conditions.

 

 

University of South Africa, Unisa, is not ready. NSFAS students are excluded from food, books and laptops including food. Tshwane University of Technology, in particular the Pretoria Main Campus, is not ready. Classes are overcrowded and we knew about this because it happens every single year. Nkangala TVET College is not ready. As we speak now, the college is in complete shutdown. There are not enough lecturers, no accommodation and there is no security.

 

 

North-West University is not ready. Potchefstroom campus continues to allocate accommodation based on the colour of their skin. University of Fort Hare is on fire, it is also not ready. Instead of giving students free education, you have unleashed police and security violence. You are arresting

 

students who are demanding nothing but what you promised there, which is free education.

 

 

University of Zululand is not ready. We watched as police clashed with unarmed students who are only demanding not to be excluded from learning, from an opportunity to improve their lives and participate in the economy as equals.

 

 

All other institutions of higher learning are facing the same challenges. They are also not ready. The only institutions of higher learning where it looks like they were ready are the ones that enjoy their colonial historical infrastructure, culture and values, and they remain exclusive mainly for white students from private and former model C schools.

 

 

Mr Ramaphosa showed us that he does not care about higher education when he reappointed this blunt blade, hon Blade Nzimande into the department. What happened to the December 2017 announcement of free education? Students are not asking for anything that you never promised. You promised students across this country, free quality education. Today we sit here, there is no such a thing. The lived experience of students is not free education. Thank you very much [Applause.]

 

Mr X NGWEZI: Hon Deputy Speaker, hon Minister and members, currently, there is a misalignment of qualification skills to those leaving higher education phase. We see an increasing number of graduates who are unable to find work due to the changing economic demands in this country. We are producing skills in already oversaturated sectors which add to the unemployment rate. Higher Education must collaborate with Small Business Development and Trade and Industry to take stock of the required skills in South Africa. This must be evaluated biannually and government must approve programmes that best fill the gaps in our labour market.

 

 

Internships must be available across all municipalities. Higher education needs to include the component of practical training like other successful nations where students are easily employable. Ensuring that municipalities offer internships will assist in the practical training component.

 

 

There is no doubt that currently there is limited accommodation at tertiary institutions. Every year universities are encouraged to oversubscribe their acceptance while hundreds and thousands of students do not have place to sleep. We must look practical solutions that will ensure that students receive adequate support at tertiary levels.

 

The National Student Financial Aid Scheme, NSFAS, must approach private student rental agencies and agree upon a rate to accommodate students near universities where there are insufficient beds. The National Student Financial Aid Scheme together with the Department of Public Works must work together to equip unoccupied government buildings which must be revamped and suitably restructured to accommodate student housing. The National Student Financial Aid Scheme first and foremost needs to sort out its administration and end the squandering of money that could be better allocated to students’ needs. It is unacceptable that NSFAS has ridiculously high irregular expenditure increasing by hundreds of millions in one financial year. Irregular expenditure deprives students of much-needed resources. We witness some examples of the effects of NSFAS finance mismanagement on students whereby they are forced to sleep in parks, on chairs and on the ground.

 

 

Based on the shortage of space in the tertiary phase of education, government needs to create centres that use information and communications technology, ICT, for educational purposes. We must explore the capabilities of distance learning as a cost-effective mechanism to provide skills to students who would otherwise not be so privileged.

 

Most international universities, including local universities such as the University of Cape Town, UCT, and Stellenbosch University offer accredited online courses. We must encourage this way of education as we come to terms that not everyone will be able to reach a university and thus take education to the people.

 

 

Our institutions have become battlefields. We know this as every year we see students fighting because they feel that they are excluded, or they are excluded. As we speak the University of Zululand is closed. Classes and activities were cancelled yesterday until further notice. It is alleged that students were fighting. It is also alleged that students petrol bombed a police vehicle. We can’t continue to have a situation like this. Something needs to be done. We are training learners as we put a lot of budget in tertiary institutions. [Time expired.] We are not training soldiers.

Thank you very much.

 

 

Dr W J BOSHOFF: Hon Deputy Speaker, standing here I feel a lot like a preacher or a teacher speaking in other people’s sleep. However, I would like to start my speech by commending the Minister’s report on certain issues, for instance, the NSFAS – whatever exactly it stands for. It comes from a very deep

 

level of mismanagement and it has today recovered to a large extent.

 

 

Afrikaans:

 

Dit is belangrik om te sê dat daar dinge soos instellings en instansies in die Departement van Hoër Onderwys is wat baie goed werk, terwyl daar ook ander is wat baie sleg werk. Die rede daarvoor is, dat die Departement van Hoër Onderwys doodgewoon ’n uitvloeisel van die Suid-Afrikaanse samelewing is.

 

 

In die Suid-Afrikaanse samelewing is daar sekere goed wat baie goed werk, en daar is ander dinge wat glad nie werk nie.

Hoekom sal dit anders wees? As daar in die wêreld, soos ons hom ken, nie genoeg behuising vir al die mense is nie, hoekom sal daar genoeg behuising by ons universiteite wees? As daar nie bekwame mense aan die stuur van ons openbare ondernemings is nie, hoekom sal daar uitsluitlik bekwame mense aan die stuur van ons universiteite en TVET [TBOO-kolleges] wees?

 

 

Mens moet, met ander woorde, op ’n geval-vir-gevalgrondslag daarna kyk en sê dat daar sekere goed is wat baie goed werk en daarvoor moet jy erkenning gee, en die ander moet jy identifiseer en daaraan werk.

 

Die gevolgtrekking wat ’n mens moet maak is dat die Minister in ’n samelewing werk, met ’n geskiedenis waar die ANC, toe hy aan bewind gekom het, gesê het dat as iets nie na jou smaak is nie, moet jy dit afbrand of totaal ontwrig. Nou kom ’n nuwe geslag en dan sê die Minister aan die einde...

 

 

English:

 

...violence and destruction are no longer protest, but counter-revolution.

 

 

Afrikaans:

 

Ek dink nie dit is hoe die jongmense wat swak onderwystoestande of swak verblyftoestande ervaar, dit sien nie. Ek dink hulle dink doodgewoon dat hulle dit wat hulle voorgeslag gedoen het, nadoen. Ek dink ook hulle voel baie trots daarop.

 

 

Wat meer is is dat die ontwikkelingstaat waarmee ons werk eintlik maar ’n ander naam vir ’n sosialistiese staat is, waar die staat sy ingryping in die samelewing heeltemal oordryf, en waar die staat heeltemal te veel doen, soos dinge wat nie op die staat se terrein lê nie.

 

As mens ’n staat het waar die privaatsektor en die burgery oor die algemeen vertroue in die toekoms het, dan val hulle eintlik oor hul voete om goeie studente te befonds, dan wil hulle beurshouers wees vir talentvolle en hardwerkende studente, want dit sal hulle toekomstige werknemers wees.

 

 

As hulle aan die ander kant bang is dat die werknemers, na al hul langtermynbeleggings, ’n 10-, 15-, 20-jaar tyd het voor hulle terugbetaal, en as hulle bang is dat daardie geld vermors gaan word, dan doen hulle dit nie. Ons vind dan dat arm mense, wat nie uit ’n bevoorregte posisie kom en vanself hoër onderwys kan bekostig nie, ook nie meer beurse by instellings kry, wat in staat is om dit te gee nie. Die staat moet dan intree. Die staat vind dan dat hy die oorversorgende moeder, eintlik die versmorende moeder is, wat alles probeer doen en alles probeer bekostig en net nooit goed genoeg is nie, wat net altyd tekort skiet. Die staat kan nie utopia tot stand bring nie, ten spyte van sy beste pogings. Dankie.

 

 

Ms M E SUKERS: Hon Deputy Speaker, I have to echo the fact that today we are much further than we were in the past in granting opportunities for further learning ...

 

 

Afrikaans:

 

... maar ons moet ook erken dat ons gebreke het wat ’n groot aantal jong mense agterlaat.

 

 

English:

 

When I heard the figures quoted by the Minister I think of those who we have failed to retain and actively target to put on a development path. Of those who passed matric we know only a limited few gain university entry. There is a growing number of people who are becoming unemployable and are being left behind because we do not employ a targeted approach to reach the bulk of school leavers.

 

 

The ACDP believes that much more should and can be done to create greater awareness in our poor communities about financial aids available to those coming from poor and working class backgrounds. The programme Assistance Network to further higher learning and training is not easily accessible enough for young people who have fallen out of the system for whatever reason.

 

 

In working with our young people in poor communities you find that those who exited the system two or three years ago have given up to apply because they do not know where to go and which programmes of assistance are available to them.

 

Socioeconomic conditions and poor support structures in communities are the root causes contributing to unemployability.

 

 

The ACDP’s reach programmes are part of essential community programmes that aim to link young people to opportunities in learning and development. There are hundreds of young people that we are leaving behind and...

 

 

Afrikaans:

 

... die meeste jong mense weet nie hoe om toegang tot daardie R530 biljoen te kry waarvan u gepraat het nie. Baie dankie.

 

 

Mr S N AUGUST: Hon Deputy Speaker and hon members of this House, year in and year out, the state of readiness of students entering higher education face the same issues. These issues include placement into tertiary institutions, university accommodation and the lack of funding, amongst many other concerns.

 

 

Expectedly, South Africans are now conditioned to read headlines that illustrate the distress from young people trying to enter this new and critical step in their lives.

 

We cannot go on like this.

 

 

Higher education should not be highlighted only when the academic year starts, but should be an ongoing effort to address problems that may arise as new students enter tertiary life.

 

 

And not only should the emphasis be put on academic learning after their basic education years, but also on many of the other options and vocations that exist for young citizens to enter the working world.

 

 

Our focus remains on the school-leaver moving from high school to tertiary, but has our basic education system prepared our learners enough to enter higher education?

 

 

Is basic education working with higher education to mitigate issues that may arise when learners transition?

 

 

A Good government will promote quality early childhood and basic education that prepares school-leavers to find a job, or enter further or higher education.

 

A Good government will develop the skills that the market needs now, and in the future which will ensure the distribution of talents across all sectors in our society.

 

 

A Good government will not merely sit and wait for a new year that brings about the same issues for new students. We will be proactive and continuously problem-solve throughout the year so that students have less and less logistical and financial concerns.

 

 

Hon Deputy Speaker, our Constitution gives every child the right to access education. It is our responsibility to make sure these rights are realised and that the state of readiness to every young person seeking to better themselves through education is painted with a path with less and less obstacles. Thank you.

 

 

The DEPUTY SPEAKER: Hon member Shaik Emam, before you start allow me to welcome the Fort Hare University students in the gallery. You are welcome. Yes. Yes. Thank you very much. Hon Shaik Emam. [Applause.]

 

 

Mr A M SHAIK IMAM: Hon Deputy Speaker, let me start of by saying that when we decided to provide free education in the

 

country, we ought to have realised that together with that there will be a lot of challenges. Some of the challenges as what we hearing about today which is accommodation, the management of the National Student Financial Aid Scheme, NSFAS, and many others.

 

 

However, I do not think that if we come here and complain and complain and complain like a stuck record, we are going to find a solution to the problem. [Interjections.]

 

 

I want to welcome what the hon member from the FFP said and also from the ACDP that let us also acknowledge that there is a lot of good work that has been done. There is a lot of progress from the previous years as well and that NSFAS is dealing with some of the problems. It may not be sufficient, but I think we need to come together. That is why we have portfolio committees not only at national level we also have them at provincial level. We have structures on the ground at local level, maybe we need to come together with all these structures and see how we assist these learners where ever these tertiary institutions are situated.

 

 

However, coming here and complaining and complaining is not going to assist. While you continue to sit here and complain,

 

the learners unfortunately are being deprived. If you lose one year you can lose your entire future. That is how important it is. So, treat it with the importance it is, do not come here and try to score points. Try to find solutions in the interest of these students. That is what they want. [Applause.]

 

 

Now hon Minister, I cannot see you, but I think you are somewhere, one of the learners that I know and is experiencing great difficulty and has physical challenges is a learner by the name of Neo Yanga Mokoena, from the Coastal KwaZulu-Natal Technical Vocational Education and Training, Tvet, College Campus in Umlazi. Now that student ought to have priority accommodation, but he is not getting that accommodation up to this very day.

 

 

Now, I contacted your department and let me commend them because within five minutes of contacting them they responded. They are dealing with the matter. That is the number that was given to us when we came to Pretoria, that where ever there are challenges we as Members of Parliament and public representatives have a direct contact with the department to deal with these matters. That is what we must do. [Applause.]

 

Now, we must admit Minister, there are a lot of challenges on the ground and we are not going to solve them overnight.

However I think what we need to do is put in measures and one of the members said something very good. Try to deal with this thing over the period of time through the entire year, rather than leaving everything to this time of the year and then there is a serious problem internally.

 

 

Accommodation appears to be a problem. However my most important problem is that 60% of what you allocating in my view will be getting wasted if there is a dropout rate of 60%. Thank you very much. [Time expired.] [Applause.]

 

 

Mr M P GALO: Hon Deputy Speaker and hon Minister, earlier this year 11 students were reportedly arrested at the University of Fort Hare’s Alice campus, following sporadic protests over financial exclusion. At the Tshwane University of Technology’s Ga-Rankuwa campus, the students repelled against the authorities over the nonpayment of their monthly allowances.

 

 

The Mafikeng campus could not be outperformed, and the students there forced the university to close because of the violent protests. Mangosuthu University of Technology shut

 

Durban yesterday, in the wake of the sentencing proceedings against the murder of Zolile Khumalo.

 

 

The SA Union of Students had earlier urged the students to engage in a national shutdown at public universities. This union agitates lawlessness, just like the Minister did eight years ago, when he called for a special law to protect the former President. What compounds this enigma is the allegation hovering over Dr Randall Carolissen, the National Student Financial Aid Scheme, NSFAS, administrator. He has been mired in controversy over the R8 million allegedly redirected to futile projects.

 

 

The state of readiness at our universities is at all times low. The Minister has himself to blame. In 2012, the Minister planted the seed of lawlessness that we see in our universities. His digression to lawlessness came to bear when he implored South Africans to create a former President insult law, which was to criminalise any criticism of the sitting President. Eight years later, this has followed him, and it is engulfing our universities throughout the country. Mr Minister, please do the right thing. Thank you.

 

Mr M P MAPULANE: Hon Deputy Speaker, hon members of the executive, hon Members of Parliament, fellow South Africans, good afternoon. Hon Deputy Speaker, as I ascent to this podium to participate in this important debate, I wish to invite this august House to pause as we deep our revolutionary banners in memory of the students who have fallen at our institutions of higher learning since the beginning of the 2020 academic year.

 

 

Students like Tshidi Mocheko, a 27-year-old female student at Lephalale Technical and Vocational Education and Training, Tvet, college, was stabbed multiple times allegedly by her boyfriend; Yonela Boli, a 24-year-old male student who was doing Masters of Science in Geology at the University of Fort Hare who died after he was brutally stabbed by his girlfriend.

 

 

Another deceased is Olwethu Tshefu, a 30-year-old student at University of Fort Hare who witnessed the stabbing of Yonela, was himself brutally stabbed and killed two weeks ago after the death of Yonela. His killers wanted him dead simply because he is a witness to the murder of his friend. Also deceased is Mbasa Hlalukana, a 20- year-old student at the University of South Africa who left home to celebrate a 20th birthday, but she was later found at a house in Mdantsane.

 

Her boyfriend, Anele Tsewu, a 22- year-old student of Fort Hare University was arrested for her murder. May their souls rest in peace. Hon Deputy Speaker, hon Nodada indeed came here and sounded like a broken record. He told us about a report that he is having. It is like a discovery to him, almost the same way as the colonialists discovered Africa. For us, hon Nodada, we live in this neighbourhood, we live with the students who are going through those difficulties and we know that the ANC is addressing all these problems.

 

 

Unlike you going there to discover coming to this podium to give a report here, the ANC-government is addressing all the issues that you are talking about. The Minister has just explained to you how we are addressing these issues. Hon Deputy Speaker, these young students join the list of victims of gender-based violence and femicide in our universities and Tvet colleges, who perished at the hands of men possessed by toxic masculinity. Hon Minister, you will agree with me that not only must we intensify our fight against gender-based violence in our institutions of higher learning, but also, we must appropriately honour these students who departed from our midst because of this scourge.

 

I’ve got no doubt that you will agree with me, Minister, given how without any hesitation, you have agreed with our suggestion at the portfolio committee three weeks ago, that as part of the student housing programme roll-out in Tvet colleges, we must appropriately honour Precious Ramabulana, a 21- year-old Capricorn Tvet college student, who was brutally raped and killed at a rented house in Mokomene village outside of Polokwane.

 

 

We would like to take this opportunity to thank you, Minister, for having taken the initiative this year before the commencement of the 2020 academic programme, to engage and brief various stakeholders about the state of readiness of our universities and Tvet colleges. We are satisfied with the engagements we had with you and the leaders of political parties on Thursday 23 February in Pretoria.

 

 

Indeed, it demonstrates that when called upon to provide leadership, the ANC and its deployees will always rise to the occasion. Following the engagement with you, the committee undertook an oversight visit to Tshwane and Vaal Universities of Technology during the first week of February where we interacted with various stakeholders.

 

We were satisfied with how smooth the registration processes were going at these two institutions, particularly the use of online registration system which greatly assisted to alleviate the long queues. The availability of National Student Financial Aid Scheme, NSFAS, offices, at both of these institutions, where students could enquire about their funding, was another factor that helped to speed up the registration processes.

 

 

In our engagement with the department and yourself earlier during that oversight week, we noted that registration was going well at most of the institutions. As at 4 February 2020, only three of the 26 universities which are, the University of KwaZulu-Natal, Fort Hare and Mafikeng campus who were experiencing serious challenges. We are of the concern about these few universities which continue to experience instability and destruction in their academic programmes.

 

 

This morning we had to engage the management and the student leadership from the University of KwaZulu-Natal, Western Cape and Fort Hare universities. We are satisfied about these engagements and we think that the way forward that we have developed is going to be implemented. We call upon all the sectors not to abandon engagements in the universities.

 

Similarly, we call upon the student leadership to engage in peaceful protests and not to damage public property as that delegitimises their genuine demands. Vandalism and burning of public property in the pursuit of illegitimate demands have no place in our society and it must be condemned in the strongest possible terms. These assets do not only belong to the current generation only, but to future generations as well.

 

 

The decision by NSFAS to open applications early and to communicate their funding decision well in advance before the commencement of the academic year, helped to bring certainty to both the students and the universities. The students knew before hand and before the start of the academic year whether they have been approved for funding or not. We are aware that despite this impressive record, hon Deputy Speaker, there are students whose funding decisions are still pending, either because of outstanding documents or for some other reasons.

 

 

One student who can’t be registered because of outstanding funding decision from NSFAS is one too many. Despite a clear directive that NSFAS eligible students must be allowed to register, after signing acknowledgement of debt without any payment of registration, some institutions continue to ignore this directive, hon Minister. We implore on you to take

 

serious actions against university managers who continue to defy this directive.

 

 

If they do hide behind institutional autonomy, please hand them over to us as the portfolio committee. Contrary to what some members said here before me, we all agree that Dr Randall Carolissen has done a fantastic job in turning around NSFAS and improving its efficiency. However, the current scheme of funding students is unsustainable and requires re-engineering and reimagination if we are to put a system that is effective, efficient, incorruptible and relies less on human intervention.

 

 

In this regard, we welcome the announcement of the ministerial task team to conduct this review. Hon Deputy Speaker, at the heart of the current discord at many of our universities is the question of historic debt. Currently, NSFAS-funded students are funded on two different policies, students who enrolled prior 2018 are funded on the old means threshold of family income.

 

 

They are not funded for the full course of study; hence they incur historic debt at the end of each month. However, government has committed to settle that debt through a special

 

allocation of over R1 billion for historic debt relief. The affected students are required to sign acknowledgement of debt and the NSFAS will be able to settle the outstanding fee.

 

 

Hon members, student accommodation in universities and Tvet colleges remain a thorny issue, as the demand far outstrips the supply. We welcome the announcement by the President, Mr Ramaphosa, during the state of the nation address that government will invest R64 billion over the next years in the construction of the student accommodation.

 

 

Despite all these efforts, we should however accept the reality that there is no university in the world that provides accommodation to 100% of its population. Safe and reliable public transport system for students who stay within a reasonable radius could be one of measures to accommodate ... [Interjections.]

 

 

Setswana:

 

MOTLATSASEBUI: Rre Mapulane, nako ya gago e fedile, rra.

 

 

Mr M P MAPULANE: Thank you, hon Deputy Speaker. [Applause.]

 

The MINISTER OF HIGHER EDUCATION, SCIENCE AND TECHNOLOGY: Hon

 

Deputy Speaker and hon members, let me thank all the participants in this debate. Let me start by thanking in particular the chairperson of the portfolio committee for always ensuring that they are engaged with the issues on an ongoing basis, and also keeping us on our toes. Let me also thank all the stakeholders who have come to assist and help us where there have been problems – whether they are Premiers in some provinces, or whether they are structures of political organisations. We really do believe that by working together, we can do more and do much better.

 

 

Hon Shaik Emam, you are absolutely spot-on: This thing of people lamenting and actually not coming up with solutions is a problem, especially when you are a public representative. We are not elected to lament; we are elected to come up with solutions. [Interjections.] [Applause.] That is why, hon Nodada, this thing of the DA, together with the EFF by the way, because it is the two sides of the same coin. [Interjections.]

 

 

It is this thing of coming here wanting to grand stand all the time. When you visited our department and when I was briefing political parties, I said: Give us the problems that are

 

there. We are the first ones to admit that there are challenges of capacity in the system. Give us the problems and we will be there. As you are naming the problems together with hon Pambo, I can also be telling you of an equal if not more number of cases which we have solve because people have come to say there is a problem here, and there is a problem there. [Applause.]

 

 

So, we are inviting you to do that rather than to grand stand. I understand in any case: That is what you are rewarded for it you are part of the opposition. [Applause.] I also want to say to hon Pambo: Really, this position of free education is a reactionary position. [Interjections.] Politically, it is because you cannot say that the child of hon Ndlozi, who is a Member of Parliament here, must be paid for by government and the children of the rich and the wealthy must also be paid for by the government. That is populism of the worst order! [Applause.]

 

 

As the ANC, we have the correct position: Support the children of the working class and the poor people, and not those who are actually wealthy. [Applause.] So, don’t come here and criticise us by judging us with a slogan that is a reactionary

 

slogan. And also, by the way, the one thing that we should challenge the EFF on is the ... [Interjections.]

 

 

Dr M Q NDLOZI: But, it is hon Zuma who said free education, isn’t it? Are you changing your policy?

 

 

The DEPUTY SPEAKER: Hon Ndlozi, you are out of order. Take your seat. Take your seat, hon member. Proceed, ntate!

 

 

The MINISTER OF HIGHER EDUCATION, SCIENCE AND TECHNOLOGY: Hon

 

Ndlozi, by the way, I was about to mention you. At the height of Fees Must Fall campaign, when the EFF was almost wanting to shut down and collapse the year in 2016, your leader, hon Malema, got a degree and your also got a PhD at the same time. As you - actually the EFF – were pushing for the collapse of the system ... [Interjections.]

 

 

Mr V PAMBO: It is the same protest workers! It is the same protest that delivered workers with insourcing. You must also mention that; there was no collapse! [Interjections.]

 

 

The DEPUTY SPEAKER: Hon member, take your seat. I am switching you off. [Interjections.] Hon members, I will not do this again. Do not stand up on an empty point of order. [Laughter.]

 

[Interjections.] You are intelligent enough to know what a point of order is. Go ahead, hon Minister!

 

 

Dr M Q NDLOZI: Deputy Speaker!

 

 

The MINISTER OF HIGHER EDUCATION, SCIENCE AND TECHNOLOGY: Hon

 

Deputy Speaker, I am not criticising ... [Interjections.]

 

 

Dr M Q NDLOZI: Deputy Speaker!

 

 

The DEPUTY SPEAKER: What are you rising on, hon member?

 

 

Dr M Q NDLOZI: On a point of order that is full.

 

 

The DEPUTY SPEAKER: What’s your point of order, hon member?

 

 

Dr M Q NDLOZI: I just wanted to ask hon Nzimande to produce his thesis since he is a doctor, so we can compare notes. [Interjections.]

 

 

The DEPUTY SPEAKER: Hon member, you see, that is classically empty and I am switching off your microphone. Go ahead, hon Minister!

 

The MINISTER OF HIGHER EDUCATION, SCIENCE AND TECHNOLOGY: You

 

must thank your external examiners that I wasn’t one of them. Possibly, you wouldn’t be a doctor by now! [Laughter.] I want to see your own PhD as well.

 

 

Dr M Q NDLOZI: Online! It’s online! Where is yours?

 

 

The MINISTER OF HIGHER EDUCATION, SCIENCE AND TECHNOLOGY: I

 

must say that I am not criticising the legitimate student struggles during Fees Must Fall. What I am criticising is that the EFF, at that time, wanted to collapse the academic year in 2016 as their leaders were quietly studying and acquiring their degrees. [Applause.] [Interjections.] In other words, collapse the poor students ... [Interjections.]

 

 

Mr V PAMBO: Point of order! Point of order, Deputy Speaker!

 

 

The DEPUTY SPEAKER: What’s your point of order?

 

 

Mr V PAMBO: Sit down, Minister, please!

 

 

The DEPUTY SPEAKER: No, no, no! [Interjections.]

 

 

Mr V PAMBO: While you are standing! [Interjections.]

 

The DEPUTY SPEAKER: No, listen here!

 

 

Mr V PAMBO: No, you can’t say, “Listen here!” You can’t speak to me like that!

 

 

The DEPUTY SPEAKER: Listen, hon member: Don’t argue. Don’t argue hon member! [Interjections.] You have no basis to argue! You don’t do that, please! Please! Presiding Officers make rulings here, not you.

 

 

Mr V PAMBO: Deputy Speaker, you can’t tell me like that! [Interjections.]

 

 

The DEPUTY SPEAKER: I am telling you; you are out of order! [Interjections.] And sit down; I am switching off your microphone. Take your seat, hon member. Take your seat!

 

 

The MINISTER OF HIGHER EDUCATION, SCIENCE AND TECHNOLOGY:

 

Deputy Speaker and hon members, some are asking rhetorically: Is there a free higher education in South Africa? Yes, there is! Go and ask the more than 700 000 NSFAS students who are not paying a cent and are actually studying and proceeding. [Applause.] Find something else to try and criticise us on; not on this one!

 

We want say also hon Ngwezi: Thank you very much for some of your comments. We are working in turn to sign a memorandum of understanding, MOU, with the Department of Public Works to identify all government buildings that can be converted to student accommodation. [Applause.] And, we have also done an audit of all former colleges of education for their buildings that are not being used. We know exactly where we start in terms of expansion.

 

 

So, we also agree with the need to expand online education. As already, many of our institutions have got what is called blended learning. They combine contact lectures with doing your home work online as well as continuing some of your work on the computer. Hon Boshoff, thank you very much for acknowledging the NSFAS turnaround. We really appreciate that at least FF-Plus does acknowledge where there is real progress.

 

 

We want to conclude by saying we are aware that we have to turn our system around. That wasn’t the debate today. To increase the number of college students much faster than university students so as to deal with much more comprehensive access to post-school education and training in our country.

Thank you very much. [Applause.]

 

Ministerial responses concluded.

 

 

CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON TRANSPORT ON AIR TRAFFIC AND NAVIGATION SERVICES COMPANY AMENDMENT BILL

 

 

There was no debate.

 

 

Mr B A Radebe moved: That the Report be adopted.

 

 

Motion agreed to.

 

 

Report accordingly adopted.

 

 

 

 

AIR TRAFFIC AND NAVIGATION SERVICES COMPANY AMENDMENT BILL

 

 

(Second Reading Debate)

 

 

The DEPUTY MINISTER OF TRANSPORT: Deputy Speaker, in the last year, South Africa was re-elected onto the Council of the International Civil Aviation Organisation, ICAO, in Canada.

Our contribution to the global civil aviation has been through various leadership roles played within ICAO and other international organizations. We continue to provide expert air

 

traffic control and management solutions for 10% of the world’s airspace, which enables seamless linkages of major air routes from east to west, from north to south.

 

 

Our aviation entities continue to fly our flag high and remain the best performing of all our entities. The international footprint of the Air Traffic Navigation Services, ATNS, and the growth of its business, alongside the evolving international regulatory framework, require of us to regularly review and strengthen the economic regulations and regulatory framework of our aviation sector.

 

 

Why are we amending the Act? We are amending this Act, so that the Air Traffic Navigation Services Company can be able to be aligned with the development that has taken place in South Africa and make sure that there is infusion of the Public Finance Management Act 1 of 1999, but also to include the Companies Act of 2008. We are amending this Bill so that we can have a strategic role entrusted upon the South African infrastructure and operations of our owned and managed by Air Traffic Navigation Services as a state-owned company. The Bill was also developed to address specific challenges experienced within the current economic regulations.

 

In positioning our entities to play a meaningful role in the stimulation of our economy, we must provide them with necessary support to become trailblazers and specialise in their respective areas. Not only is the ATNS position itself as an air traffic navigation authority, it has also contributed to be the bedrock of our own aviation sector. The ATNS is in a sound financial health and is able to sustain the operations throughout the revenue stream.

 

 

The demand for services internationally, has given rise to the need to ring fence the investment outside the Republic South Africa and effectively manage the risk, to make sure that the business not adversely affected. The development and growth of our aviation sector requires a sound robust institutional arrangement, which must equally be supported by decision- making. Whilst ATNS subject to the authority of regulatory committee, decisions of the regulating committee must be subjected to scrutiny, when any party is aggrieved by such decisions. The establishment of the Appeals Committee is an important step towards strengthening the institutional arrangements.

 

 

South Africa is one of the signatories to the Single African Air Transport Market and is playing an active role to ensure

 

the full realization of the pledges as signed by African States. South Africa has pledged resources and is constantly upgrading aviation related infrastructure to cope with the ever-growing industry. The continuous strengthening of our aviation sector, which includes empowering the Minister to provide effective economic regulation, is in keeping with what is expected of us, internationally. We continue working together with the progressive forces of world to advance civil aviation. Equally, we must continue to provide assistance to our fellow African countries in all areas of civil aviation within our capabilities. I thank you.

 

 

Mr M J ZWANE: Hon House Chairperson, both the President and Deputy President in absentia, the Minister of Transport in absentia and all other Ministers present here today, Deputy Ministers, chairpersons of different committees, the Chief Whip of the Majority Party and her Deputy Chief Whip and other Whips in the House, let me first start by sending our condolences to the families of the victims of the bus accident that took place in the Eastern Cape. May the Almighty be with them during these trying times. I am sure justice will be done in ensuring that investigations are done as to the cause of the accident and corrective measures are taken to avoid a similar occurrence.

 

The Air Traffic and Navigation Services Company Amendment Bill makes important changes to the principal Act of 1993. The rationale for the amendment Bill is based on the fact that the Air Traffic and Navigation Services Company offers a world- class service, and this service is required even outside the country, especially in Africa.

 

 

However, the principal Act of 1993 does not allow for the company to set up a subsidiary or to operate outside South Africa. This amendment Bill also seeks to improve the economic regulatory framework of the principal Act.

 

 

The principal Act was enshrined in law prior to the creation of the democratic South Africa and, therefore, it needed to be brought inline with legislation of the post apartheid South Africa. Therefore, the necessity of introducing amendments to the principal Act is to ensure that its policy objectives and legislative prescripts are aligned to the democratic values of our Constitution.

 

 

The amendments to the Bill are to ensure that the legislation is in consonance with the Companies Act and the Public Finance Management Act. It also, more clearly, defines how economic regulation within this sector is to be conducted. The

 

amendment Bill is also geared towards ensuring that the legislation is also in accordance with the Competitions Act.

 

 

The amendment Bill enshrines the process for regulatory decisions and policy, and this creates certainty for stakeholders through providing the procedure of meetings and decisions. It gives legal status to the document of the regulatory committee which provides both the Airports Company and the Air Transport Navigation Services with regulatory guidelines to be followed for licensing and permission applications.

 

 

The principal Act does not allow the Minister to make any input on economic regulation. The amendment Bill defines the role of the executive through the office of the Minister who will be empowered in terms of this amendment Bill. The Minister will be allowed to gazette economic regulations in consultation with the regulatory committee.

 

 

This legislation makes market balance possible through regulation, either through the ministerial gazette or through the regulatory committee. It prevents market dominance and unfair business practice in the sector.

 

Competition in the sector allows for private sector investment in the sector to compete with state-owned enterprises, SOEs, as well as to ensure economic growth. This is part of the policy of the ANC-led government to ensure economic growth and build an inclusive economy.

 

 

This amendment Bill is geared towards growing the sector. It provides for the creation of a subsidiary for the Air Traffic And Navigation Company for it to be able to perform its functions inside and outside South Africa.

 

 

The Air Traffic and Navigation Systems Company Amendment Bill allows the Air Traffic Navigation Services greater flexibility for income generation from other activities outside of its core competence, provided that it does not place the company at financial risk from performing its core functions.

 

 

The Air Traffic and Navigation Services Company Amendment Bill enshrines the process for regulatory decisions and policy.

This creates policy certainty for stakeholders and investors. It gives legal status to the approached document of the regulatory committee which provides the Airport Company and Air Traffic Navigation Services with regulatory guidelines to be followed for licensing and applications.

 

The amendment Bill seeks to have tariff continuity in a situation where there is a delay in approval. It sets out the framework for such tariffs and also when tariffs should be applied for.

 

 

This ensures that the processes are enshrined and do not allow for ad hoc arrangements. This also creates a regulatory certainty in terms of operations. Policy certainty is fundamental to encourage investment and economic growth and is a fundamental part of the strategic objectives of the ANC.

 

 

Process and procedures for functioning of the regulatory committee and the appointment of this committee and disqualifications of members will be legally established through the passing of this amendment Bill.

 

 

The amendment Bill addresses the lack of an appeal mechanism for stakeholders by introducing an appeal mechanism within a legal framework and process. This was neither part of nor addressed in the principal Act. This is an important contribution to the strengthening and developing the regulatory framework.

 

The appeal mechanism is where any concerned party may appeal against any decision of the regulating committee. The amendment Bill sets out the appeal process and procedures for an appeal. These ensure that due legal processes are enshrined and that stakeholders have the ability to make their case over and above the regulating committee. The process of lodging an appeal is also dealt with in the amendment Bill thereby creating regulatory certainty for stakeholders.

 

 

The ANC supports the Air Traffic and Navigation Services Company Amendment Bill as it is in keeping with the development agenda of the ANC-led government, and it strengthens the functioning of the SOEs and operation in the sector and reinforces transparency in economic regulation of the sector. Thank you.

 

 

Mr I S SEITLHOLO: Thank you very much, hon House Chairperson. Thank you very much, Chairperson of the committee, nicely read memorandum, indeed. The Democratic Alliance supports the Air Traffic and Navigation Services Company Amendment Bill.

However, it would be remiss of us not to highlight a few concerns that the Bill and more specifically the entity should be mindful of. The Bill seeks to establish an Air Traffic and Navigation Services, ATNS, subsidiary that will provide

 

services outside of the Republic. We believe as the Democratic Alliance that this is, indeed, a step in the right direction and thus we commend the department in this regard.

 

 

It is, however, our view that we must share our expertise, knowledge and wisdom with other African counterparts. However, bearing in mind that this specific entity spends 62% of its budget on salaries, we hope that the said subsidiary will be driven by revenue generation in order to subsidise the 62% budget that is spent on salaries by the entity.

 

 

Hon House Chair, the DA is mindful of the challenges faced by entities as well as their subsidiaries within the Department of Transport, i.e., Passenger Rail Agency of South Africa, Prasa, and its subsidiary such as Autopax, more specifically the challenges that relate to finances. It is for this reason that the DA will be monitoring the establishment of the said subsidiary as well as what its mandate will be.

 

 

The Airports Company South Africa, as well as its business relationship with Brazil, has been running at a loss since its inception and this should be a lesson to the ATNS not to venture into business deals outside of the country that will

 

result in a loss to the entity instead of the much-needed revenue generation.

 

 

Furthermore, we encourage the department and its entities to revisit the closed down flight school, that is the African College of Aviation, which closed down in the year 2018, leaving South African youth without aviation opportunities. We request that the department should further provide a report in respect of what transpired to the funds that were meant to subsidise students in this college. If we are to do business with our African counterparts, hon Chair, it is imperative that our credibility is also upheld. We can no longer afford to have great plans that are ill-constructed. Thank you very much. [Applause.]

 

 

Mr M M CHABANGU: House Chairperson, the Air Traffic and Navigation Services Company is one example of what a state- owned company ought to be, a smoothly operated company, controlling navigation and air traffic with impeccable skills, but also, expansionist in orientation, to the extent that it controls navigation in about 10% of the world’s airspace. This proves that it is not the idea of state-owned companies that is wrong, but rather, it is the use of state-owned companies for nefarious reasons that we should all be fighting against.

 

State-owned companies that are geared towards efficiency, and for a developmental impact, are the necessary requisites for a developing society such as ours.

 

 

While the Air Traffic and Navigations Services Company Amendment Bill may be initially look like a mere Bill, seeking to strengthen administrative functions such as addressing the lack of effective appeal mechanisms without recourse to the legal system, giving legal status to the approach document, and address the lack of clarity regarding the reasons for regulatory decisions, especially from the committee, we do feel that the Bill has potential to change the way in which air traffic navigation has been done, and unlock vast economic opportunities. The other stated purpose of the Bill is to give legislative powers to the Air Traffic and Navigations Services Company to establish subsidiaries and operate even outside the borders of the country.

 

 

As already stated, the ATNS is already providing a range of air traffic management services to airspace users operating across the South African flight information region, and that this flight information region already constitutes more than 10% of the world’s airspace. We are in support of the development of a subsidiary that would be responsible for the

 

acquisition, establishment, development, provision, maintenance, management, control or operation of air navigation infrastructures, and air traffic services or air navigation services outside of the Republic of South Africa.

 

 

This is more crucial for the development of a continental capacity to provide navigation and air traffic control to enable our own, continental ability to manage and develop our air space. Our ability as the continent to trade freely, amongst each other, must include our capacity to manage both our air and marine transport traffic and navigation services. We are, however, uneasy with the granting to the Minister of yet to be defined powers to make regulations regarding any matter related to economic regulation and procedures. These powers are too broad, and may open up company to undue interference by the Minister.

 

 

The ATNS has a potential also to play a much broader research and development, and economic transformation if given enough strategic direction and there is a political will. Thank you. [Applause.]

 

 

Mr K P SITHOLE: Hon House Chairperson, alignment with the Companies Act of 2008, and the strengthening of current

 

economic regulatory frameworks of the Air Traffic and Navigation Services Company Act, its management, governance and in response to numerous issues by the industry are the main objects behind this Amendment Bill. Dispute resolution mechanisms are now included in the framework which provided greater certainty as regards procedure for appeals, forms to be used and transparency as regards membership and accountability of the appeals committee. The Minister is granted further regulatory powers by notice in the Gazette after consultation with the committee and the aviation industry.

 

 

Chairperson, through this Bill legal status will be additionally conferred upon the approach document which is used the regulating committee in the provision of guidelines which are used by ATNS and Airports Company South Africa, Acsa, in submitting permission applications. Good corporate governance is essential if we are to restore sound financial management at entities such as Acsa, and this Bill does address many of the shortcomings that were undermining stability and operational procedures at this entity over the past years. These entities must not only contribute positively to the fiscus but additionally meet the goals of transformation in the industry. Safety and security for

 

passengers and in respect of the carriage of goods into and outside of our country must remain paramount. Infrastructure development must be on time and within budget.

 

 

In conclusion, hon Chairperson, we are in full support of a competent, safe and secure airports company and its capability to evolve over time through Amendment Bill of such nature in order to meet and overcome the challenges faced by the industry as it navigated 21 century air transportation. The IFP do supports the Bill.

 

 

Afrikaans:

 

Mnr P MEY: Agb Voorsitter, namens die VF Plus en myself as Oos-Kapenaar, wil ek net namens die VF Plus met die persone wie 24 mense in die busongeluk in die Oos-Kaap verloor het, simpatiseer. Mag God hulle in hierdie moeilike tye vertroos. Baie dankie.

 

 

English:

 

Hon Chair, the ANTS was established in 1993, as a state-owned company.

 

 

Afrikaans:

 

Die ATNS [lugverkeer en navigasie dienste] verrig nie net ekonomiese en sosiale funksies nie. Die groot taak gaan oor die veiligheid en die belangrikheid van lug verkeer. Die mikpunt van die ATNS is baie hoog gestel – geen ongelukke nie.

 

 

Nou, ek wil vir u sê dat ons vandag eerlik kan sê dat om te vlieg veilig is. Ek sluit nie net die ATNS daarby in nie maar ook elke vlieënier in die lugpersoneel. Ons het die afgelope tyd gesien hoe dat daar deur die SA Lugdiens, SAL, gestaak is. Dit was ’n groot krisis. Vlugte is gekanselleer ... vertraag, maar binne ’n paar dae was alles weer 100%. Ek dink dat die ATNS ook ’n groot rol gespeel het om dinge weer te normaliseer.

 

 

Soos die vorige sprekers gesê het, ons opereer klaar in Afrika-lande en daarom sê die VF Plus dat ons stem daarmee saam dat daar uitgebrei moet word, solank dit net nie afbreek aan die huidige stelsel in Suid-Afrika doen nie.

 

 

Een van die grootste probleme in staatsentiteite is die aanstelling van hoofuitvoerende beamptes en hoof finansiële beamptes. Ek dink daar moet baie klem daarop gelê word.

Hierdie storie is so baie keer in hierdie Parlement vertel maar ek dink dat regstellende aksie speel ’n groot rol waarom

 

mense nie betyds aangestel word nie. Die VF Plus ondersteun

 

...

 

 

English:

 

The Freedom Front Plus supports the proposed Bill as it seeks to correct and address shortcomings in the existing legislation. Thank you.

 

 

Mr S N SWART: Thank you, House Chair. House Chair, the ACDP would also like to extend our deepest condolences to the families of the passengers who died in the tragic bus accident yesterday. We pray that they would be comforted at this time and those that were injured would speedily recover.

 

 

House Chair ...

 

 

Afrikaans:

 

... om te vlieg is veilig, maar dit was nie altyd so nie.

 

 

English:

 

The deadliest accident in aviation history took place in 1977 on the Spanish island of Tenerife with 583 fatalities when two Boeing jumbo jets collided. The cause was due to congestion at the airport with packed airplanes blocking the only taxiway.

 

There were patches of thick fog drifting across the airfield which caused great reduced visibility for pilots and the air traffic controller directing air traffic.

 

 

The collision occurred when the KLM airliner initiated its takeoff run whilst a Pan American airliner shrouded in fog — was still on the runway. The impact and resulting fire killed everyone on board the KLM aircraft and most of the occupants of the Pan Am aircraft, with only 61 survivors in the front section of the aircraft.

 

 

This subsequent investigation finds that the primary cause was the captain’s decision of the KLM aircraft to take off in the mistaken belief he had clearance from the air traffic controller.

 

 

So clearly, air traffic controllers play a very significant role. They are responsible for the safety and efficient flying of air traffic. They communicate with pilot and carefully keep track of where each aircraft is in the sky using radar technology.

 

 

The Air Traffic and Navigation Services Company Amendment Bill seek to amend the principal Act to strengthen the economic

 

regulatory framework for this critical part of the aviation industry.

 

 

Previous speakers have indicated - it refers to aligning the Companies Act with this primary Act and the Public Finance Management Act, PFMA. It addresses the lack of an effective appeal mechanisms and it looks at the legal status of the approach document. It addresses the lack of clarity about decision making and reasons being given and it empowers a subsidiary company to be set up outside the country and of course, it also empowers the Minister to make regulations relating to economic regulations.

 

 

As are the speakers indicated, this Bill was extensile considered in the previous Parliament said Nombembe were added to it, but it was not funded and debated. That’s why we sit here today. Hence today’s debate, the ACDP is much pleased to announce that it will support this Bill. We thank you for the work that was done by the previous Parliament and this portfolio committee. Thank you so much.

 

 

Tshivenda:

 

Vho M M RAMADWA: Muhulisei Mudzulatshidulo, vhahulisei, mira?o ya Phalamennde, vhadzulapo vha Afrika Tshipembe, ndi masiari.

 

[U Dzhenelela.] Ndi a livhuwa muhulisei Mudzulatshidulo tshifhinga tshe vha n?ea tshone.

 

 

Ri?e sa dzangano ?a ANC, ri khou tikedza hoyu Mulayotibe wa Air Traffic and Navigation Services nahone ri khou ri N?du kha i ?anganedze hoyu mulayo.

 

 

Mulayotibe wo fhira kha maitele o?he ane a fanela u itiwa musi u tshi fanela u fhiriselwa kha Muphuresidennde. Mulayotibe hoyu wo thoma u khwiniswa kha dzulo ?a Vhu?anu nga ?wedzi wa Fulwana 2019. Komiti yo fhiraho ya u ?anganedza. Ri?e kha dzulo ?a Phalamennde ?a Vhurathi ri khou isa phan?a. Muhasho wa Vhuendi wo ?ekedza vhugudisi kha vhashumisi vha zwavhufhufhi. Vhukwamani na vhathu vho?he ho itiwa.

 

 

Khamphani ya Air Traffic and Navigation Services, ATNS, ndi tshiimiswa tshine tsha khou shuma zwavhu?i fhedzi ri wana uri vho ramafhungo na manwe madzangano a polotiki a vha vhigi nga zwavhu?i zwine zwa khou itiwa nga ATNS, vha amba fhedzi zwiimiswa zwine zwa vha na dzikhaedu. Zwno ri?e ri vhona zwo fanela uri ...

 

 

English:

 

 ... this Bill to be amended in keeping with the ethos of the democratic Constitution and its accompanying legislation in post-apartheid era.

 

 

The Air Traffic and Navigation Services Company core competency is the provision of air traffic management communications surveillance operation controller or maintenance of air navigation infrastructure and air traffic service.

 

 

Tshivenda:

 

Ndivho ya Mulayotibe ndi u khwinisa malangele na mashumele na uri hu vhe na vhulangi havhu?i. Mafungo ndi uri khamphani ya ATNS a i koni u ita vhubindudzi nn?a ha Afrika Tshipembe nahone hu uri ...

 

 

English:

 

 ... the company is able to track air traffic movement throughout the African continent and most part of the Southern Hemisphere. This has opened up market opportunities for the company outside the country. This will allow for the economic development and transformation of the sector.

 

The Minister has been empowered in terms of appointments and skills required to serve on the regulatory committee as well as disqualification of members of the regulatory committee.

 

 

The process for regulation is a new part of the legislation. For the first time, there is an appeal process on the decision of the regulatory committee. This allows decision to be reviewed within the framework of due legal process.

 

 

The procedure and processes of the appeals is outlined in the Amendment Act, which ensures policy certainty.

 

 

Tshivenda:

 

Komiti ya Vhuendi ya Phalamennde yo vha na dzulo nga Luhuhi 2020 ra dzhia tsheyo ya uri ri ?anganedze kana Nn?u i ?anganedze hoyu Mulayotibe. Ri?e sa dzangano ?a ANC ri khou tikedza hoyu mulayo ngauri ri khou vhona zwo fanela uri hu vhe na mvelaphan?a kha khamphani heyi ya Air traffic Navigation Services.

 

 

Tshivenda:

 

Nga haneo maipfi ri?e ri khou ri Nn?u kha i ?anganedze hoyu Mulayotibe. Aa! Ndo livhuwa. [U fhululedza.]

 

Mr M P GALO: Thank you very much, hon Chair. Let me start by congratulating the Deputy President of the Republic of South Africa, hon D D Mabuza, for receiving the impact leadership award for 2019. Congratulations, Deputy President. It is because of the work he has done in South Sudan where he successfully brokering peace in that country.

 

 

The Airports Company Amendment Bill and the Air Traffic and Navigation Services Company Act 45 of 1993, have similar provisions, objects and regulatory structures. In this regard therefore, that the Air Traffic and Navigation Services Company Amendment Bill together with the Airports Company Amendment Bill contains similar amendments. The appeal process envisaged in the Airports Company Amendment Bill also finds its way in the Air Traffic and Navigation Services Company Amendment Bill. An aggrieved person against the decision of the regulating committee to unjustifiably limit the amount that may be levied by way of on air traffic service charge, for example, may lodge the appeal with the Appeals Committee.

 

 

The extra jurisdictional functions extended to the subsidiary of the Air Traffic and Navigations Services Company to perform the company’s functions abroad is a notable amendment. We have also noted the alignment of the principal Act to the existing

 

regulatory competition framework, especially the provisions relating to prohibited practice as defined in the Competition Act. We support the latter and the spirit of these amendments. We therefore, as AIC, support this Bill. I thank you.

 

 

Mr L E McDONALD: Hon House Chair, hon Minister of Transport, the other Ministers in the House, Deputy Minister of Transport , hon Members of Parliament, members of the Portfolio Committee on Transport led by the hon Mosebenzi Zwane, officials of the Department of Transport, chairpersons and chief executive officers, CEOs, of the transport entities that came today, invited guests, ladies and gentlemen and comrades, the ANC government’s social transformation agenda has been very clear over the years that we are in fact in the processes of building a new society. We are not rebuilding as this almost gives the impression that there was a time in our history where universal equality, respect for human rights and dignity existed for all. Colonial oppression, discrimination and violence including violence associated with systemic social and economic exclusion is what we have inherited. We need to build a new society that is peaceful, equal and just as envisioned in our National Development Plan, the United Nations, UN’s, Agenda 2030 and Africa’s Agenda 2063.

 

Let me start, as we amendment this Bill it important that we repeal the references to old colonial and the draconian references in this Act. The economic benefits of air transport, it promotes the important quality of life and helps to improve living standards. By facilitating tourism, air transport also helps to generate economic growth, alleviate poverty by providing employment opportunities, increasing revenues from taxes and fostering the conservation of protected areas. The transport sector particularly aviation, is a critical component of the economy impacting on development and the welfare of the entire population both as an enabler of the economic wellbeing and its beneficiary. When transport systems are efficient, they provide economic and social opportunities and benefit that impact throughout the economy. When transport systems are deficient or inefficient, they impact economies in terms of the cost of reduced or missed opportunities as well as adverse environmental impacts.

 

Flexible optimisation of the airspace is required to ensure that safety and operational efficiencies are achieved. The ambiguity of this current legislation does not cover the mandate of the company to conduct business outside of the Republic of South Africa. This includes the establishment of a subsidiary to mitigate risks in a form of ring-fencing.

 

Aviation, in particular, has a critical role to play in providing the kind of infrastructure that a competitive modern economy needs. South Africa, as the continent’s most advanced aviation market, has the opportunity and obligation to help build this vital piece of Africa’s infrastructure. The amendments would allow increased visibility and real-time air traffic surveillance, specifically across parts of Africa that has a serious lack of aviation safety. These steps would reduce cost to airlines and also mitigate carbon emissions. In turn the Johannesburg and Cape Town Flight Information Region will have improved the safety and efficiency of air travel which will benefit both South Africa and Africa all the way up to Egypt.

 

 

Currently the Air Traffic and Navigation Services, ATNS, company controls 10% of the world airspace as far as Antarctica and extends west to the Island of St Helena and Madagascar. To the east it equates to more than 25 million square kilometres and with these amendments it would allow the Air Traffic and Navigation Services to establish entities outside South Africa. It will be able to expand its control to most part of African airspace. Air traffic into and around Africa created 6,7 million            direct and indirect jobs. Air transport supports 6,7 million jobs and $67,8 billion in GDP in Africa.

 

Amendments to this Bill will empower the Minister to make regulations by notice in government after consultation with the committee and the aviation industry. The benefits of aviation in Africa are far reaching, there are 762,000 flights per year into Africa of which they service 371 commercial airports, 256 airlines fly regularly into South Africa, 1 302 airplanes in the skies at any given time in service over Africa. Worldwide, Africa represents 12% of the total jobs and 3% of the GDP generated by the air transport industry. The ANC supports the amendments to this Bill. I thank you.

 

 

The DEPUTY MINISTER OF TRANSPORT: Thank you very much, House Chair. I want to thank the members of the portfolio committee for speedily executing this Bill. Here, we are talking about transformation and we are saying that it is very important that the Minister deals with the regulations as speedily as possible. We are also looking into the appeals mechanism so that things can be done according to book. These for us are the key pillars of what we should be able to look at in this Bill.

 

 

House Chair, it is very important that we should look at transformation in a very broad perspective. When we talk about the affirmative action, we must remember that one of the

 

challenges that we had was transformation of the aviation space and transformation of the aviation company. Therefore, there is no way we can ignore transformation in whichever way. We are not only looking at transformation, but we are saying that we need to make sure that these companies work in the interest of South Africans. I also want to say that by supporting the established subsidiaries it is a very important aspect of this Bill. As we develop these regulations, saying that the Minister must be at the centre, it is precisely because we want to make sure that the centre holds. Lastly, let me indicate that Air Traffic and Navigation Services, ATNS, have funding of a new institution that will be established as an academy of aviation. Therefore, when you speak of the past you can talk of the past but we are moving forward into the future. That is what the civil Air Traffic and Navigation Services will be doing – moving into the future in developing an academic institution for aviation. Thank you very much.

 

 

Debate concluded.

 

 

Bill read a second time.

 

 

CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON TRANSPORT - AIRPORTS COMPANY AMENDMENT BILL

 

There was no debate.

 

 

The Deputy Chief Whip of the Majority Party moved: That the Report be adopted.

 

 

Motion agreed to (Economic Freedom Fighters abstaining).

 

 

Report accordingly adopted.

 

 

AIRPORTS COMPANY AMENDMENT BILL

 

 

 

(Second Reading debate)

 

 

The DEPUTY MINISTER OF TRANSPORT: Work hard for my money. [Interjections.] House Chair, indeed, the continued evolution of our economic landscape requires us to continually strengthen our aviation sector and enable it to continue playing a strategic role as an enabler of economic activities. The legislation before this House is aimed at giving impetus to our efforts to continually find alignment with international norms and standards and continue to punch above our weight in the aviation sector.

 

Airports Company South Africa, ACSA, has been consistently one of the best performing entities and it continues to build from strength to strength. One of the most important targets ACSA achieved relates to generating income independently of the traditional passenger and cargo traffic which in itself is a reflection that ACSA is busy diversifying.

 

 

Strengthening the regulatory framework is the integral part of strengthening the role of ACSA in the market. We have identified the gaps in the regulatory framework which requires decisive intervention to manage the risk and to eliminate unintended consequences.

 

 

The Bill recognises the strategic role entrusted upon the South Africa’s key airport infrastructure and operation owned and managed by ACSA to support economic development and to serve as a catalyst for increased trade, tourism and job creation.

 

 

The Bill seeks to strengthen the current economic regulatory framework to ensure transparency in the economic regulation processes for the benefit of ACSA and all airport users. In order to enhance transparency and fairness in the regulatory

 

processes, it is important that the lack of effective appeals mechanisms in the current dispensation be addressed.

 

 

Equally, in elevating the role of the regulating committee, predictability of the process and procedures to be followed in appointing members cannot be overemphasized. This also extends legal instruments used by the committee in the permission application process. In a nutshell, the Bill seeks to give meaning to effective economic regulation by empowering the Minister to make regulations on the matter.

 

 

ACSA continues to provide support to non ACSA airports around the country which will enable the country to establish a seamless integrated aviation footprint. This is the kind of collaboration we require from our entities in order to maximise impact on the economy. Effective economic regulation will enable the country to realise maximum value from efforts of this nature.

 

 

The adoption of this Bill will go a long way in making sure that we strengthen our economic regulation models for the aviation sector but will also lend a critical support to the role of the entities in the economy. I thank you, House Chair.

 

Mr M J ZWANE: House Chairperson, Deputy Minister and all Ministers who are still present in the House [ Laughter.] chairpersons of different committees, Deputy Chief Whip and all other whips. The Airports Company in South Africa is an integral part of the country’s logistics infrastructure and makes a very important contribution to the South African economy. Both the President and the Minister of Finance in the state of the nation and budget addresses respectively announced further development plans around airports.

 

 

The occasion today seeks to contribute positively and in a coherent manner to two above-mentioned plans. Airports Company of SA, ACSA, is one of those state-owned entities who have successfully operated a mandate that we can be proud of today and who’s performance has been consistently aligned to its strategic plan. Its annual financial performance clearly indicates that it is meeting its performance targets in the financial year 2018-19, the Airports Company generated R7,6 billion for the economy and supports more than 30 000 jobs in the sector.

 

 

Over the past year the airports have moved 21 passengers, which actually an increase from the previous year. ACSA provides an excellent service, providing South Africa with a

 

means to interface with the world through the movement of goods, people and services. The Airports Company is one of the SOEs that have an international footprint. It adheres to the strategic objectives of the ANC-led government on transformation as it aligns its revenue and profitability with socio-economic development, as is the case with OR Tambo, Cape Town International and King Shaka Airport, as well as skilling of its workforce. The Airports Company correctly describes this as a triple bottom line, as part of its sustainability framework.

 

 

It should be understood that for the ANC, there is no contradiction between being a centre of excellence and ensuring that transformation occurs at the same time. South Africa’ success lies in the building and growth of an inclusive economy and this can only occur through transformation. The Bill before the House was considered by the Portfolio Committee on Transport in the Fifth Parliament, the Bill was amended and reported to the National Assembly, and unfortunately the Bill was not passed as the term of office of the National Assembly ended. The Bill was revived and referred to the portfolio committee in the Sixth Parliament by the resolution of the National Assembly on 29 October 2019.

 

The principal aim of the Airports Company Amendment Bill of 2018 is to address the shortcomings of the current legislation, as the principal Airports Company Act of 1993 does not address important areas of regulation and economic growth in this sector. The Airports Company Amendment Bill aims to improve the economic regulation of the airport sector and to ensure competition in the sector. The composition of the Regulatory Committee and its functioning were not clearly defined in the Principal’s Act. There were no mechanisms for appeal on decisions of the Regulatory Committee; neither did the Minister have power to disqualify members of the Regulatory Committee.

 

 

It is imperative that the legislation and the regulations governing the Airports Company is improved and brought in line with other legislations, such as the Companies Act and also the Public Finance Management Act, PFMA. The Airports Company Amendment Bill of 2018 before the House seeks to ensure that the Airports Company and its competitors are able to function efficiently from a regulatory point of view. The provisions in the Amendment Bill seek to ensure competitive practice and that any restrictive practice does no occur in this sector.

More over the Amendment Bill seeks to regulate the government

 

and business functions from revenue, expenditure, assets and liability point of view, within the armpit of legislation.

 

 

The Principal Act, the Airports Company Act provide for establishment of Regulatory Committee but does not clearly define its role, function and procedure. The Airports Company Amendment Bill of 2018 further seeks to define the nature of the Regulatory Committee and its proper governance over the sector. It provides the Minister with the powers and guidelines for the Constitution of the committee. It also identifies the parameters of the appointment of the appropriate members of the committee enshrines in law the qualifications that are required of members to serve on this structure.

 

 

The Airports Company Amendment Bill provides the Minister with the legal framework to disqualify service on the committee as well as the disclosure of interest, where there may be a conflict of interest. The Amendment Bill allows for due legal process in terms of disqualification of members. The 2018-19 Regulatory Committee cuts the cost that passengers are charged for the usage of airport facilities. The decision of the Regulatory Committee was based on an increasing growth in passenger numbers through reducing the cost. This point to the

 

importance of the role of the Regulatory Committee, which this Amendment Bill has detailed in terms of its composition, role and it is placed on firmer footing.

 

 

More over in small markets where there is market dominance, economic regulations necessary to ensure the cheapest possible cost to the end user and safeguard competitive market practices, which also safeguards private sector investment in the sector. More over the Airports Company Amendment Bill of 2018, for the first time establishes an appeals committee to ensure that due processes can legally be followed to its logical conclusion.

 

 

This part of the regulatory regime was not in the original Act and seeks to positively strengthen the Act. In addition the Amendment Bill outlines the procedures to be followed by the Regulatory Committee in relation to non-compliance by ACSA. The Airports Company Amendment Bill of 2018 reinforces the democratic norms of the Constitution and legislations of the country. It also creates greater transparency, the regulation Airports Company and the sector in South Africa. The committee deliberated on the Bill on 11 February 2020 and recommends that the National Assembly passes this Bill. Thank you.

 

IsiNdebele:

 

Nom T B MABHENA: Ngiyathokoza Sihlalo. Ngilotjhise umdosiphambili wehlangano ekulu ephikisako, umhlonitjhwa u- John Steynhuisen ongekho, ngilotjhise abalingani bami, bomNyango wezokuThutha ngokwehlangano ye-DA, ngilotjhise nesitjhaba soke nobukhosi.

 

 

English:

 

Hon Chairperson, the DA supports this Bill. The Airports Company Amendment Bill seeks to amend the Airports Company Act which is the principal Act to strengthen the current economic regulatory framework. We support this move, however all economic regulatory framework legislation especially transport does find expression in the Single Transport Economic Regulation Bill. Our wish would have been to expedite the process of the Single Transport Economic Regulation Bill, wrap it up and finalise that piece of legislation first.

 

 

Hon Chairperson, with that said the intention and the need to align the Airports Company Act with the Companies Act is thus a positive development. This will ensure that there is synchronisation with the Companies Act. It will eliminate any potential contradiction in future between the two pieces of

 

legislation as the Companies Act remains the bedrock of regulation of companies doing business in this country.

 

 

Over the years the Competition Commission has been an integral part in regulating the business environment. It has thus played a key role in restricting greedy practices that puts profits before ethics. This will further deter unscrupulous practices that restrict the promotion of competition, but will seek to promote competition and this alignment is welcomed.

 

 

The publishing of any airport charges by notice in the Government Gazette at least four months prior to the coming into operation of such a charge will give stakeholders enough time to make the necessary adjustments and prepare for the eventuality, but also the fact that their business operations are not affected in the interim.

 

 

The Minister of Transport during a briefing of the Portfolio Committee on Transport once made a remark that Airports Company SA, Acsa, was one of the best performing entities of the department. He said that it was a shining star, the same remark which is being repeated now by the Deputy Minister of Transport. Well, it emerges that that star is actually very rusty and is rotten to the core.

 

Hon Chairperson, tender fraud and corruption is entrenched and rife and is thriving at Acsa. The George Fivaz Forensic and Risk report commissioned by Acsa, dated 29 August 2019, found that the contract for the management of luggage trolleys at O R Tambo International Airport had been awarded to a company fraudulently. The company submitted a bid just below

R9 million, but Acsa fraudulently signed the service contract with a different company to the tune of R18 million for an inflated figure which is 100% more than the original bid amount.

 

 

The DA calls on law-enforcement agencies to deal decisively with these allegations, expedite them and bring all matters to finality. All these criminals are brought to book.

 

 

This former shining star is fast becoming very rusty and is rotten to the core, not even a little care by brasso can fix it. We are also growing very sceptical of that other so-called Mr Fix it, if he can fix this mess. I thank you. [Applause.]

 

 

Ms N J NOLUTSHUNGU: Hon House Chair, Airports Company SA, Acsa, is one of the greatest example of evidence to dispute the obvious lie that state-ownership is equal to failure, degeneration and corruption. The reason there is failure in

 

companies and state-owned companies is because there is no political will not because state-ownership in itself does not work.

 

 

House Chairperson, the Airports Company SA is one of the well- run state-owned companies, managing about nine out of well-run airports. Behind this projection of a well-run company lies the reality that it is under Acsa that we now have a family of rich white individuals with their own terminal at O R Tambo International Airport. [Applause.]

 

 

There is yet to be any intelligible reason why the Oppenheimers have been granted a licence to operate their own private terminal at that airport. There has been no explanation from Acsa as to the risks this poses for our national and economic security.

 

 

For these reasons the amendments proposed in the Airports Company Amendment Bill are a crucial intervention. We need to know how decisions regarding the allocation of licences are taken, and we need to hold those who take these decisions accountable.

 

We need the procedures followed for taking these decisions to be run openly and transparent. We need to be sure that those appointed to these committees together with the appeals committee, are appointed in a transparent manner.

 

 

We are in full support of the amendments relating to the appointment of people to Acsa committees.

 

 

What the Bill falls short however, is tightening up its ownership, to ensure that it remains a truly South African company. As it is, the company is over 70% state-owned, with an Italian company as a minority shareholder.

 

 

We have seen over the past couple of years the sharpening of the appetite of white monopoly companies to take over critical state-owned companies and then turn these companies over into profit making horses for a selected few. The Airports Company SA is not immune from these machinations, and we would have preferred to legislatively cement the public ownership imperative for Acsa, in order to eliminate any current and future possibilities for annexation of this company by industrial mercenaries.

 

Lastly, we do want state-owned companies to account to those elected by the people. However, this accounting must not be in such a way that the operational independence of these companies is compromised.

 

 

The amendments relating to the role of the Minister to make regulations is as far as economic regulations are concerned may open up an opportunity for the Minister to reorient Acsa into being a cash cow for the predatory elite now in power.

 

 

The Airports Company SA has the potential to play a much broader localisation of the economy. It should not only be white-owned companies that get retail spaces. Black businesses must also be allowed to sell their products at the airport and Acsa must give advertising space to black-owned media companies.

 

 

The Airports Company SA must also insource workers. The 70% of all goods and services used to maintain airports must be sourced locally. The Airports Company SA must reopen the P R Mphephu Airport in Venda. I thank you. [Applause.]

 

 

Mr K P SITHOLE: Hon Chairperson, through this Bill we seek to not only tighten the current economic regulatory framework as

 

regard to our airports company but also to strengthen other provisions of the principal Act that require revision.

Chairperson, this Amendment Bill must be welcomed as it addresses the vital issues which are not only occurring in terms of the entities that operate in terms of legislation but also within the broader domestic legislative framework namely; it seeks to strengthen the process around the appointment of members of the committee which is vital for us to have people in positions who are fit for purpose, and not cadre deployment or seeding grounds for corruption.

 

 

The process must also be strengthened and clearly defined as regards to appeal mechanisms and the Minister may now enact certain regulations that relates economic regulation that were not previously provided for in the principal Act. Importantly, checks and balances are also contained whereby the Minister must consult with the committee and the aviation industry prior to the enactment of any economic regulation. Dispute resolution was additionally not dealt with or defined in the principal Act and the Amendment Bill has now established provisions to deal with the decision of the committee and appeal to decisions therein.

 

As regard to Appeal Committee members, transparency is now also a prerequisite where members are required to disclose all interests. The prescribed forms will also be introduced in terms of the new regulatory framework which will additionally create uniformity in terms of the complaints process.

Sufficient public consultation has been held and the IFP remains fully in support of this Amendment Bill.

 

 

IsiZulu:

 

Sicabanga ukuthi-ke Sihlalo nanokuba kade kukhona lesi sifo esikhona esizayo ukuthi uzokwazi ukubhekelela ukuthi abantu uma bengena abangeni naso. Ngiyathokoza kakhulu.

 

 

Afrikaans:

 

Mnr P MEY: Huisvoorsitter, die Airports Company South Africa, ACSA, was gestig om die nege lugwawens in Suid-Afrika te besit en te beheer. Die O R Tambo Internasionale Lughawe in Johannesburg, King Shaka Internasionale Lughawe in Durban en Kaapstad Internasionale Lughawe het natuurlik toe ook bygekom.

 

 

ACSA opereer ook in Mumbai Internasionale Lughawe en in Sao Paulo in Brasilië. Dit speel ’n belangrike rol in die onderhoud, beheer en bestuur van alle lughawens. Kaapstad en

 

Johannesburg-uitbreidings, volgens wat ons verneem, sal binnekort begin, en dit is baie positief.

 

 

As gevolg van die moeilike ekonomiese toestande in Suid-Afrika probeer ACSA deurentyd om die verkeer deur lughawens te vermeerder. Ek het vanoggend net gehoor dat die lugvaart, as gevolg van die Corona-virus, baie swaar gaan kry en dat die verkeer hierdie jaar met tot 4,7% kan verminder.

 

 

Dan wil ek net sê dat korrupsie uitgeroei moet word. Ons weet dat daar ook korrupsie by ACSA is.

 

 

Ek wil net na die Adjunkminister verwys, wat oor die transformasieproses in Suid-Afrika, en spesifiek by ACSA gepraat het, voordat ek afsluit. Ek dink, na 26 jaar, is hulle regtig swart genoeg. Adjunkminister, al wat u besig is om te doen met regstellende aksie en swart ekonomiese bemagtiging, en met die deurentydse uitstluiting van minderhede – wit, bruin en Indiërs – is om ons vuurtjie sterker en sterker te laat brand.

 

 

Ek wil afsluit en vir u sê dat ek twee weke gelede weer op ’n plattelandse dorp was ... U kan maar skree. Op die plattelandse dorp stel die inwoners nie belang in regstellende

 

aksie en swart ekonomiese bemagtiging nie; hulle soek werk en kos. Dit is wat hulle soek. Wie is die grootste verskaffers van werk in hierdie land?

 

 

Ek wil afsluit deur te sê dat die VF Plus die wet ondersteun. Baie dankie.

 

 

Mr S N SWART: Thank you, House Chair. The ACDP will support this Amendment Bill. The Airports Company of South Africa operates nine of South Africa’s airports. However, it has not been without controversy mainly due to concerns about security with reports of baggage either getting lost or being tempered with. The most notorious case in this regards was in March 2006, when gunmen stole bags containing several million US dollars at Oliver Tambo International Airport in Johannesburg.

 

 

There, Airports Company of South Africa, ACSA, employees and six other individuals were eventually arrested for this offence. More recently, senior ACSA executives have been implicated in a fraudulent tender that was allegedly inflated by almost R10 million after the bid was awarded and the contract signed with a different company that never even submitted a bid. Sadly, it appears that an ACSA employee, Mr Absalom Njoni, working at O R Tambo International Airport, was

 

murdered in May last year midst allegations linking his death to corruption at ACSA. This is a subject of an ongoing investigation and the ACDP really requested that this is finalised as soon as possible.

 

 

In addition, it seems that ACSA was not immune to state capture. Evidence before the Zondo Commission of Inquiry into state capture has implicated executives at ACSA who allegedly received bribes in return for contracts or support to win contracts from Bosasa. This evidence is also being investigated. It is also this therefore makes the need for these amendments very important; the need to align this Act with the company’s Act and the Public Finance Management Act. The ACDP trust that this will address corruption and improve governance. At present there is no dispute resolution mechanism in place and there is also no clear procedure on how the decisions of the committee on aviation should be dealt with. These are aspects which are dealt with in this Amendment Bill.

 

 

In addition any person aggrieved by the decisions of the company would not be empowered to lodge complaints against the company with this committee. It also prescribes the procedure as in the previous Amendment Bill that the Minister must

 

follow when appointing members of the committee and the Appeal Committee as well as providing for an effective appeal mechanism. Lastly, it empowers the Minister to make regulations regarding any matter relating to economic regulation and procedures to be followed by the regulating committee on noncompliance by the company. It is quite a mouthful but this is all good amendments that the previous Parliament addressed and considered and we are now, as the ACDP in this House, recommend that we support this Bill. I thank you.

 

 

Mr L N MANGCU: House Chair, hon members, members of the executive, fellow South Africans ...

 

 

IsiXhosa:

 

... siqala le ngxoxo phantsi kwelifu elimnyama emva kokushiywa kwethu yimiphefumlo eqikelelwa kuma-25 kwisithwakumbe sengozi yebhasi emanyukunyezi, kumaxethuka phakathi koCentane neGcuwa. Sivile ngooqalazive uba balele ngandletyana nye ezibhedlele.

Kubo sithi wanga uThixo esimthandazayo angolula isandla sakhe sempiliso kulo mizimba kuba kaloku idalwe nguye. Ndithabatha eli thuba ukuvalakalisa amazwi ovelwano nentuthuzelo kwezo ntsapho ziphantsi kwelifu elimyama, sithi lalani ngenxeba, akuhlanga lungehliyo.

 

English:

 

It is a great honour and privilege to take part in this Airports Company Amendment Bill on behalf of the ANC. South African airports and South Africa play a very important role in the region as a transit point for many landlocked countries and overseas travel for trade and tourism. Our airports infrastructure must be such that South Africa is at the forefront to smoothly facilitate such movement of people and goods through our world-class airports.

 

 

The Bill before this House seeks to amend the Airports Company Act 44 of 1993 and align it with the different Acts as already alluded to by the chairperson of the portfolio committee. The Bill also seeks, amongst others, to clarify several ambiguities in the current legislation as the Deputy Minister has also alluded to. The government recognises the need to provide and maintain integrated, well managed, viable and sustainable airport infrastructure to meet national and regional goals. Infrastructure should enhance the competitiveness of the civil aviation industry and its service quality by ensuring the provision of safe, effective and efficient services and meeting the accessibility, reliability and mobility of users.

 

An emblematic aspect of our democratic experience is the exponential growth in the global prestige and stature of our society. Over this period our country has taken its rightful place as one of the vanguards and leading nations with respect to the true meaning of democracy. Our country has emerged as one the significant role-players in the life of the African Union, Brazil, Russia, India, China and South Africa, Brics, and other multilateral institutions.

 

 

Airports Company South Africa, Acsa, is and continues to make us proud in the nations of the world because of its undeniable and unassailable position as leader in airports infrastructure. This Bill is intended to reinforce that position of Acsa and assist in the execution and prosecution of its mandate. The ANC supports the Airports Company Amendment Bill. “Camagu” [Thank you.]. [Interjections.]

 

 

Mr L E MCDONALD: Hon House Chairperson, Ministers who are still in the House, Deputy Ministers, Members of Parliament, Transport portfolio committee led by the hon Mosebenzi Zwane, guests, ladies and gentlemen, comrades, the aviation industry is the least transformed industry in South Africa, yet the Airport Companies of South Africa is one of the best state-

 

owned enterprises with achievements in Africa, Brazil and India, to name a few.

 

 

I have had a lot of comments from many of the political parties, and everyone is in agreement that this entity needs to transform, but there is no single word of transformation from the DA – not a single mention of transformation. [Interjections.]

 

 

Government plays a critical role as a shareholder and executive authority. The ANC government should be concerned with the agenda of state-owned enterprises, their mandate and functionality. As the ANC we are going to make sure this industry is transformed, especially in apron side services that are solely occupied by white monopoly capital companies

... [Laughter.] ... that just send its profits out of our country.

 

 

As we amendment this Bill it is important that we repeal all old colonial and draconian references of the old Companies Act. These amendments will empower the Minister to quickly change tariffs after consulting the board and publish them in the Government Gazette. The Airports Company of South Africa

 

will in the next few years invest more than R10 billion in capital expenditure in South African airports.

 

 

By facilitating tourism, air transport also helps generate economic growth and alleviate poverty – providing employment opportunities, increasing revenues from taxes and fostering the conservation of protected areas. The transport sector – particularly aviation - is a critical component of the economy. The Airports Company of South Africa in the next few years is in the process to build extensions to the O R Tambo International Airport - Johannesburg International Airport, and a new terminal and a new runway in Cape Town, which would nearly double the capacity of airlines to arrive in Cape Town International Airport.

 

 

Airports Company of South Africa is definitely a world-class company when it comes to the management and development of airports worldwide. [Interjections.] Airports Company of South Africa is currently handling more than 6 million international passengers and more than 12 million local passengers. The amendments will allow for funding and declaring dividends from foreign entities, like the equity partners in airports in Brazil and India. This would increase revenue and would greatly assist the fiscal positively.

 

There’s no doubt that the African growth story remains resilient in the face both of global and continental challenges. However, in order to capitalise on our growth potential, we have to ensure that we have reasonably affordable transport solutions in place to promote regional, continental and intercontinental trade. The ANC supports the amendment to this Bill. I thank you.

 

 

Setswana:

 

MOTLATSATONA YA DIPALANGWA: Modulasetilo, e re pele ke konosetsa ngangisano ya gompieno ke tlhalose gore re le Lefapha la Dipalangwa re utlwile botlhoko ke batho ba ba tlhokafetseng mo kotsing ya bese kwa Kapa Botlhaba. Ke batla go le itsise gore go tlhokafetse batho ba le 25: basadi ba le 15, banna ba le robongwe le ngwana wa dingwaga di le tharo mo kotsing eo ya bese maabane.

 

 

Ka jalo, gompieno fa re ngangisana re tshwanetse re tshedise batho ba Kapa Botlhaba mme re boe re le itsise gore palo ya batho ba ba tlhokafetseng mo kotsing eo ya bese e setse e tlhatlhogetse go 29. Re rata go ka tshedisa batho porofense ya Kapa Botlhaba ba ba siilweng ke ditsala le maloko a malapa. Re ntse re buisana le maphodisa mme ba re kotsi e diragetse ka gonne mokgwetsi wa bese o latlhegetswe ke taolo ya bese.

 

Ke batla go garela ka go tshedisa Maaforika Borwa a a setseng ba tlhokafalletswe ke bamalapa le ditsala mo mebileng ya rona. Fela re na le Tshepo ya gore re tlile go siamisa se se diragalang mo mebileng ya rona.

 

 

English:

 

Lastly, I just want to say thank you to the members of the portfolio committee for the work that they have done to make sure that these Bills which came from the Fifth Parliament are processed and passed as speedily as possible. I thank you.

 

 

Debate concluded.

 

 

Bill read a second time (Economic Freedom Fighters abstaining).

 

 

BORDER MANAGEMENT AUTHORITY BILL

 

 

(Consideration of Bill and of Report thereon)

 

 

Adv B T BONGO: Hon Chair, Ministers and Deputy Ministers, members of the House, the Portfolio Committee on Home Affairs takes pleasure in giving the report. We are bringing the report to the House for approval. It is a report on the Border

 

Management Authority Bill. Over the few years, government has put in place various measures to strengthen the control of borders in the country.

 

 

This intervention culminated in us having to come up with a Bill which we call Border Management Authority Bill. This Bill was introduced into Parliament on 5 March 2016. Various stakeholders were consulted around this Bill as we all know that the technique of decision making is in consultation. The Bill was finalised by the National Assembly in June 2017 and was referred to the NCOP for approval. The NCOP has passed this Bill and effected some changes.

 

 

The objectives of the Bill are in accordance with the international law, the Constitution of the country and other domestic laws. It is meant to co-ordinate and to co-operate all border management authorities in this country and to integrate all the laws that are surrounding the border management.

 

 

Currently, we have about seven departments that are operating in our borders. They are managing about 58 pieces of legislation, thus making it difficult to deal with the issues of the porous borders. So, we have come up with this Bill to

 

synchronise all the legislations that are dealing with border management in this country. We have taken the Bill to the NCOP.

 

 

The NCOP or the principal Bill had envisaged that the customs functions will be dealt with by the border management authority itself, but after consultation, the NCOP found that we need to leave the issue of customs to Sars and it be an exclusive jurisdiction of Sars to collect the revenue. This Borger Management Authority Bill is in line with the National Development Plan that all our people must be and feel safe in the country.

 

 

We, as the committee had agreed on this Bill and we are requesting the House to approve this Bill, to take it back to the executive for further implementation. Thank you very much. [Applause.]

 

 

There was no debate.

 

 

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Hon members, as there is no list of speakers, I recognise the Chief Whip of the Majority Party.

 

Mr B A RADEBE (On behalf of the Chief Whip of the Majority Party): I move that Bill, as amended, be passed.

 

 

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Are there any objections?

 

 

Dr M Q NDLOZI: House Chair, we want to make a declaration. So, we thought that you would have asked that question. We want to make a declaration. We request an opportunity to make a declaration before the Chief Whips put the question. Thanks.

 

 

The HOUSE CHAIRPERSON (Mr M L D Ntombela): A request has been made for declarations. In terms of Rule 108, I will now allow one member of each political party wishing to make a declaration an opportunity to do so within the time allocation as determined by the Rules Committee, namely: The ANC, seven minutes; the DA, five minutes; the EFF, five minutes; and other parties, three minutes. DA, you are allowed!

 

 

Dr M Q NDLOZI: House Chair, I thought you were going to start with the official opposition because we have raised this question. [Interjections.] This is the official opposition.

 

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Hon Ndlozi, if wishes were horse, beggars would ride! [Laughter.] Hon member, you can continue.

 

 

Declarations of vote:

 

Mr A C ROOS: House Chair, I would just like to categorically state that the DA does not agree to this Bill. We did not agree to this Bill in the committee. The people of South Africa expect government to protect our porous borders. Home Affairs has admitted that they have been incapable of getting the stakeholders around the table to co-ordinate their border management functions.

 

 

So, the Border Management Authority Bill is their proposed answer. It was announced during the state of the nation address in 2009 by Jacob Zuma and it provides carte blanche to hire and fire the commissioner based on a loss of confidence and determine their salary. We have seen how the unchecked influence of a President, mixed with securitisation and control of revenue resources can be abused in the wrong hands.

 

 

It is our responsibility as Parliament to insist on checks and balances to prevent this. Treasury has managed to remove customs functions from the Bill, but the strong objection from

 

the SA Police Service and unchecked control over the commissioner by the President remains.

 

 

Home Affairs claim an exclusive mandate to protect the border. Thus, clashes with the constitutional mandate of the police: To protect our borders. The uncertainty around the security functions is the last thing we need at our borders, competing security forces with duplicate mandates.

 

 

The SA National Defence Force, SANDF, was spared, but nevertheless, sat with just 15 units patrolling our borders. The strengthening of border posts without strengthening of border patrol makes walking through the fence an even more attractive prospect than it is right now. As police budgets are cut and SA National Defence Force faces a longstanding issue of underfunding, we are asked today to approve a Bill that will add R6,5 billion per annum to our border management costs and take 15 years to implement.

 

 

While we wait to see how on earth a public sector wage bill will be reduced, the Border Management Authority Bill will set about adding over 9 000 additional officials to the public sector wage bill. So, if you had to line up these officials

 

along the borderline, there will be one new official for every

 

500 metres. [Interjections.]

 

 

If SANDF continues to patrol the border lines, where will all these border officials go? Even if you were to line up the

9 000 along the borderline, the border airspace is also out of bounce of the Border Management Authority Bill. So, would-be smugglers and traffickers can fly over the border and land at one of the many private airstrips close by to our borders. [Interjections.]

 

 

Then, there is the sea border. Border management officials will have the right to stop and search any vessel without a warrant, yet Home Affairs is currently unsure whether they will run up float till they are parallel to the navy and how this function will be implemented. The fact is Home Affairs is asking for a part of money and will then respond, depending on how much they get. We need decisive measure and we need them now.

 

 

The DA-led government would establish a lead agency, purely to facilitate cooperation and co-ordination and joint operations between stakeholders. Border security would remain with the departments constitutionally mandated to do so. The

 

socioeconomic impact assessment of the Bill presented such an alternative to Cabinet which would make much more sense, given our current fiscal constraints. We don’t have 15 years to wait.

 

 

We need to adequately fund SANDF border patrols now. The DA will gradually increase the number of companies along the border from the current 15 to a minimum of 20, and train units tasked with the repairing and maintaining of our border fences to combat stock theft and poaching. Instead, the Border Management Authority Bill will create a structure of millionaire managers, duplication and confusion, and leave gaps in our border while militarising the border experience for tourists and legitimate traders.

 

 

Money that should be spent on urgent interventions will go to uniforms, change management programmes and duplicate HR structures. We need to make it easy for those who want to bring invest into our country and as difficult as possible for those seeking to enter illegally. This Bill does exactly the opposite. It is irresponsible to endorse a Bill that isn’t well-thought-through and not adequately funded, while public sector employees are being laid off. If there is any spare

 

funding, it needs to go to urgent priorities that can stand the tide of illegal immigration now. [Applause.]

 

 

Ms L F TITO: Chairperson, the Border Management Authority Bill has been before Parliament since May 2016 and we warned you then that do not create institutions because of the ruling party’s internal factional battles. The Bill was debated in June 2017. Even then, we warned you that you are going to destabilise the work of Sars because the main reason the Border Management Authority was being created at the time was to take away the custom functions from Sars and bring it under the Home Affairs department.

 

 

Home Affairs does not have the capacity or the resources to build the authority they want from the Bill. After that failed, we are now left with endless amendments and changes that don’t add any value or a will to improve the South African border management. Yet, the most unfortunate aspects of the Bill is that it is a missed opportunity to have a much needed conversation about the concept of the borders in South Africa and in the rest of the continent. [Applause.]

 

 

Our people are already living in borderless societies. They are crossing the borders for work, relationships and sometimes

 

marrying each other. Instead of some imaginative work that is needed to build and strengthen securitisations of borders, we need to be bold and courageous to move towards a borderless region and ultimately a borderless continent. [Applause.]

 

 

We cannot continue to be defined by the colonial-imposed borders and create institutions to enforce these borders when we are supposed to be moving towards decolonisation of our continent. Thank you. [Applause.]

 

 

Declarations of votes:

 

Mr M HLENGWA: House Chairperson, I read this declaration on behalf of my colleague, the hon Liezl van der Merwe. South Africa is a country that has dire economic social and political struggles, corruption has stolen billions of rands that were meant to provide services to our citizens. To make matters worse, because of the consistent and persistent failures of the Department of Home Affairs, our financial burdens have been exacerbated due to our ongoing struggles with illegal immigration.

 

 

The Department of Home Affairs has failures to control and implement their constitutional mandate regarding immigration has rendered South Africa a country which for all intense and

 

purposes has no borders. Illegal immigrants are able to enter through our porous borders by foot or by simple bribing an official, then there are the countless foreign nationals who abuse South Africa’s refugee system by entering South Africa claiming to be seeking asylum where in fact they are economic migrants.

 

 

Effective, efficient and watertight border law enforcement at our various ports of entry and along our borders is mandatory as per the prescripts of the Constitution. Yet, since the dawn of our democracy we are seen to be persistently flouting our country‘s immigration laws and a lack of political will to put this right.

 

 

The poorest state of border management in South Africa has been at the heart of our tragic outbreaks of xenophobic violence, as many South Africans feel that they are unfairly being sidelined in favour of those who are here illegally and can therefore work for a less than the minimum wage. Unplanned increases in financial and social burdens, poor tracking of illegal substances, stolen cars and other goods including endangered animal species are, but a few of the severe consequences of South Africa being a borderless state.

 

Today, we are expected to approve the Border Management Authority Bill, BMA, as much as this is a step in the right direction, this Bill will not wholeheartedly solve the current undocumented migrants crisis we face. It will only further violations of immigrations laws if the entity is able to live up to its mandate.

 

 

The establishment of the BMA will require collaborative efforts of various departmental entities such as the SA Police, SA Defence Force, National Treasury, agriculture, customs and excise to name but a few.

 

 

While we support the proposed collaborative efforts of the various departmental entities, it is a fact that government departments currently struggle to work together but rather operate in silos which could render the operations of this new authority useless.

 

 

Lastly, the IFP remains concern that the Minister of Home Affairs currently has no plan to deal with the high levels of undocumented migrants. With these reservations, the IFP will support the Report before us but with the condition that we see far greater political will and far greater urgency to

 

address South Africa’s immigration crisis and corruption at the department. I thank you.

 

 

Mr F J MULDER: House Chair, the FF Plus appreciates the BMA Bill as a mechanism to protect South Africa’s vulnerable borders as far as the illegal crossing of people, illicit goods, human trafficking, particularly women and children and stolen vehicles could be counted.

 

 

However, the FF Plus is concerned about the fact that the border management authority is not the core business of the Department of Home Affairs but rather that of the SA Police Service and South African Revenue Service, Sars. However, it is up to Minister Motsoaledi and his administration to implement the BMA Bill and to find a way not to legislate away Sars customs revenue collection role and the SA Police Service border policing mandate. But, to integrate a co-ordinating border control across numerous government departments.

 

 

Hon Chair, one of the biggest challenges ahead of us is to finance the housing of the border functions under one entity in such a way that it is more trustworthy than when the department could not be trusted to issue unabridged birth certificates on time.

 

Minister Motsoaledi, the South African economy is in a technical recession as we speak, timing might be against effective implementation of the BMA Bill. Thank you, Chair.

 

 

Mr W M THRING: Hon Chair, in the view of the ACDP it is an open secret that South African borders are as porous as the sea sand along our cost land. The BMA Bill should have been promulgated years ago in order to address the deficiencies all have known to exist. truth be told, this government has failed the people of South Africa over and over again.

 

 

Our porous borders, I repeat! Our porous borders are not properly managed or policed ... [Interjections.]

 

 

AN HON MEMBER: So what!

 

 

Mr W M THRING: ... have allowed criminal syndicates to operate with impunity, that is what! The lack of urgency has facilitated illicit trade of drug smuggling, car hijacking and human trafficking to mention a few.        God alone knows the agony, the pain, many parents have to endure because their son, their daughter has been trafficked through our borders and not found. How many of our sons and daughters have been caught in the vicious drug trap because of a lack of policing

 

along our borders. How many of our young people roam the streets unemployed because of cheap illicit goods that are smuggled across our borders. How many of the harmful and infectious diseases impearsed [17:32] in aliens, flora and fauna species have been allowed to enter our country because of our porous borders?

 

 

Hon Chairperson, this Bill was first introduced to the NA on

 

24 May 2016, lapsed on 07 May 2019, only to be revived on 17 October 2019, and now finds its way before us at the NA almost five years later. The ACDP certainly has its reservations about this Bill. However, the lives of our children are at stake and to a great extent their safety is a foundation of the implementation of this Bill. The growth and viability of our economy is at stake. We cannot allow cheap illicit goods across our borders to further decimate our already weakened economy with the consequence of increasing our unemployment rate.

 

 

The social and the moral fabric of our economy is at stake and as an untold number of drugs finds its way onto the streets of our communities, destroying homes and the lives of so many of our young people. This Bill recognises the need for integrated

 

and co-ordinated border management and it does not matter whether you have a PhD or not but this is the truth.

 

 

In supporting this process, the ACDP says, let the SA National Defence Force and the other implementing agents do their job and keep South Africa and her citizens safe. Thank you.

 

 

Mr M S CHABANE: Hon Chairperson, hon members, as the ANC we collectively agreed with the amendment made by the NCOP including hon Ross who was here presenting on behalf of the DA. It is not correct that the entire function of the BMA Bill is going to take over the functions of the police and other state organs.

 

 

The BMA Bill provides protocols on how functions are going to be related in terms of the functions that are going to be implemented with various organs of state. It is not entirely correct hon Ross that you came here ... And also the allocations of budget are going to be collapsed into one entity of BMA to assist in the implementation of our resolution.

 

 

In the ANC there are no battles in terms of how the BMA has been run – I think the narrative that has been presented by

 

the EFF is incorrect and it suggest to be grandstanding to mislead our society. We are not going to accept those that grandstand and mislead our society and speak outside the Constitution and the policy of government. We are the ruling party and we have got a mandate to give policy direction to this country.

 

 

On behalf of the ANC, we rise in support of the Report of the Border Management Authority Bill, 2016 ... [Interjections.]

 

 

Mr M L D NTOMBELA: Order, hon members, do not drown the speaker.

 

 

Mr M S CHABANE: ... the preamble of the Freedom Charter of 1955, boldly states that and I quote:

 

 

There shall be peace and friendship and South Africa shall be a fully independent state which respects the rights and sovereignty of all nations.

 

 

Sixty five years since the adoption of the Freedom Charter, the ANC remains committed to these ideals. The 54th National Conference of the ANC reaffirms the essence of the Outcome 3 of National Development Plans, NDP, Vision 2030, which entails

 

that, “All people in South Africa are and feel safe.” And that South African borders are effectively safeguarded, secured and well managed.

 

 

We have accepted the security assessment which identified four categories of threats facing South Africa which are the threats to the territory integrity of the republic, the authority of the state, the safety and well-being of South Africans and the threats to the country’s economy development.

 

 

We therefore, place at the centre of the BMA Bill which must be implemented in order address the question of irregular migration and border management. This Bill’s objective is to empower the authority to achieve an integrated border law enforcement area at ports of entry at all border lines. This will enhance and strengthens our capacity as a country to address border threats that could undermine the country’s security, social and economic developments.

 

 

Chairperson, on this occasion we borrow from the words of Nkwame Nkrumah who said in 1961 and quote:

 

 

It is clear that we must find an African solution to our problems, and that this can only be found in African unity.

 

Divided we are weak; united, Africa could become one of the greatest forces for good in the world.

 

 

Nkrumah believed that the federation of African states will overcome colonial dependency by constituting a larger regional market in enhancing capacity for regional development.

 

 

At the AU Summit, which took place in July 2019, the operation phase of African continental free-trade was launched after it was ratified by a significant number of African states including South Africa making a critical milestone in the pan African journey.

 

 

The signing of the African agreement brings us a step closer to Nkrumah’s pan African dream. This is one of the goals under the African Union Agenda 2063, which is aimed achieving Africa we want and the Africa we need.

 

 

The AU committed itself as a progressive border agenda recognising the positive contribution of border governance in peace and security, integration, security sharing and facilitation, as well as inclusive growth and sustainable development borderlands. The AU border governance strategy is an instrument development to use borders as a way to promote

 

peace, security and stability to improve and accelerate integration through effective governance of borders while facilitating easy movement of persons, goods and services and capital amongst AU Member States.

 

 

The AU Agenda 2063, identify free movement of persons as a key ingredient for achieving other development aspiration which 17:39 envisages specific rights; the right of entry, the rights of establishment and the rights of residence.

 

 

The President of the ANC and the republic, Mr Ramaphosa has reiterated that everyone who comes to the country lawfully is welcome. This is in line with our international commitment and standards. Furthermore, the AU Border Governance Strategy makes it clear that states bear primary responsibility to protect their populations, their territories and ensure security of their borders.

 

 

Hon Ndlozi, you must not mobilize members of society or foreign nationals to act outside the law of the country. You must not mobilise them to undermine our laws and the Constitution. You must not come here and grandstand because this country is governed by law. We support this budget. [Time Expired.]

 

Dr M Q NDLOZI: Chair, should not you put the question? How is this Parliament being run? Please note our objection as well to the distortion of Nkrumah by the governing party - not the ruling party.

 

 

25 KILLED AND 61 INJURED IN HORROR EASTERN CAPE BUS CRASH

 

 

 

(Draft Resolution)

 

 

Mr L E MCDONALD: House Chairperson, I move without notice:

 

 

That the House-

 

 

(1) notes with sadness the passing of at least 21 people as a result of a bus accident in the Eastern Cape on Monday, 2 March 2020;

 

 

(2) further notes that 61 more people were injured when the bus, that was travelling between Mazeppa Bay and Cebe to Butterworth, overturned at around 08:00;

 

 

(3) believes that the driver reportedly lost control of the bus in the bushes down a steep area;

 

(4) understands that the Eastern Cape Provincial Government dispatched two helicopters and ambulances to the scene of the accident;

 

 

(5) further understands that President Cyril Ramaphosa has directed the Minister of Transport and the Eastern Cape Provincial Government to reach out to affected families and provide the necessary assistance as well as to establish what led to the accident; and

 

 

(6) conveys its heartfelt condolences to families of the deceased and wishes those injured a speedy recovery.

 

 

Agreed to.

 

 

Ms N G MASHABELA: EFF, the official opposition. House Chairperson, I move without notice...

 

 

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Hon member, could you please take your seat

 

 

Ms N G MASHABELA: ... for the House to note the passing of two grade learners at Lekgolo Primary School in ...

 

AN HON MEMBER: House Chairperson ... thank you

 

 

Ms N G MASHABELA: [Inaudible.] my mic now

 

 

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Hon member, could you please take your seat.

 

 

Ms N G MASHABELA: Why? Why?

 

 

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Hon member, I request you to take your seat!

 

 

Ms N G MASHABELA: But I need a reason first. Why?

 

 

The HOUSE CHAIRPERSON (Mr M L D Ntombela): You know what the reason is?

 

 

Ms N G MASHABELA: Yes, because you called the EFF

 

 

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Hon member, could you please take a seat and stop unnecessary disruption.

 

 

Ms N G MASHABELA: What?

 

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Please, stop the unnecessary disruption, hon member.

 

 

Ms N G MASHABELA: But you called EFF member. The EFF member is standing.

 

 

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Ao madoda [oh man], is it really necessary?

 

 

Sorry about that DA. Can we ...

 

 

PASSING OF THE FOUNDING MEMBER OF THE PROGRESSIVE PARTY, MR RAY SWART

 

 

(Draft Resolution)

 

 

Mr M S MALATSI: House Chairperson, I move without notice:

 

 

That the House-

 

 

(1) notes that Mr Ray Swart, a founding member of the Progressive Party, sadly passed away in Durban, aged 92, on 14 February 2020;

 

(2) recalls that Mr Swart served as a Member of Parliament for 16 years;

 

 

(3) recognises that after retiring from politics Mr Swart served as chairperson of the Development Tribunal in KwaZulu-Natal for many years, and later as the chairperson of the Board of the Caister Retirement Lodge until the time of his death;

 

 

(4) acknowledges that Mr Swart dedicated his life and career to creating a democratic South Africa with equal rights and social justice for all;

 

 

(5) further notes that Mr Swart was absolutely exhilarated by everything that had happened in post- apartheid South Africa and that he had been immensely proud of it;

 

 

(6) further acknowledges that Mr Swart is survived by his wife, Charmaine, his children, Christopher, Richard, Simon and Jeanette, 11 grandchildren and one great grandchild; and

 

(7)        conveys its heartfelt condolences to Mr Swart’s family and friends.

 

 

Agreed to.

 

 

PASSING OF TWO GRADE R LEARNERS AND A GRADE 8 LEARNER IN THE LIMPOPO PROVINCE

 

 

(Draft Resolution)

 

 

Ms N R MASHABELA: House Chairperson, I move without notice:

 

 

That the House-

 

 

(1) notes the passing on of two Grade R learners in Lekgolo Primary School in Mopani District, Fortunate Mohale and Rethabile Nakana, and one Grade 8 learner in Phala High School in Capricorn District, Limpopo Province;

 

 

(2) further notes that these learners passed on in the first quarter of 2020 under suspicious and mysterious circumstances;

 

(3) acknowledges that to this day the parents of these learners have not received an answer as to what happened to their children;

 

 

(4) further acknowledges that there is a major crisis of safety in our schools, not only in Limpopo Province, but throughout the country, and that as society we are failing our children;

 

 

(5) understands that one of the many solutions to the crisis of school safety is the employment of qualified security by the department and not through the system of tenders, employment of psychologists and social workers because teachers do not have the capacity to teach and be social workers at the same time; and

 

 

(6) sends its deepest condolences to the schools and the parents.

 

 

Agreed to.

 

 

PASSING OF THE ANTI-APARTHEID JOURNALIST AND WRITER, SHAUN JOHNSON

 

(Draft Resolution)

 

 

Ms N J KUBHEKA: House Chairperson, I move without notice:

 

 

That the House-

 

 

(1) notes with sadness the untimely passing of the anti- apartheid journalist and writer Shaun Johnson at the age of 60 on Monday, 24 February 2020;

 

 

(2) remembers that he was the founding Chief Executive of The Mandela Rhodes Foundation, dedicated to building leadership excellence in Africa;

 

 

(3) understands that in 1994 he published a book on South Africa’s transition, Strange Days Indeed, which included an introduction by Mandela;

 

 

(4) further remembers that in 2007 his first novel, The Native Commissioner, won the Commonwealth Writers’ Prize for Best Book in Africa, the M-Net Literary Award and the Nielsen Booksellers’ Choice Book of the Year; and

 

(5) conveys its heartfelt condolences to his wife Stefania, daughter Luna and his friends in the media industry.

 

 

Agreed to.

 

 

CROSS BORDER CRIMES THAT INCLUDE ILLEGAL SMUGGLING OF COUNTERFEIT PROUCTS AND CARS

 

 

(Draft Resolution)

 

 

Mr X NGWEZI: House Chairperson, I move without notice:

 

 

That the House-

 

 

(1) notes that cross-border crimes that include the illegal smuggling of counterfeit products and cars, remain a huge challenge at most border posts around the country’s border lines;

 

 

(2) further notes that residents of the Manguzi, Jozini and Mbazwane areas in northern KwaZulu-Natal have been calling for interventions on the issue because they

 

have identified that Gate 6 in KwaPhuza outside Manguzi as a crime den;

 

 

(3) acknowledges that crime is prevalent in these areas despite the presence of South African Police Service, SAPS, officials;

 

 

(4) further acknowledges the allegations that at the root of the continuing situation is that criminals collude with police officials OF BOTH South Africa and Mozambique in order to carry out these criminal activities;

 

 

(5) calls on the SAPS to conduct a thorough investigation of the allegations made by residents in these areas; and

 

 

(6) further calls for the complete overhaul of the entire police force in the area in order to put a stop to the alleged elusive connections that these criminals may have with law enforcement officers.

 

 

I so move.

 

Agreed to.

 

 

 

THE DEATH OF MR LANCE JAMES

 

 

 

(Draft Resolution)

 

 

Ms H DENNER: House Chairperson, I move without notice:

 

 

That the House-

 

 

(1) notes with sadness the passing away of Mr Lance James on Monday morning, 2 March, at the age of 81;

 

 

(2) recognises that he was well-known as a country music legend in South Africa and was honoured twice during his career for his lifetime contribution to both Afrikaans and South African music; and

 

 

(3) conveys its heartfelt condolences to his family and friends.

 

 

I so move.

 

 

Agreed to.

 

ADAM CATZAVELOS SENTENCING FOR HIS RACIST RANT

 

 

(Draft Resolution)

 

 

Ms N H MASEKO-JELE: House Chairperson, I move without notice:

 

 

That the House-

 

 

(1) notes that the disgraced South African man, Adam Catzavelos, appeared in court for sentencing on Friday,

28 February 2020, for his racist rant in a video he took of himself while on holiday in Greece;

 

 

(2) further notes that Catzavelos was convicted of crimen injuria in December 2019, after he pleaded guilty and admitted using the k-word in the video which went viral and caused much outrage amongst South Africans;

 

 

(3) understands that the South African Human Rights Commission, SAHRC, took him to the Equality Court, where Catzavelos reached a settlement agreement with the commission to pay R150 000 over a period of 30 months, perform community service and also apologise;

 

(4) believes that racism has no place in our country, where many of our people are still shackled by the injustices of this crime against humanity, emotionally, physically and economically;

 

 

(5) hopes that Catzavelos ... [Interjections.] [Time expired.]

 

 

I so move.

 

 

Agreed to.

 

 

BLITZBOKKE WINNING THE LOS ANGELES LEG OF THE WORLD RUGBY SEVENS SERIES

 

 

(Draft Resolution)

 

 

Mr S N SWART: House Chairperson, I move without notice:

 

 

That the House-

 

 

(1) congratulates the Blitzbokke for winning the Los Angeles leg of the World Rugby Sevens Series in the

 

early hours of yesterday, Monday 2 March 2020, South African time;

 

 

(2) acknowledges that the Blitzbokke beat the USA 12 – 10 in the quarter-finals, and then shut-down arch-rivals New Zealand 17 – 0 in the semi-finals, to face Fiji in the final;

 

 

(3) further acknowledges that, in what has been described as one of the most pulsating finals in recent history, the Blitzbokke stunned Fiji to come back from being down 19 – 0 to win 29 – 24; this after replacement prop Sello Makata scored the winning try in extra time; and

 

 

(4) notes that this win secured the South Africans a fifth title on American soil, and places South Africa only four points behind New Zealand on the overall World series log.

 

 

I so move.

 

 

Agreed to.

 

HORRIFIC ACCIDENT OF THE THREE PILOTS BETWEEN MOSSEL BAY AND OUDTSHOORN

 

 

(Draft Resolution)

 

 

Mr T B MABHENA: House Chairperson, I move without notice:

 

 

That the House-

 

 

(1) notes that three pilots tragically lost their lives in a horrific accident when their plane crashed near a mountain pass between Mossel Bay and Oudtshoorn on

23 January 2020;

 

 

(2) recalls that Captain Thabiso Tolo, Flight Inspector Gugu Mnguni and First Officer Tebogo Lekalakala were all members of the SA Civil Aviation Authority with many flight hours clocked between them;

 

 

(3) acknowledges that the Civil Aviation Authority’s, CAA, Flight Inspection Unit had declared the aircraft the pilots were flying with unfit for service at least on two occasions in 2018, however, some road

 

unit at CAA declared the aircraft fit for service; and

 

 

(4) conveys its heartfelt condolences to the families and friends of Captain Tolo, Flight Inspector Mnguni and First Officer Lekalakala.

 

 

I so move.

 

 

Agreed to.

 

 

THE PRESIDENT AND THE COMMANDER IN CHIEF OF THE EFF, MR JULIUS MALEMA’S BIRTHDAY

 

 

(Draft Resolution)

 

 

Ms N R MASHABELA: House Chairperson, I move without notice:

 

 

That the House-

 

 

(1) notes that today, the President and Commander in Chief, CIC, of the economic emancipation movement, the EFF, in South Africa and all over the world, turns 39 years old; [Applause.]

 

(2) further notes that, since a young age, the CIC has dedicated his life, time and resources to fight for the economic freedom of poor people, equality and restoration of their dignity;

 

 

(3) acknowledges that he has touched the lives of many people, and that many people’s lives are better because of his decisive leadership;

 

 

(4) further acknowledges that he continues to inspire a nation of people who have been subject to the inhumanities of racism to fight for the restoration of their dignity as people;

 

 

(5) recognises that he is a caring father to his children and a loving husband to his wife;

 

 

(6) wishes him a long and prosperous life to lead the continent towards economic emancipation in our lifetime; and

 

 

(7) further wishes the President and Commander in Chief of the EFF, Mr Julius Sello Malema a happy birthday. Victory is certain.

 

I so move. [Applause.]

 

 

The HOUSE CHAIRPERSON (Mr M L D NTOMBELA): Thank you, hon

 

member. If there are no objections I put the motion.

 

 

UNIDENTIFIED MEMBER: Hon Chair, the ANC objects that move or that motion.

 

 

The HOUSE CHAIRPERSON (Mr M L D NTOMBELA): There are

 

objections. The motion will be converted to a notice of motion.

 

 

Mr B A RADEBE: Chairperson, the ANC does not object to that motion. We accept it.

 

 

The HOUSE CHAIRPERSON (Mr M L D NTOMBELA): There’s a word that I was waiting for.

 

 

Mr B A RADEBE: The ANC is withdrawing the part which is saying that ... [Interjections.]

 

 

The HOUSE CHAIRPERSON (Mr M L D NTOMBELA): Thank you very

 

much. So, there is no objection.

 

The CHIEF WHIP OF THE OPPOSITION: House Chairperson? House Chair?

 

 

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Hon Chief Whip.

 

 

The CHIEF WHIP OF THE OPPOSITION: House Chair, I just want to point out that in respect to you, this is the one time I will stand and call for a division because I think the ANC has been embarrassed enough. [Laughter.] [Applause.]

 

 

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Hon Chief Whip of the DA ...

 

 

WHO STATISTICS PROVE CORONAVIRUS CASES NOT ONLY EXCLUSIVE TO CHINA

 

 

(Draft Resolution)

 

 

IsiZulu:

 

Dkt S M DLOMO: Sihlalo weNdlu, ngiphakamisa ngaphandle kwesaziso:

 

 

Ukuthi iNdlu –

 

(1) ikunake ukuthi –

 

 

(a) inhlangano yezizwe yezempilo i-World Health Organisation, WHO, ikhiphe isiqondiso sokuthi wonke amazwe mawakulandele manje ukuthi abantu abathathu kwabane abathola leli gciwane le- coronavirus abasasuki e-China, baphuma kwamanye amazwe ngaphandle kwe-China;

 

 

(b) nokuthi iqonde ukuthi uMongameli wezwe ubaba u- Ramaphosa ukhiphe isiqondiso sokuthi abahlali baseNingizimu Afrika abakulawo mazwe abayikhulu namashumi amathathu nambili abafisa ukubuyela la ekhaya balekelelwe ukutheni babuye la ekhaya;

 

 

(c) Nokuthi kumele iqonde iNdlu ukuthi laba ababuyayo abakabi nalo igciwane ukuze kube yimanje kodwa-ke ekufikeni kwabo bayothathwa babekwe endaweni ethile izinsuku ezingamashumi amabili nanye besabhekwa bephenywa ukuthi igciwane alikho yini kubona;

 

(d) nokuthi babili abasebenzi baloya mkumbi i- Japanese Diamond Princess Cruise Ship abatholakale benaleli gciwane, kumanjenje bayalashwa e-Japan, bobuye bangeniswe ezweni uma sekuthi batholakalile ukuthi absanalo leli gciwane;Nokuthi-ke

 

 

(e) silibheke ngoba likhona liwuchithisaka izwe lonke leli gciwane, siyacela ukuthi bonke abakhona abahlonishwa balibone njengento ekufuneka siyiqaphele. Ngiyophakamisa kanje. [Ihlombe.]

 

 

USIHLALO WENDLU (Mnu M L D Ntombela): Asibonge mhlonishwa. Kube bengikwazi ukuzenzela bengizokuthi ubuye usiphinde lesi siphakamiso kodwa-ke ...

 

 

English:

 

 ... If there are no objections, I put the motion. [Interjections.] Thank you, hon members. Attention has been drawn to me that that motion was not on the list, although of course, one acknowledges the fact that we have crisis. I therefore, would not put the motion.

 

LACK OF SCHOLAR TRANSPORT IN OUR COUNTRY

 

 

(Draft Resolution)

 

 

Mr S N AUGUST: Hon Chairperson, I move without notice:

 

 

That this House-

 

 

(1) notes the problem of lack of scholar transport continues to rise in our country;

 

 

(2) further notes that the problem, particularly affects children in poorer communities, villages and townships; an example of this is being the Eerste Rivier in Koukamma Municipality, Eastern Cape;

 

 

(3) acknowledges that in Eerste Rivier there is no enough learner transport provided for learners attending to Cariodo High school which is many kilometres away from some of the residential areas;

 

 

(4) further acknowledges that not all parents can afford private vehicles to transport their learners to the particular high school, it resulted in most learners

 

not affording private transport and end up not attending school, we realised that all learners have a right to have access to education an opportunities and a chance of attending and completing high school;

 

 

(5) calls for the Department of Basic Education to conduct the study that looks at schools around the country where scholar transport is an issue for learners, particularly in poorer areas so that subsidies can made available via the necessary government departments.

 

 

Agreed to.

 

 

INTERNATIONAL WOMEN’S DAY

 

 

 

(Draft Resolution)

 

 

Ms C M PHIRI: Hon Chair, I move without notice:

 

 

That the House-

 

 

(1) notes that the International Women’s Day is held annually on 8 March to celebrate women’s achievements

 

throughout history, across nations and is also known as the United Nations Day for Women’s Rights;

 

 

(2) further notes that the theme for the International Women’s Day on 8 March 2020 is, “I am Generation Equality: Realizing Women's Rights”;

 

 

(3) acknowledges that the year 2020 is pivotal year for advancing gender equality worldwide as the global community takes stocks of progress made for women’s rights since the adoption of Belgium platform for action in 1995;

 

 

(4) further understands that women and girls continue to be undervalued, they work more and earn less, have fewer choices, and experience multiple forms of violation at home and in public spaces;

 

 

(5) believes that there is a significant threat of rollback of hard-won gender equality gains; and

 

 

(6) calls on all South African citizens to use this opportunity to mobilise action to achieve gender

 

equality and human rights of all women and girls in South Africa.

 

 

Agreed to.

 

 

APPEARANCE OF WESTERN CAPE DETECTIVE SERGENT A K LEWIS IN MICHELLS PLAIN MAGISTRATE’S COURT

 

 

(Draft Resolution)

 

 

Ms J M MOFOKENG: Chairperson, I move without notice:

 

 

That the House-

 

 

(1) welcomes the appearance of the Western Cape detective Sergeant A K Lewis in the Mitchells Plain Magistrate's Court on Thursday, 27 February 2020, on a charge of defeating the ends of justice;

 

 

(2) understands that the case relates to Lewis allegedly tampering with evidence in a 2007 gang-related docket which included the possession of drugs and a firearms;

 

(3) further understands that this case was postponed until

 

2 April 2020, when he is expected to appear in the Mitchells Plain Regional Court; and

 

 

(4) urges that swift action be taken by the courts to address corruption within our police services.

 

 

Thank you.

 

 

Agreed to.

 

 

ICC WOMEN'S T20 WORLD CUP

 

 

(Draft Resolution)

 

 

Mr T W MHLONGO: Chair, I move without notice:

 

 

That the House—

 

 

(1) notes National Women’s Cricket Team is competing in 2020 ICC Women’s T20 World Cup currently that is held in Australia;

 

(2) further note that Proteas become the first team that reached semi finals of 2020 ICC Women’s T20 World Cup after beating Pakistan in the fixtures on 1 March;

 

 

(3) acknowledges that that the Proteas has beaten England in the first match of the tournament;

 

 

(4) congratulates our mothers, the Proteas that is led by our Captain Dane’ van Niekerk for the outstanding performance in this tournament;

 

 

(5) wishing the team the best luck and we must make sure that they win the coming semi finals ...

 

 

 

IsiZulu:

 

Sithi phambili ngembokodo phambili!

 

 

Agreed to.

 

 

ROBERT SOBUKWE HONOURED BY THE ROBBEN ISLAND MUSEUM COUNCIL

 

 

 

(Draft resolution)

 

Mr M NYHONTSO: House Chairperson, I move without notice:

 

 

That the House-

 

 

(1) notes that the Robben Island Museum Council and its executive management took a bold decision when they committed themselves to a year in honour of a great son of Africa and the founding President of the Pan Africanist Congress of Azania, PAC, Mangaliso Robert Sobukwe who passed away on 27 February 1978;

 

 

(2) further notes that this is a departure from the behaviour of some state institutions and biased public officials who side-line and suppress the call to recognise and acknowledge the patriotic role played by leaders of the PAC in the struggle to bring about change and transformation in our beloved country;

 

 

(3) acknowledges that Sobukwe who had been grossly punished by the Apartheid government with solitary confinement on Robben Island, poisoning and banishment to Kimberley, was accepted by all as a leader of the African people; and

 

(4) calls on the state to make his recorded electronic audio and visual images available to the public as fitting and deserved recognition.

 

 

Agreed to.

 

 

SOUTH AFRICA’S CULINARY OLYMPICS TEAM BACK HOME FROM THE 25TH IKA CULINARY OLYMPICS

 

 

(Draft Resolution)

 

 

Mr P M P MODISE: House Chairperson, I move without notice:

 

 

That the House-

 

 

(1) welcomes back South Africa’s Culinary Olympics Team, which showed off its full hand through talent in the biggest international culinary arts competition in Stuttgart, Germany from 14 to 19 February 2020;

 

 

(2) acknowledges that Team SA returned home on Saturday,

 

22 February 2020, from the 25th IKA Culinary Olympics with three bronze medals after competing with 2000 chefs from 70 countries;

 

(3) further acknowledges that the team competed in two categories: the Chef’s Table, entailing seven different dishes for 12 people; and the Restaurant of Nations, a three-course menu for 110 people;

 

 

(4) believes that South Africa’s participation in this globally acclaimed culinary event has placed the country on the culinary world stage which should be celebrated by all South Africans; and

 

 

(5) congratulates them for their achievements and thanks them for raising the South African flag high.

 

 

Agreed to.

 

 

NOTICES OF MOTION

 

 

 

Ms B TSHWETE: House Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

 

 

That the House debates achieving transformation and development of the agricultural sector and the pertinent role

 

the Land Bank plays as one of South Africa’s most important development finance institutions.

 

 

The CHIEF WHIP OF THE OPPOSITION: House Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:

 

 

That the House debates the crisis that we have in our country with gender-based violence and the lack of education in schools regarding the way young men should behave around young women.

 

 

Ms T P MSANE: House Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the EFF:

 

 

That the House debates the ANC turning its back against the African united agenda and betraying the vision of the united Africa.

 

 

IsiZulu:

 

Mnu M HLENGWA: Sihlalo, ekuhlaleni kweNdlu okulandelayo ngizophakamisa egameni le-IFP:

 

That the House –

 

 

ukuba leNdlu ixoxe kabanzi nangokujulileyo ngezinselelo ezibhekene nabantu bakithi uma sekufika kwimishanguzo yomdlavuza nezifo ezihlobene nawo. Ngiyabonga.

 

 

Mr E K SIWELA: House Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

 

 

That the House debates delivering school infrastructure efficiently and cost-effectively to address backlogs, improve the quality of information used for planning and take learner safety into account.

 

 

Ms H DENNER: House Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the FF Plus:

 

 

That the House debates the influence that trade unions have on the economic growth of and job creation in South Africa.

 

Mr G J SKOSANA: House Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

 

 

That the House debates Raising the profile of the work and activities around linguistic matters of Cultural, Religious and Linguistic Communities, CRL Rights Commission, to ensure balance in work and activities around cultural and religious matters.

 

 

Mr W M THRING: House Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ACDP:

 

 

That the House-

 

 

(1) notes the recent comments made by USA President Trump’s trade representative, Robert E Lighthizer, on beginning talks with Kenya on a free trade agreement that would be the first in Sub-Saharan Africa;

 

 

(2) further notes that the African Growth and Opportunity Act, AGOA, is set to expire in 2025;

 

(3) debates the economic effects of these developments on the Africa Continental Free Trade Agreement, ACFTA, and on South Africa in particular.

 

 

Mr C BRINK: House Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:

 

 

That the House debates the high failure rate of interventions in terms of section 139 of the Constitution by national and provincial governments in dysfunctional municipalities.

 

 

IsiZulu:

 

Nk M S KHAWULA: Ngisukuma egameni le-EFF ... [Ihlombe.] [Ubuwelewele.]

 

 

English:

 

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Order, order, hon members. Order, hon members.

 

 

Hon members, I’m sure you’ll have ample time to acknowledge the return of hon Khawula after the House has adjourned, please. But she’s welcome anyway.

 

 

Nk M S KHAWULA: Hhayi! Nami ngiyabonga ukuthi ngibekhona, uNkulunkulu engigcinile. Cha ngithi ngiphakama egameni le-EFF:

 

 

Ukuthi ngokulandelayo leNdlu –

 

 

(1) ike ibheke udaba labashayeli bamaloli lawa ahamba amabanga amade, bayafa ngenxa yokuthi bayakhathala, akekho umuntu obasizayo nokuthi mhlawumbi balambile noma bomile nokthi babizelwe ama-ambhulensi; futhi

 

 

(2) ngiyacela ukuthi leNdlu ngempela ike ilubheke ukuthi angaqashwa umshayeli ezohamba ibanga elide eyedwa. Ngiyabonga.

 

 

Mr Z J PETER: House Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

 

 

That the House debates tourism as a vehicle to expedite transformation and inclusive tourism growth that nurtures participation of all South Africans in the mainstream economy.

 

 

Nk R M M LESOMA: Sihlalo ngaphambili, egameni likaKhongolose:

 

 

Ngokuhlala okulandelayo kwaleNdlu yombusoNdlu ngiyophakamisa ukuthi –

 

 

idikide udaba lokunakekela nokuvuselela izikhungo ze- Thusong ekuqinisekiseni ukudidiyela izinsiza eziletha ezilethwa uHulumeni emiphakathini. Siyabonga.

 

 

Ms N K BILANKULU: House Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

 

 

That the House debates assessing foster care progress, its implementation and challenges.

 

 

Mr I S SEITLHOLO: House Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:

 

 

That the House debates the devolution of operational functions of the rail services from national government to provinces.

 

 

on the next sitting day of the House I shall move on behalf of the ANC:

 

 

That the House debates the mmonitoring the participation of South Africa in multilateral forums related to foreign policy.

 

 

The House adjourned at 18:22.