Hansard: NA: Unrevised hansard

House: National Assembly

Date of Meeting: 10 Mar 2020

Summary

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Minutes

UNREVISED HANSARD

 

 

NATIONAL ASSEMBLY

 

TUESDAY, 10 MARCH 2020

 

 

 

PROCEEDINGS OF THE NATIONAL ASSEMBLY

 

 

 

 

 

The House met at 14:00.

 

 

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

 

 

FEES MUST FALL ACTIVIST MCEBO DLAMINI PLEADS GUILTY

 

 

 

(Member’s Statement)

 

 

Mr M P MAPULANE (ANC): The ANC notes that Mr Mcebo Dlamini has, on Monday yesterday 09 March 2020, pleaded guilty to public violence and being in contravention of South Africa’s immigration laws.

 

 

The ANC reiterates that South Africa is a rule-based country that respects the supremacy of the rule of law as enshrined in our Constitution. We equally believe that engagement in peaceful protests in pursuit of just causes should not be

 

abused and disrespected for short-term political experience aimed at wanton destruction of public property.

 

 

As the ANC we must, at all times, respect the principle of the rule of law before and then the law must be exercised without fear or favour in the interest of public good, and that we cannot alter the law to suit individual interests at the expense of the collective good.

 

 

For its part, the ANC will continue to defend the right to peaceful protest that it fought for in the trenches, and that such right should not be used to incite violence and destroy public property.

 

 

The ANC welcomes that Mr Mcebo Dlamini has committed to reflect on his future within the confines of the law and call on him to utilise the legal avenue available at his disposal.

 

 

In conclusion, the ANC will continue to defend the rights of the law abiding students to engage in peaceful protests in ensuring that the doors of learning and culture are opened. Thank you very much. [Applause.]

 

 

TWO HAWKS MEMBERS DIE IN SHOOTOUT WITH CASH IN TRANSIT ROBBERS

 

(Member’s Statement)

 

 

The DEPUTY SPEAKER: Hon member, you are on your feet. Go ahead; ignore that person you are pointing out.

 

 

Ms M B HICKLIN (DA): Deputy Speaker, humanity failed us on Thursday, 5 March. Once again the SA Police Service, SAPS, failed to protect our citizens. In addition to failing us, they failed to protect two of their own. Yet, Parliament has called on law abiding citizens to hand over their weapons in a gun amnesty.

 

 

Parliament should take note that crime in South Africa is out of control. Last week the Hawks lost two of their most long standing, dedicated and experienced officers in a botched cash in transit heist in the North West province. Detective Warrant Officer Delene Grobler, a highly dedicated member of the SAPS died in a hail of bullets in Mafikeng. Later that day, another shootout ensued critically injuring her partner Detective Sergeant Wynand Herbst who died on an operating table in Johannesburg that night.

 

 

Their deaths are a tragic loss and come hours after a debate in this House in which the Minister of Police advocated the

 

benefits of the gun amnesty. This notion is ludicrous. Parliament cannot ignore that criminals rule this country and they will be the last ones to handover their weapons. Law abiding citizens are tired of empty promises from a government that does not protect them.

 

 

Implement some of the DA’s crime fighting initiatives that are working in the DA-led Western Cape. Our citizens deserve plans of action today, not talk shops and empty promises. [Time Expired.]

 

 

LOCAL GOVERNMENT NOT FUNCTIONING IN MOST PROVINCES

 

 

 

(Member’s Statement)

 

 

Ms H O MKHALIPI (EFF): Deputy Speaker, local government has completely collapsed and it is non existent. There are no functional municipalities with the capacity to deliver service to our people. Majority of municipalities are only on paper, but in reality there are no institutions.

 

 

In the North West province currently 10 municipalities have completely collapsed and are under administration: Mafikeng, Ratlou, Ditsobotla, Tswaing, Madibeng, Lekwa-Teemane, Naledi,

 

JB Marks, Mamusa, Matlosana and Maquassi Hills Local Municipality.

 

 

Even municipalities that are not under administration have also collapsed because of the political squabbles in the ruling party. They are untouched. In the Eastern Cape province, the situation is far much worse. The Great Kei Local Municipality office building burned down today as we speak here ...

 

 

IsiZulu:

 

... ngingena la-ke.

 

 

English:

 

The municipality does not have an office. In times of drought like these with a collapsed local government, our people are drinking water with animals in the Eastern Cape ...

 

 

German cut!

 

 

In KwaZulu-Natal, Gauteng, Limpopo, Northern Cape, Free State and other provinces there is no local government; corruption is the order of the day. The ruling party has failed to think

 

of local government differently in the context of a post- apartheid South Africa ...

 

 

S-curl!

 

 

Today, in Emfuleni Local Municipality the sheriff was attaching the municipality’s assets because the municipality is failing to pay debts. [Time Expired.] S-curl, you heard!

 

 

CELEBRATING INTERNATIONAL WOMEN’S DAY

 

 

 

(Member’s Statement)

 

 

Ms Z NKOMO (ANC): On Sunday, March 2020 women from all sectors of our society attended the International Women’s Day commemoration in the Tweeling Stadium in Free State. The International Women’s Day is aligned with United Nations Women’s new multigenerational campaign, which marks the 25th anniversary of the Beijing Declaration and Platform for Action, where heads of state committed to ensuring that gender equality in their countries end. The event was addressed by President Cyril Ramaphosa under the 2020 theme “I am Generation Equality: Realising Women’s Rights”

 

In his address, President Ramaphosa reminded the gathering of the significant advances done by the government in improving the lives of women in the social, political and economic spheres. Among them is the implementation of policies and programmes to give practical expression to the rights of women and girls to education, to reproductive healthcare, to basic services and to social support. He also touched on a raft of gender responsive laws around reproductive health, sexual orientation, access to justice, customary law and protection against domestic and sexual violence. I thank you.

 

 

DEPARTMENT OF BASIC EDUCATION IMPLEMENTING COMPREHENSIVE SEXUALITY EDUCATION IN ALL SOUTH AFRICA’S SCHOOLS

 

 

(Member’s Statement)

 

 

Mr S L NGCOBO (IFP): The Department of Basic Education has taken a decision to implement Comprehensive Sexuality Education in all South Africa’s schools. This is already being piloted in five provinces from Grade 4 to Grade 12.

 

 

In response, there has been a public outcry; educators, parents, traditional leaders and faith based groups across South Africa have expressed serious concern over a lack of

 

consultation, contradictory evidence of the efficacy of Comprehensive Sexuality Education, CSE, as a response to HIV, gender-based violence, GBV, and learner pregnancy and the fact that it cannot be implemented without infringing on the rights of parents to raise their children according to their chosen value system.

 

 

The programme of CSE has been designed by the United Nations in partnership with the International Planned Parenthood Federation in order to promote sexual rights for minors including the right of minors to engage in high risk sexual activity and to access abortions without parental knowledge or concern.

 

 

Comprehensive Sexuality Education normalises high risk sexual activity and introduces children to sexual concepts prematurely by teachers and away from parental guidance, input or even concern.

 

 

The department’s educators’ guide instructs educators to keep what is taught strictly confidential between the educator and the learner noting that parents may be prejudice against what is being taught. [Time Expired.]

 

DILAPIDATED N12 HIGHWAY PREVENTING ECONOMIC GROWTH IN THE THREE NORTH WEST PROVINCE MUNICIPALITIES

 

 

(Member’s Statement)

 

 

Mr I M GROENEWALD (FF-PLUS): Deputy Speaker, the condition of the N12 national road in the areas of JB Marks, Matlosana and Maquassi Hills Local Municipalities is to the detriment of the economic activities in the North West Province.

 

 

The road is in a dilapidated state especially those parts of mentioned municipalities are responsible for.

 

 

The road is of critical importance to the economy and it is corridor for goods and projects especially with regard to the agricultural and the mining sector.

 

 

The only way to eradicate poverty is by eradicating unemployment and the only way to sustainably create jobs is by creating a conducive environment for the private sector to invest and create employment. Infrastructure is critical for such an environment.

 

 

For business to be able to create employment and contribute to the economic growth it should have reliable electricity supply, efficient municipal services, water supply and infrastructure such as roads for transportation of goods.

 

 

If the ANC government is serious about economic growth and job creation they should prioritise infrastructure development and maintenance.

 

 

The conditions of the N12 road are the result of poor maintenance. This road poses immense danger to motorists and it is a serious obstacle to economic growth in the North West Province.

 

 

Bad workmanship, tenderpreneurs and lack of political will result in services not to be delivered. This practice and cadre deployment is responsible for poor conditions of infrastructure and should stop. Prioritise the N12; invest in infrastructure in order to ensure economic growth and job creation.

 

 

DEATHS OF TWO MORE PUPILS IN GAUTENG

 

 

 

(Member’s Statement)

 

Mr T MALATJI (ANC): Deputy Speaker, we share the concern and the deep sorrow of the Gauteng Department of Education which has been hit by tragic deaths of pupils in the province since the beginning of 2020 and the recent deaths of two more pupils last week.

 

 

On Friday, 6 March 2020, a Grade 11 pupil from Eldorado Park Secondary School died after an allegedly drunk poisoning on Tuesday, 3 March 2020. He was rushed to a local hospital for necessary medical attention but died on Thursday after the medical team advised the family that the life support machine be switched off.

 

 

In the second incident an 18-year-old Grade 10 pupil from Reiger Park Secondary School in Ekurhuleni died after he was stabbed on 29 February 2020 by an unknown person at the Ramaphosa informal settlement.

 

 

Twenty two pupils have died since the beginning of the 2020 academic year. The ANC sends its heartfelt condolences to the family and the school community. They may find comfort knowing that we share the pain with them.

 

UNIVERSITIES ACROSS THE COUNTRY STARTING THE 2020 ACADEMIC YEAR NEGATIVELY

 

 

(Member’s Statement)

 

 

Mr B B NODADA (DA): Sekela Somlomo [Deputy Speaker], three days after the Minister of Education, Science and Technology painted an out-of-touch picture of higher education institutions saying that they were ready for the 2020 academic year during his executive statement in Parliament; students at institutions across the country are still protesting and disrupting the start of the 2020 academic year.

 

 

At the university of Fort Hare the Vice-Chancellor, on Thursday, issued a notice of suspension for the academic programme; this included a directive for students to vacate the campus and its residences. This has resulted in many students who come from deep rural areas to be homeless as they cannot afford alternative accommodation and transport.

 

 

After speaking to a number of affected students who won a court case against the institution, I travelled to the Eastcape Midlands College where I encounted Zoleka whom, two days ago, was evicted by the landlord and survived an

 

attempted rape in the central business district, CBD, of Uitenhage and broke down in tears because she’s starving due to National Student Financial Aid Scheme, NSFAS, that has simply failed to meet the deadline of 7 February to disperse student allowances.

 

 

The buck stops with Minister Nzimande, and he needs to act now to prevent a complete meltdown at the campuses.

 

 

The DA, therefore, has requested the following interventions from the Minister: firstly, that NSFAS must expedite the dispersements of students directly for Technical and Vocational Education and Training, Tvet colleges who have completely failed to disperse student allowances.

 

 

Secondly, the Minister should provide specific timelines of when poor students will have their historic debt cleared.

 

 

It is unacceptable that Minister Nzimande continues to be aloof as campuses are burning and students across the country are without food and transport allowances.

 

We urge the Minister to remember his primary responsibility; [Time expired.] which is to ensure that every South African has a fair access to education. Thank you.

 

 

THE RELEASE OF THE MPATI REPORT ON PUBLIC INVESTMENT CORPORATION OF CRITICAL IMPORTANCE FOR THE NATION

 

 

(Member’s Statement)

 

 

Mr B H HOLOMISA (UDM): Hon Deputy Speaker, the president indicated in his state of the nation address on 13 February that he would release the Mpati Report into the Public Investment Corporation, PIC, within the few days; it’s almost a month later and the nation is still to be taken into confidence.

 

 

The PIC is the largest investor on the Johannesburg Stock Exchange, JSE, and they way it is run and how decisions are made are of critical importance. Also, hundreds of thousands of South Africa’s retirement funds are entangled in this mess and it is immoral that they are left in the dark as to their futures.

 

The UDM aligns itself with SA Democratic Teachers Union, SADTU, in rejecting Congress of SA Trade Union, Cosatu’s idea of relieving Eskom’s debt by tapping the state pension funds.

 

 

Issuing this report can only be the first step. It is of critical importance that those found to be delinquent and those with their hands in the cookie jar should be brought to book and...

 

 

IsiXhosa:

 

... kufuneka kuphinde kuqokelelwe le mali ibinikwe ezi nkampani zamaqabane. Enkosi.

 

 

PARLIAMENT CALLS FOR IMMEDIATE RESOLUTION REGARDING THE DISPUTE BETWEEN THE CITY OF CAPE TOWN, HOME AFFAIRS AND REFUGEES

 

 

(Member’s Statement)

 

 

Mr M S CHABANE (ANC): The ANC supports Parliament’s call for the immediate resolution of the dispute between the City of Cape Town, home affairs and refugees who were located outside the Central Methodist Church on Greenmarket Square.

 

The weekend of 29 February to 1 March hundreds of law enforcement officers enforced a court order allowing the city to remove refugees who were illegally camping outside the church.

 

 

The ANC would like to condemn the violent attack and assault of the clergy and calls on the police to be vigilant and deal with perpetrators of this violence. The church’s Reverend, Alan Storey, as well as the Anglican Archbishop of Cape Town, Bishop Thabo Makgoba, and the Human Rights Commissioner, Chris Nissen, were all assaulted and injured recently.

 

 

We believe that the attack of the church leaders is criminal, disrespectful and ungrateful.

 

 

All those seeking refuge must comply with the laws of the Republic and with the bylaws of the City of Cape Town. Thank you.

 

 

VICTORY FOR PHILIPPI RESIDENTS AS CITY OF CAPE TOWN LOSES APPEAL OVER OCCUPIED LAND

 

 

(Member’s Statement)

 

Mr M R MASHEGO (ANC): Deputy Speaker, once again the City of Cape Town has lost an appeal over the occupied land by Phillipi residents. The Supreme Court of Appeal ordered them to buy the land.

 

 

Currently, about 60 000 people are occupying the land. This ruling confirms what the ANC has been saying for years that eviction of the occupants was never realistic nor practical.

 

 

We believe this is an enormous victory for the poor as the court affirmed their right against evictions. This order secures the right to housing for thousands of men, women and children in the settlement.

 

 

In 2017, the Western Cape High Court ordered the city to enter into good faith negotiations to purchase three different Philippi landowners’ land which was been occupied since 2013. The city had appealed the high court order two weeks ago and it confirmed that the purchase of the land by the City of Cape Town Municipality was the only reasonable response to this situation. The court further takes into consideration the rights of the owners who will now receive compensation for the loss of their land.

 

The ANC has advised the DA-led City of Cape Town to be proactive and sensitive in dealing with these matters rather than heartlessly resorting to evictions and court orders.

 

 

ELECTRICITY OUTAGES NEGATIVELY AFFECTING THE LOCAL ECONOMY OF WADEVILLE IN EKURHULENI

 

 

(Member’s Statement)

 

 

Ms E R WILSON (DA): Deputy Speaker, since July 2019 the industrial area of Wadeville, where businesses employ around

500 000 people has suffered a spate of unscheduled electricity outages over and above the standard loadshedding.

 

 

These outages accumulate to around 380 outages during the set period of eight months. These electrical outages have caused serious disruptions to business operations to the extend that they threaten the local economy.

 

 

Business owners complain that Ekurhuleni spends most of its time and resources on securing the power supply of large electricity consumers within Wadeville but neglect the Small, Medium and Micro-Enterprises, SMMEs. As a matter of fact, network and infrastructure serving Wadeville is old and

 

dilapidated. There’s no political will to provide adequate budgets to deal with backlogs of repairs, maintenance and capital replacement of ageing infrastructure.

 

 

In addition, Ekurhuleni faces issues with operational constraints such as shortages of essential supplies including transformers as well as the depletion of the repairs and maintenance budget due to cable theft.

 

 

Ekurhuleni is in breach of its constitutional obligations to deliver basic services and possibly, also in breach of its license conditions within National Energy Regulator of SA, Nersa.

 

 

In the respect we refer to national rationalise specification 047 and 048 that stipulate the quality of electricity supply that an electricity distributor such as Ekurhuleni has to uphold.

 

 

The Minister of Co-operative Governance and traditional Affairs, CoGTA, as well as the MEC for CoGTA in the Gauteng Province [Time expired.] must urgently intervene and investigate this mater. I thank you.

 

THE SEDEPA FAMILY IN WOODLANDS FARM, CARLISLE BRIGE, STRUGGLING FOR MUNICIPAL SERVICES FOR THEM AND THEIR LIVESTOCK

 

 

(Member’s Statement)

 

 

Ms Y N YAKO (EFF): Deputy Speaker, we visited Mrs Elizabeth Thokazi Nofinish Sedepa, a 93-year-old resident from Woodlands Farm, owned by Riek Van Zyl in Makana Ward 1, Carlisle Bridge; a two-hour drive from Grahamstown.

 

 

You cannot reach this place unless you are driving a 4x4 bakkie. Here, umama [ms] uThokazi and her family keep livestock, they do not have enough grazing land for their 28 cows and nine calves; there is no drinking water for the livestock.

 

 

Umama uThokazi is diabetic, there is no clinic nearby; for her to get her medication, even in her age, she must hire a car and travel for two hours.

 

 

The white racist farmer, Van Zyl, refuses the municipality to track assets to deliver water to the farm.

 

There is no electricity for the Sedepa family. The government knows very well about this problem because the former Minister, uGugile Nkwinti, sent his staff to this area just before the elections and they did nothing about it. The ruling party must really bury its head in shame for this.

 

 

We promised umama uThokazi that we will tell Parliament, we will tell the President, we will tell the Speaker and all Members of Parliament and Ministers so that when they come there to campaign during elections, they must not say they don’t know.

 

 

THE NATIONAL GOVERNMENT INTERVENES IN CAPE TOWN TRANSPORT CRISIS WITH 80 BUSES TO BE LEASED TO TRANSPORT CENTRAL LINE TRAIN COMMUTERS

 

 

(Member’s Statement)

 

 

Mr L E MCDONALD (ANC): Deputy Speaker, eighty buses are to be purchased and leased by the Passenger Rail Agency of SA, Prasa, to transport affected central line rail commuters in the coming months. The buses are part of a three-phase recovery project that was launched by the Department of

 

Transport and Prasa at the Langa Train Station on Wednesday, 5 March 2020.

 

 

The plight of Cape Town commuters who now pay double the amount in transport fares to get to their destinations has been acknowledged by the ANC-led government. We have, thus, considered an interim solution in the form of buses that will be made available in a few months to assist commuters.

 

 

The buses will pick up and drop off commuters at various stations. The central corridor, which services about 45% of Prasa’s passengers in the Western Cape, has been closed since October 2019 due to extensive vandalism.

 

 

The ANC welcomes the recent arrest of a Khayelitsha man and four Lansdowne men after they were found in possession of railway cables estimated to be worth R383 000.

 

 

NEW EAST LONDON FACTORIES TO CREATE 3 000 JOBS

 

 

 

(Member’s Statement)

 

 

Ms P T MANTASHE (ANC): Deputy Speaker, we acknowledge the challenge of unemployment in the country and the ANC is

 

committed to addressing this issue in partnership with all stakeholders.

 

 

We believe that the establishment of 14 new factories in the East London Industrial Development Zone, IDZ, will create

3 000 jobs by the end of March 2020. We hope this will assist in alleviating the unemployment crisis in that province.

 

 

According to the Eastern Cape government, construction has begun and an estimated 3 000 people will be employed. The projects are funded through trade and industry’s special economic zones fund to unlock private sector investment of R3,4b.

 

 

By the end of 2021, the Eastern Cape Province will see an additional 14 new factories being operational in the East London IDZ; the bulk of which will be in the automotive sector.

 

 

An additional 1 600 people, particularly the youth, will be employed permanently to work in these factories.

 

 

Judging by the commitments made by Premier during the state of province address, clearly all hands are on deck and the

 

ANC-led government has put shoulder to the wheel to ensure we fulfil the mandate given to us by our people. I thank you.

 

 

DAMAGE TO UNIVERSITY PROPERTY DURING PROTESTS

 

 

(Minister’s Response)

 

 

The DEPUTY MINISTER OF JUSTICE AND CORRECTIONAL SERVICES (Mr J

 

H Jeffery): Deputy Speaker, I just want to respond to the first motion regarding Mr Mcebo Dlamini. Yes, indeed, we are a constitutional democracy based on the rule of law. In terms of that, it is the courts that decide whether you are guilty or whether you are innocent. It would be completely improper for the executive, a political party or even members of the public to pronounce on that. People have avenues to appeal if they want to appeal. In this case, Mr Dlamini pleaded guilty, and this was guilty to public violence and immigration offences and not to being involved in a protest, which was his right.

 

 

I do also want to emphasise that there were serious problems in terms of the extent of damage to public property during some of these protests at the universities, and such damage has been running into millions if not billions of rand. So, it

 

is important for the state to ensure that those people who commit such damage are prosecuted.

 

 

COMPREHENSIVE SEX EDUCATION IN SCHOOLS

 

 

(Minister’s Response)

 

 

The MINISTER OF BASIC EDUCATION: Deputy Speaker, I am responding to the matter of comprehensive sex education. I want to say to the member that all the points the member raised were the exact opposite of the truth.

 

 

The curriculum was not developed by the United Nations; this has always been in our schools’ curriculum. What is happening and what is different is that we have developed materials to strengthen that which was in the curriculum. As a result, we didn’t need to consult on the curriculum and the implementation thereof. But because members from outside had raised concerns owing to the misinformation that was going around, we convened a meeting with stakeholders and educators and parents who have children in school.

 

 

I can assure you, Deputy Speaker, that we have had overwhelming support from people who have read the official

 

department material and who are not basing the campaign on distortions and misinformation. So, I really want to encourage members of the House to visit the link that we have given so that they can access the real information.

 

 

The member also raised the issue of a lack of evidence on the efficacy of what has been set as objectives. I am not sure what the evidence he has to support saying that there was no efficacy about what we are implementing or piloting. Even though we have not finished the pilot, he already knows that there is no efficacy.

 

 

I really want to appeal to members to arm themselves with the correct information. I am sure that the member will even volunteer to go and give support because we do need to educate our kids about sexuality. There can’t be anything wrong with educating young people - even two-year-olds – about sexuality because it is a natural thing. So why don’t you ... [Interjections.]   ... exactly, because ... [Interjections.] They are eating away at my time. You need a four-year-old to know that “Uncle” can’t touch your bum because it is a private part. [Applause.] Therefore, for your protection, you need to know the facts. There can’t be anything wrong with teaching children the right thing and giving them the right

 

information. Go and familiarise yourself with the proper information, not the dirty pictures that have been circulating, something which is very unfortunate coming from hon members. Thank you very much.

 

 

PROBLEMS AT TVET COLLEGES AND UNIVERSITIES

 

 

 

(Minister’s Response)

 

 

The DEPUTY MINISTER OF HIGHER EDUCATION, SCIENCE AND

 

TECHNOLOGY: Deputy Speaker, I think, firstly, we want to indicate that the Ministry and the Department of Higher Education, Science and Technology have been on the ground engaging with, and facilitating discussions between, students and council. This includes - just over the weekend - the University of Zululand, the University of Fort Hare, the University of KwaZulu-Natal, the Tshwane University of Technology and the University of South Africa.

 

 

Some of the crises were under control and some of those institutions have returned to normality. We are aware of some the challenges with the National Student Financial Aid Scheme, or NSFAS, but we believe that we have done much better compared to the previous two years.

 

We have also engaged with the stakeholders: the SA Union of Students, Universities South Africa and the SA College Principals’ Organisation in order to deal not just with specific but also general issues. I think that it is incorrect to suggest that we haven’t been engaging with all of these issues.

 

 

We want to take this opportunity to appeal to leaders in our institutions to exercise restraint. We really want to condemn some of the violence that we have seen happening in our institutions and the destruction of property and all of that. And, as a final point, we want to assure the hon member that most of the TVET colleges are transitioning from paying NSFAS allowances to the institutions to paying them directly into the pockets of students so that we address some of those issues - if, indeed, what you are raising is correct. This is because we have also experienced some false news: people claiming that they have not been paid; others really exaggerating the extent of the problem. But when we go and deal with those issues we find that some of the reported problems are actually nonexistent. We are there. We are in action. We are on the ground trying to resolve most of the problems to ensure that there is stability in most of our institutions. Thank you.

 

FARMER REFUSES SEDEPA FAMILY MUNICIPAL SERVICES

 

 

(Minister’s Response)

 

 

IsiZulu:

 

UGQONGQOSHE WEZOLIMO, EZOMHLABA NOKUTHUTHUKISWA KWEZINDAWO

 

ZASEMAKHAYA: Sekela Somlomo, ngibonge kakhulu kwilungu elihloniphekile udadewethu u-Yako ngalolu daba alulethe phambi kwaleNdlu yesiShayamthetho mayelana nesimo somndeni kamama u- Mathokazi Zikode Zithephu. Ngiyabonga kakhulu lungu elihloniphekile ukuthi ulilethe lolu daba ukuze sikwazi ukulilandela njengoba usho uthi uzakwethu owayengaphambili wayeyile kuloya mndeni kodwa uma ngingasho ukuthi ikhombisa isimo esifanele ukuthi silungiswe ngokuhlengahlengiswa komhlaba ngoba kubonakalisa kakhulu ukuthi abantu abahlala emapulazini ikakhulukazi lawo mapulazi esithi phecelezi ngesilungu ngama-commercial farms, abantu abangabasebenzi nabayizakhamuzi emapulazini amalungelo asabukelwa phansi.

Abakwazi ukuthi amalungelo abanawo ngokoMthethosisekelo akwazi ukufezeka.

 

 

Ngezinye zalezi zizinto ezenza kubekhona ukubaluleka ukuthi njengabemi baleli lizwekazi laseNingizimu Afrika masibheke ukuthi uMthethosisekelo wethu lo ukuze siwupumelelise ngokungu

 

konakona kusho ukuthi indlela esiphathana njalo ibanjani. Kufanele-ke sibheke nathi singuHulumeni ukuthi lezi zinto ezenzeka ngaphansi kwamakhala singaziboni uma zilethwa njengani maLungu ePhalamende sizisukumele phezulu ukuze silungise izimpilo zabantu zibe ngcono njengoba sasithembisile. Ngiyabonga, lungu elihliniphekile.

 

 

PORTFOLIO COMMITTEE ON HOME AFFAIRS CONVENES MEETING ON IMMIGRATION

 

 

(Minister’s Response)

 

 

The MINISTER OF HOME AFFAIRS: Thank you, hon Deputy Speaker. Hon Chabane, the issues you raised are very important, and I wish to report that this morning the Portfolio Committee on Home Affairs convened a meeting of all the relevant stakeholders: the Department of Home Affairs, the City of Cape Town, the SA Human Rights Commission, the United Nations High Commissioner for Refugees and the various appeal bodies in the immigration sector.

 

 

The issues have been discussed thoroughly, the way forward has been decided upon and the committee is expecting a report in a month’s time. The overriding factor here is that South Africa

 

is a sovereign country that is receptive to people from other countries, but the laws of the country must be respected at all times. Thank you very much. [Applause.]

 

 

NO FUNCTIONAL MUNICIPALITIES IN SOUTH AFRICA

 

 

(Minister’s Response)

 

 

IsiZulu:

 

UNGQONGQOSHE WEZOKUBUSA NGOKUBAMBISANA NEZINDABA ZOMDABU:

 

Sekela Somlomo, bengithi nje angibeke amazwana amancane kule nkulumo ebekwe umhlonishwa uHlengiwe. Umhlonishwa uHlengiwe akushoyo okunye kuyiqiniso kodwa unehaba elimangalisayo ... [Uhleko.] uma ethi bonke omasipala la eNingizimu Afrika abasebenzi, ihaba nje lelo. Naye uyazi ehleli nje laphaya ukuthi ukhuluma into eyihaba. Yebo bakhona omasipala abangasebenzi ngingakuvumela, kukhona la kuliwa khona, ngingakuvumela, yikho nje nase-Mamusa saze sawuhlakaza nje umasipala sathi awuqale phansi wakhiwe kabusha.

 

 

Akulona futhi iqiniso ukuthi inhlangano ephethe izwe ayenzi lutho. Yayingekhe iwuhlakaze umasipala i-Mamusa umangabe yayingabathinti eyabantu abahluphaya abalwayo. Bakhona nje omasipala abasebenza kahle. [Ubuwelewele.] Ngibale owodwa?

 

Ngingakubalela abangaphezu kowodwa. Singaqala nje nge-Kokstad. I-Kokstad nje isebenza kahle. [Ihlombe.] I-Sengqu nje eMpumalanga Koloni isebenza kahle. [Ihlombe.] Ukhahlamba nje eKwaZulu-Natal. [Ihlombe.] Ngingakubalela nje.

 

 

Ngakhoke yikhoke Sekela Somlomo ... [Ubuwelewele.]

 

 

The DEPUTY SPEAKER: Order!

 

 

IsiZulu:

 

Ngicela nilale uNgqongqoshe ngoba uyaniphendula.

 

 

UNGQONGQOSHE WEZOKUBUSA NGOKUBAMBISANA NEZINDABA ZOMDABU: ...

 

ngisho ukuthi unehaba. Khona uma ebethe kukhona omasipala abangasebenzi hhayi bengizomvumela ngoba bakhona ngempela kodwa la one khona ileli haba lakhe lokuthi bonke. Ngiyabonga. [Ihlombe.]

 

 

The DEPUTY SPEAKER: Any further Minister’s Responses? None. Okay, thank you very much. Oh! [Interjections.]

 

 

IsiZulu:

 

Ngiyaxolisa-ke. Ngiyaxolisa. Mhlonishwa usisi u-Pam. Ngiyaxolisa. Ngiyabonga. Ngiyabonga.

 

IsiXhosa:

 

USEKELA MPHATHISWA WEZOKUHLALISWA KOLUNTU: Ndikuxolele Sekela

 

Somlomo. ndiphendula intetho yelungu elihloniphekileyo uMashego. SiliSebe lezokuHlalisa koLuntu asihambisani nabantu abazithatela umhlaba, kodwa sithi lule imeko yabantu base Phillippi abangama-60 000, abaqala ukuhlala phaya ukusukela kowama-2013.

 

 

Ndifuna ukuxelela uMasipala oMbaxa wesiXeko saseKapa ukuba inkundla ikhuphe umyalelo othi mabafunelwe enye indawo yokuhlala. Awukwazi ukukhupa abantu abangama-60 000 xa ucinga ngokuqiqa. Aba bantu banabantwana, bahleli kula mhlaba iminyaka esixhenxe awukwazi ukubakhupha nje ungabakhangeleli enye indawo.

 

 

Sithi thina njengeSebe lezokuHlaliswa koLuntu sakusoloko sikhona ukuze sibancede abantu kodwa inkundla mayiqwalasele lo mba ilungiselele abantu basePhillipi. Enkosi.

 

 

NATIONAL LAND TRANSPORT AMENDMENT BILL

 

 

 

(Consideration of the Bill and of Report thereon)

 

Mr B S YABO: Hon Deputy Speaker, hon members, the ANC rises in support of the National Land Transport Amendment Bill.

Ordinary South Africans spend on average, nearly two hours commuting to and from work; this is due to apartheid special planning patterns that remain stubborn due to skewed economic development patterns which largely are racial and patriarchal in nature. These patterns are being reversed and changed through systemic and programmatic interventions by the ANC-led government. The ordinary household per capita spend on public transport as a percentage of their income is sitting at 20 % and more currently. This simple means that for every R10 of income per person per household more than R2 is spent on commuting. This is quiet significant for the poor masses of our people.

 

 

Transport is the lifeblood for efficient functioning of any economy. It is the bedrock for the movement of people, goods and services. The State President in the state of the nation address in 2020 correctly emphasized the need for the development of transport infrastructure and efficient transportation as this improves the quality of the lives of ordinary South Africans. This Amendment Bill is quintessential and raising the standard of safety for commuters and passengers and improving their general experience. It also

 

improves the lives of ordinary South Africans, as is an important and enabler for inclusive economic growth.

 

 

Not only does land transportation and transport infrastructure contribute to the movement of people but it is fundamental to the development of an inclusive economy. An efficient national land transportation network reduces the cost of doing business and makes commercial activity efficient. In other words, it attracts investment and tourism to the country. Many different economic sectors in trade and industry depend upon an efficient national land transportation system that is both rail and road. The ANC as the governing party and government is committed to eradicate poverty, inequality and unemployment and to the transformation of the country. This can also occur through the development of the national land transportation.

 

 

It provides our people with employment opportunities in different parts of the value chain throughout the country, as the land transportation network covers all three spheres of government. However in order for national land transport to occur in an organised systematic and coordinated manner over the three spheres of government, proper legislation and regulation is required. National government collects and spends vast revenue on national land transport infrastructure

 

in terms of roads and rail. It is imperative that the spending and development of transport infrastructure occurs within the armpit prescribed by legislature and regulation.

 

 

The National Land Transportation Amendment Bill is geared towards motorised the non-motorised land transport, the inclusion of non-motorised transport in the Amendment Act is in line with international best practice. The Bill aims to regulate e-hailing transport services for an example. It will ensure that it promotes greater access and participation by South African citizens in the economic activity of the service. It will also ensure that there is better safety for commuters utilising the service; e.g. ultimate best, uber.

 

 

There a number of technical issues which require changes, necessitating the amendment of the Act, these changes add value and improve the efficiency of the sector, as it undergoes further investment and development. The essential aim of the Act is to ensure that transport functions at the three levels of government. Moreover the Act is geared towards the efficient functioning in terms of developing and operating the various aspects of road and rail transport. It grants the national Minister powers to coordinate and ensure the

 

development of the national land transport system in terms of road and rail.

 

 

At the local level the Act was successful as it consolidated transport; at the provincial level it enabled coordination and uniformity of approach to the national and local sphere of government. The Principal Act encourages the development and usage of public transportation. The Amendment Bill is necessary as the Principal Act requires changes to render it more effective to achieve government strategic objectives for the development of the public transport infrastructure.

Changes range from improving definition of the Act to extending the powers of the Minister. While it is not possible to cover all the benefits of the Amendment to the Principal National Act it was imperative to provide...

 

 

The DEPUTY SPEAKER: ...hon Yabo...

 

 

Mr B S YABO: ...this House...

 

 

The DEPUTY SPEAKER: ...your time has expired...

 

 

Mr B S YABO: ... with some of the important changes, which have been made to the Act. Thank you.

 

The DEPUTY SPEAKER: Hon members achieved their request for declarations of vote have been received, so we...hon member please go ahead. Sorry...kindly take your seat. There are two things I didn’t do and would like to do. Firstly [ Laughter.] cool your heels, as there is no list of speakers, I recognise the Chief Whip of the Majority Party.

 

 

UMBHEXESHI OYINTLOKO WEQELA ELILAWULAYO: Sekela Somlomo,

 

njengoko kubhaliwe apha kwiPhepha loLuhlu lweMicimbi, ndiphakamisa ukuba lo Mthetho oYilwayo mawupasiswe kwaye wamkelwe yile Ndlu. Enkosi kakhulu.

 

 

Declarations of Votes:

 

Mr C H H HUNSINGER: Hon Deputy Speaker, the DA supports amendments to this 2009 principal Act on the basis of immediate needs in the public transport sector given the current legislative and regulatory shortfalls, this while a lot still needs to be addressed. This is the Bill that could have established the crucial operating space amongst public transport, service provider’s dysfunction which could have allowed for improved stability and an expanded enabling economic environment.

 

In many respects therefore, a lost opportunity given the narrow view adopted in this updated version of the original rushed 2009 Act. In addition to not adequately addressing the relationships among the rail, bus, minibus, metered and e- hailing commuters and travel service providers, safety measures and risk exposure to commuters, passengers and

 

 

travellers have been ignored. This was the Bill that could have furthered meaningful integrated public transport networks and systems. This was also an opportunity to introduce road clearance measures and alleviate congestions on roads.

 

 

The chance to extend the usage life of road surfaces by discouraging heavy freight loads on roads in favour of rail. All of which were sadly totally ignored. This emits the tumbling numbers in rail freight and rail passenger usage and trips.

 

 

Afrikaans:

 

Die DA se voorstelle van kwantitatiewe en kwalitatiewe vervoerkontroles, praktiese oplossings soos die gebruik van ’n enkelkaartjie vir verskillende tipe openbare vervoer, subsidies vir pensioenarisse, skoliere en gestremde persone is geïgnoreer en nie in hierdie wetsontwerp opgeneem nie.

 

English:

 

In a similar condition of stubborner section 11 of National Land Transport Amendment Bill remains a bone of contention by posing serious constitutional challenge in its current form. Apart from the DA, Salga shares the view that the extended powers gained to the Minister in this new version is beyond constitutional assignment and a dispossession of local government’s mandated powers in terms of current designated functions.

 

 

The announcement by Minister Mboweni during this year’s budget speech of the withdrawal of the Integrated Development Plan, IDP in funding to some of the 13 bus rapid transit, BRT participating cities came as no surprise. From 2005 until 2019 more than R45 billion has been spent on public bus service provision in 13 cities with only four cities demonstrating average expenditure ability above 50%. Citizens are now deprived of public bus transport after the capital, under the department’s watch, was spent over the 14-year period with near nothing to show for it.

 

 

This National Land Transport Amendment Bill also ignored the road freight industry; trucks and truckers which contribute in excess over R120 billion to the South African economy. This

 

Bill could have addressed the lack in safe truck stops and regulations to combat the loss of life and assets estimated to be more than R2 billion due to ongoing violence against the trucking sector. On average, at the current rate, 35 cases of truck attacks occur per month with an estimated 1 300 trucks that have been damaged and destroyed in the past 18 months. In this regard the DA will be making an announcement very shortly.

 

 

While most road users in the sector will agree that the taxi industry is in desperate need of reform, the National Land Transport Amendment disregarded them in this version. The DA propose measures to professionalise the minibus taxi industry with compulsory advanced driving skills, driver qualification, first aid, rescue training and formal employment.

 

 

While this version of the National Land Transport Amendment Bill in its current form remains disappointing, the DA will

 

 

promote further amendments to cover all the shortfalls. We will stand in our conviction that public transport should not be the cheapest way to get to work but should be the preferred way to get to work. The DA will remain constructive towards

 

improving mobility for an open and diverse opportunity to society for all.

 

 

IsiXhosa:

 

Ndiyabulela ngexesha enindiphe lona. [Kwaqhwatywa.]

 

 

Mr M M CHABANGU: Deputy Speaker, when the National Land Transport Amendment Bill was tabled before NA in April 2018, the Minister spoke at length about how the Bill is important to restructure and consolidate public transport in South Africa. We said it then and we will say it again that you cannot restructure and consolidate public transport in South Africa if the majority of the land is still in the hands of few white people.

 

 

Transport is at the core of spatial planning because everything we do is about the movement of goods and people. People and goods move between factories and households. You cannot restructure these movements within the current spatial framework wherein the majority of people live in places far from workplaces. You cannot build proper trains, rails or roads for buses.

 

We must expropriate all land without compensation and all land must be in the hands or custody of the state. We welcome the registration requirements for Uber drivers to prevent rape, sexual harassment and kidnapping of passengers as Uber drivers will need operating licenses. However, we warned the Minister and demonstrated that the failure to fully appreciate the Uber phenomenon is just a fragment of spatial reorientation and at the core of it; it is nothing but a new level of workers exploitation.

 

 

Since the Bill was debated in 2018, any Uber driver will tell you a similar story. They are overworked, underpaid, working in dangerous conditions and more of them are forced to drive road unworthy cars. We were hoping that the NCOP colleagues would appreciate our input but unfortunately, the fact that we are failing to consolidate legislation around overarching need to expropriate all land without compensation and understand the fragment of capital to free our people remains a biggest failure of the post 1994 government.

 

 

The EFF therefore still maintain that the Bill is misguided and we therefore reject it.

 

Mr K P SITHOLE: Hon Deputy Speaker, the National Land Transport Amendment Bill arises out of the need to cater for a new development that has raised the National Land Transport Act which came into operation in 2009. It seeks to address and make provision for various none-motorist and accessibility to transport; a revision of contracting arrangement for public transport; streamlining of administrative arrangement for operating license for the division of the hauling services; and a section of new definitions.

 

 

We remain concerned by the Bill’s framework which appears to be taking certain powers from local government and centralise it national government policy. The IFP continues to support federalist model which gives greater powers to local government which are better placed to address individually community challenges. This gives the power of government back to the people and that speaks to the true essence of democracy.

 

 

IsiZulu:

 

Asikwazi ukuthatha ukudla kwezingane siloku sikunikeza abantu bangaphandle.

 

 

English:

 

There is a need to address the mobility of citizens in the country and we welcome the access to transport and none- motorised transport at local government. Provision for a code of conduct for taxi operators and drivers by the Minister must foster a culture of safety. The majority of our people use taxi by means of transport and the people must take ownership of this industry to make the needed reforms they required.

 

 

The amendment Bill that allows the Minister for regulating information on the e-hailing such as routes, fears and details of the drivers must be welcome for the interest of the commuters. The IFP would like to propose a future consideration to integrate safety with technology in the space of the report where women are assaulted. As a result of their vulnerability in e-hailing cabs we call upon all drivers to apply for police clearance. Upon police clearance their status must be integrated into apps technology so that women have a sense that this driver has some degree of trustworthiness.

 

 

We cannot give true meaning to Women International Day and celebrate women if we do not put measures in place to protect their safety. So, the IFP does support the amendment.

 

Mr C M SIBISI: Hon Deputy Speaker, transport is an essential part of the development of any country. Despite the available modes of transportation, South African transport is still plagued with several challenges, as we are all aware of them. Therefore the provision of safe, accessible and affordable public transport infrastructure is a vital requirement for the socioeconomic development of South African population which is increasing daily.

 

 

We know that our modes of transport, more especially most of our poor people rely on public transport that are the rail, taxis and buses. However when we look at our trains how they have become unreliable these days, they are often overcrowded and underpoliced.

 

 

When we look at the mode of transport that is only accessible for the poor of the poorest which is minibus taxis, they also operate without licences and in some cases, they are also driven by unlicensed drivers.

 

 

IsiZulu:

 

Nakuba-ke kunjalo, Sekela Somlomo, sithi leli bhizinisi lamatekisi njengokuphela kwebhizinisi labantu abamnyama elikhulu elidinga ukuba liphathiswe ngokukhulu ukuqaphela

 

nokunakekela. Sinxusa ukuba uHulumeni asondele kulo ngendlela ehlelekile ukuze lizokwazi ukusiza ekufukuleni umnotho wezwe lethu.

 

 

Bese sibuka nale e-hailing noma lo Mthethosivivinywa uyo phinda ulethe isisombululo ekubhekaneni ngeziqu zamehlo phakathi kwenkampani yakwa-Uber nabanikazi bamatekisi.

Ukuhleleka kwalelibhizinisi kuyokwenza ukuba kuthuthuke umnotho futhi ke kube namathuba amaningi emisebenzi kubantu bakithi abamnyama. Ngakho ke sithi lo Mthethosivivinywa uyokwazi ke ukusiza, ukuqondisa nokunakekela lezo zidingo. Ngakho ke lo mthetho okubhungwa ngawo noma izigatshana ezichibiyelwayo kufanele siqinisekise ukuthi ziyosebenza futhi zisebenze ngendlela efanele.

 

 

English:

 

We support this Bill.

 

 

Mr W M THRING: Hon Deputy Speaker, the ACDP is cognisant of the attempt of this Bill to provide for the Transport Minister to make regulations in order to improve safety measures as well as to prescribe criteria and requirements for municipalities to enter into accounts for public transport

 

services. However due to time constrains, I will focus on the need to improved safety measures as contained in this Bill.

 

 

With a high rate of fatalities due to motor accidents particularly during the holidays or holy days periods in South Africa, it is imperative that safety measures are improved on our roads. One of the targets of the Sustainable Development Goals is to halve road traffic deaths by 2020. However in South Africa, road deaths over the last three or four years have seen an upward trend.

 

 

In the 2018 World Health Organisation, WHO, report on the global status of road safety, South Africa is ranked 159 of the 175 countries surveyed. Our road death toll expressed as a number per 100 000 inhabitants is higher than the world and Africa’s averages.

 

 

The ACDP agrees that outcomes of a longitudinal study conducted by SA National Road Agency Limited, Sanral, which found that safety education should be implemented transversally across all school subjects in order to optimally influence behaviour across generations. Most of the safety elements contained in the World Health Organisation report and the Haddon Matrix are present in South Africa ...

 

THE DEPUTY SPEAKER: Hon members, kindly lower your voices. You are too loud. I mean, we cannot hear the speaker.

 

 

Mr W M THRING: Thank you, Deputy Speaker.

 

 

The DEPUTY SPEAKER: Go ahead, hon member.

 

 

Mr W M THRING: Most of the safety elements contained in the World Health Organisation report and the Haddon Matrix are present in South Africa in one way or the other.

Unfortunately, corruption has crippled the system which regulates specifically law-enforcement the issuing of drivers licences and ensuring vehicle roadworthiness. This inhibits the system that must ensure safe roads.

 

 

Hon Deputy Speaker, if this Bill is to have positive effect, then more must be done to improve safety education in our schools which in turn will influence attitudes and behaviours.

 

 

The drivers licence testing regime also requires a significant overhaul to ensure driver skill and safety behaviour improvements. If this is not taken seriously, then there is little chance of improved safety levels and that road accidents in South Africa will be halved by 2020 as required

 

by the Sustainable Development Goals. The ACDP supports this Bill. I thank you.

 

 

Mr L E MC DONALD: Hon Deputy Speaker, I would like to thank all the previous speakers for their support of this Bill. The ANC appreciates your support of this Bill. You know, one of the biggest problems that we sit with in this country is that everything is always when it comes to transport it has become a big problem especially in the Western Cape.

 

 

However the grounding problem of the transport with Passenger Rail Agency of SA, Prasa, and the central line in the Western Cape is the land issue. People do not have land. They need land. They have encroached on the railway lines so that they can build their houses and their shacks. The people need land in this country. There will never be any peace or stability or any economic growth without land in this country. [Applause.]

 

 

We all stand here and talk about e-hailing, this and that. The taxi industry, the metre taxi industry and the e-hailing industry are the most unregulated industries in this country. It needs to be addressed. This Bill addresses most of those issues. As we grow the ANC will support this Bill and I support it. Thank you very much, Deputy Speaker.

 

Question put: That the Bill, as amended, be passed.

 

 

Question agreed to.

 

 

Bill, as amended, accordingly passed.

 

 

DEFENCE AMENDMENT BILL

 

 

(Consideration of Bill and Report thereon)

 

 

Mr V C XABA: Hon Deputy Speaker, thank you very much for the opportunity. The hon members will recall that this House took a resolution to resume the proceeding of the Defence Amendment Bill [B 18B – 2017] which was subsequently referred to the Portfolio Committee on Defence and Military Veterans for consideration. It is not a new matter. It was in this House – debated – passed - and then referred to the Select Committee on Security and Justice.

 

 

The objectives of the Bill is, to align the Defence Act 42 of 2002 with current operational requirements, enhance the operational efficiency and, improve the effectiveness of the Department of Defence in line with this expanded mandate in fulfilment of its Constitution. The committee concluded its

 

deliberation on the Defence Amendment Bill on the

 

26 February 2020. The committee unanimously approved a single amendment to section 103 of the Defence Act as proposed by the Select Committee on Security and Justice on 6 March 2019.

 

 

The amendment agreed to deal with amending section 103 in the Principal Act. Namely; that when any member of the defence force has been absent without leave for more than 30 days with a continuous period exceeding 10 calendar days and he is still absent, a board of enquiry must be convened by the officer commanding of the absent member to enquire into such absence. This section did not form part of the Bill as published for comments by the select committee.

 

 

On 3 December, this House granted the committee permission to consider the proposed amendment to the Bill. The committee subsequently informed the interested parties such as the Right2Know Campaign and the South African Defence Union, as well as publishing the invitation to comment on the parliamentary website.

 

 

We want to report that only one submission was received. The submission did not deal with section 103 subsection 1 as

 

requested in the invitation. The committee is convinced that the proposed amendment is consequential and necessary.

 

 

Therefore, we unanimously agreed to the amendment as proposed by the Select Committee on Security and Justice. The Portfolio Committee on Defence and Military Veterans therefore recommends that this House approves the amendment of the Defence Act No 42 of 2002. Thank you so much. [Applause.]

 

 

There was no debate.

 

 

The Chief Whip of the Majority Party moved: That the Bill, as amended, be passed.

 

 

Declarations of Vote:

 

Mr S J F MARAIS: Chair, the Bill which has already been approved by this House and now needs to consider the proposed amendment by the NCOP, deals with various issues from the military command to technical requirements, to align the Defence Act of 2002 and its amendment with the current departmental requirements and challenges.

 

 

We don’t have a problem to support the proposed amendment by the NCOP where a staff member must be reported after 10 days

 

of absent without leave compared to the original 30 days. While some issues have been raised before, such as the composition of the military command and the utilisation of reserve force members, others were introduced for the first time.

 

 

However, the committee needs to have regular oversight and get feedback reports into earlier on the following: Delegation of powers and assignment of duties to the secretary of defence and the chief of staff; employment of South African National Defence Force, SANDF, inside and outside of South Africa; security of military bases and vetting of service providers, consent of employers for the services of reserve force members, termination of service of regular force members and unlawful wearing of military uniforms.

 

 

Chairperson, absolute power corrupts absolutely. We as Parliament must assure that not too much power is vested in a very few individuals. We, the people of South Africa, must assure that the military command is always subjected to the Constitution of South Africa and its mandate to the Ministry of Defence and the Department of Defence. Chairperson, we support this amendment. Thank you very much.

 

Mr W T I MAFANYA: Chair, we debated the Bill in 2018 and pointed to the real challenges facing our defence force today. Since 2002 we have had one report after another detailing the extent of decline on our defence force. All the reports, including the latest report of 2015, points to how the defence allocation has continued to decline and this has been made worse by corruption inefficiencies in the system and lack of strategic direction of the entire defence. The results of this have been horrendous.

 

 

The defence force has lost serious capacity and capabilities and the proposed amendments only deal with administrative issues of the powers of the Secretary for Defence, the powers of the Minister to make regulations and the deployment of our forces in international missions. But we have also pointed out that the little capacity that has remained is underutilised.

 

 

We asked the Minister of Defence, last week here in this House, during questions and answers session, even though she seems not to know the facts, whether the defence force has construction capabilities. Because if they do, they should be deployed to build much needed infrastructure. They should in fact work with local government to build roads, houses, and

 

water and sanitation infrastructures in rural and remote areas.

 

 

The military has the potential to unlock economic benefits and create employment for our country as pointed out in all reports, but this does not happen. We could be training doctors, technicians, engineers and scientists – including women scientists and pilots.

 

 

There is no sense of urgency regarding our defence force capabilities and that is the reason why even the soldiers do not take instructions from the commander-in-chief because they do not take you seriously, Mr President. The Bill is addressing cosmetic issues while we are facing a real threat of collapse in the defence force. As a result, we reject this Bill. [Applause.]

 

 

Inkosi R N CEBEKHULU: Chairperson, quasi merit of this Bill in technical aligning the Defence Act No 42 of 2002 with current departmental organisational requirements in order to enhance the overall efficiency of the Department of Defence. For 2020, South Africa has achieved the ranking of 29 of 138 out of the countries considered for global fire power review.

 

Whilst on the face of it, this appears to be an acceptable military status. It belies, in my opinion, the actual state of defence’s readiness of our National Defence Force.

Infrastructure in all branches of our military is below standard and in urgent need of maintenance and replacement. Moral remains low amongst our active service men and women and ill discipline remains high.

 

 

Many members of the former protection and self-defence unit continue to find themselves being left out in the cold in a country that no longer values or recognises the great sacrifices and contributions they made during the struggle for our liberation of democracy. This is not the way that we should be repaying those valiant comrades.

 

 

The matter of integration should be kept open until all have been accommodated into the Defence Air Force. Let us not turn our backs on them. So, whilst technical amendments to legislation are a necessity, it must be given to reform amongst our rank and file soldiers – the brave men and women of the defence force. IFP supports the Bill. Thank you. [Applause.]

 

Mr A M SHAIK EMAM: House Chair, the NFP welcomes and supports the report table here today, particularly the amendment. I think it is a very simple amendment. It deals with one being absent from work for a continuous period of exceeding 10 calendar days. I think that speaks as simple as that.

 

 

The NFP just want to express some concern about the Cape Corps and the Khoisan Nation Self Defence Unit. I think the Cape Corps and the Khoisan Nation Self Defence Unit need to be given some attention because a lot of these soldiers were for many, many years ago part and parcel of the struggle in South Africa. They participated in the war that was... [Interjections.]

 

 

Mr M N PAULSEN: Chair, thank you for your indulgence. I just want to tell hon Shaik Emam that it is Cape Corps and not Cape corpse. A corpse is a dead person - it is a silent ash.

 

 

Mr A M SHAIK EMAM: Anyway, the man is seeking attention, Chair. Currently, the SA National Defence Force is experiencing some difficulties particularly with the high levels of sexual abuse cases that are in the media. It is a matter that needs attention.

 

My colleague from the EFF was correct that the SA National Defence Force members have great capacity particularly in the maintenance of roads, building and things like that. We need to take advantage of that and use them more effectively in the challenges we are facing. Public Works can go a long way and take advantage of the skills that we have in the SA National Defence Force. This goes for tens of years where these people have been well capacitated. The NFP believes that it is another area that we need to look at. In terms of the Bill that is front of us the NFP supports it. Thank you.

 

 

Mr W M THRING: Hon House Chairperson, our Defence Force will only be strong as the ability to plan and manage the fine details. It is the view of the ACDP that this Bill is an attempt to do that because it must be noted that it is the little foxes that have the potential to destroy the vine.

 

 

This Bill deals with the inclusion of the chief of staff in the command structure of the military and the clarification of the process thereof, the employment of the Defence Force outside of the Republic in accordance with international law and not constraint to the wording in section 18(1) referring to international waters as well as the simple fine of the

 

process of issuing identification cards to military police officials amongst others.

 

 

In addition to the above, the ACDP supports the amendment which provides for the making of rules with regard to the display of military decorations, medals and insignia and the use of military uniforms, distinctive marks and prests. With high levels of crime in South Africa it is important that these rules are in place in order to reduce the potential of the criminal element seeking to perpetuate crime as a military imposter in uniform.

 

 

The ACDP also support the provision in clause 15 for the regulating of the prohibiting of access to military areas. The invasion of our military airbase at Waterkloof is still fresh in the minds of many South Africans. It is hopeful that this clause, clause 15, will put an end to such a flagrant disregard for the rule of law and the safety of our citizens because if this is not done we will have many ambassadors in many other countries around the world. I thank you.

 

 

Mr T N MMUTLE: House Chair, we welcome the support that we got from the DA, ACDP, IFP and everybody except the EFF. Maybe they misunderstood the objective of the Bill. The Bill seeks

 

to enforce or empower the board of enquiry to deal with ill- disciplined internally within members. They come here and grandstand and highlight issues that are irrelevant to the Bill. We know for a fact that the SA National Defence Force has capabilities that we can attest to - the work that they are doing in the Vaal. And they are continuing. One of the things that they mentioned is the capability of the work formation of the SA Nationals Defence Force. They are doing lot in this country. You can go to the Eastern Cape, Limpopo and Northern Cape they are building bridges. They are assisting with those capabilities.

 

 

But when you have outsourced your thinking, and within a party there is only one person who think and you listen to what he says, you are sent to say things that you do not understand.

You reduce yourself into nothing but political zombies.

 

 

We appreciate the support from various political parties. The ANC supports this Bill. Thank you very much.

 

 

Mrs E N NTLANGWINI: Chair, I thought he was going be young enough to answer question, but he seems not to be young enough.

 

Question put: That the Bill, as amended, be passed.

 

 

Question agreed to (Economic Freedom Fighters dissenting).

 

 

Bill, as amended, accordingly passed.

 

 

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA AND THE INTERNATIONAL CENTRE FOR GENETIC ENGINEERING AND BIOTECHNOLOGY (ICGEB) ON THE ESTABLISHMENT OF AN INTERNATIONAL CENTRE FOR GENETIC ENGINEERING AND BIOTECHNOLOGY (ICGEB) COMPONENT IN THE REPUBLIC OF SOUTH AFRICA

 

 

Declarations of vote made on behalf of the Democratic Alliance, Economic Freedom Fighters, Inkatha Freedom Party, Freedom Front Plus, National Freedom Party and African National Congress.

 

 

Ms N T MKHATSHWA: Hon Chairperson of the House, hon members, most importantly; members of the science and innovation community back home, South Africa needs to be at the centre of research and innovation, we need to be global leaders of knowledge production, our research must be given the best facilities, the best tools and access to the best global spaces in order to produce the best research.

 

Therefore, we must safely move with approval of the host country agreement on the Cape Town component of the International Centre for Genetic Engineering and Biotechnology. The International Centre for Genetic Engineering and Biotechnology, ICGEB, is an intergovernmental organisation initially established as a special project of the United Nations Industrial Development Organisation, UNIDO. It has been completely autonomous since 1994 and runs 46 laboratories in Italy, New Dehli, India and Cape Town. Its member states now include 21 countries in Africa, nine in the Middle East, 13 in Europe, five in Central America and the Caribbean eight in South America and 10 in Asia.

 

 

Its core mandate is to achieve excellence in scientific research and training to transfer technology to industry in the field of biotechnology for sustainable global development applying the latest techniques. The ICGEB operates within the United Nations, UN, system and partners with other multilateral organisations. As governed by the board of governors made up of representatives from each member state, and the Council for Scientific Advisors composed of eminent scientists who oversee the scientific excellence of the centre.

 

South Africa became a member of the ICGEB in 2004 and began to host the African component in Cape Town in 2007 from the University of Cape Town. The ICGEB is largely funded by the government through the Department of Higher Education, Science and Technology. The host country agreement on the establishment of the ICGEB Cape Town component between South Africa and the ICGEB was signed on 18 March 2019, and it is thus being presented to the House for ratification.

 

 

Hon members, having such a research activity located in South Africa is beneficial in our attempt to increase and implement investment in research and development to 1,5% of the GDP. As such international state-of-the-art research promises to be attractive to private sector investment, which can play a pivotal role in increasing the GDP. In line with this, one must reiterate the call by the President for a social compact where government, business and society at large make a collaborative effort to increase the economic development and financial stability of South Africa.

 

 

Many might want to say from this side of the House that science somewhat does not relate to the issues that are presented to members of society, however, through the main three research areas of this ICGEB component in Cape Town:

 

firstly, through cancer genomics, or the research of cancer genomics; secondly, through the research of biopesticides and thirdly; the research of the cytokines and biosimilars, one would see how society directly benefits from such research.

First of all, there are many South Africans whose loved ones have lost their lives to cancer or continue to fight the battle against such a disease.

 

 

Taking into consideration how the genome of Africans varies from the genome of non-Africans, the research at the centre will assist us in understanding the increased weight of aggressive cancer in the African population. It will assist us in understanding on how we reduce the delay to treatment, how we better therapeutic targets, thus and improving therapy outcomes of patients. It will help us to better our diagnostic tools, thus being able to intervene earlier and thus being able to prevent such diseases.

 

 

 

Research in biopesticides considers – hon Didiza is not here anymore – that agriculture is a critical element to advancing food security, thus assists in curbing the challenge in South Africa and Southern Africa of the fall armyworm, which reduces crop yields substantially.

 

Regarding cytokines, many may understand that South Africans struggle with tuberculosis and other coinfections and the research in this particular area will endeavour to find definite answers in the interplay of the immunity of the body vis-à-vis the invasion of the virus on the body.

 

 

Regarding biosimulars, hon members, access to medicine is a fundamental right and one may understand that original biological medicines are often very expensive. So, at this particular centre we will be able to research on how we can produce biosimilar drugs, which will be at a lower cost and give more patients to access to medicine. With all this great research that is taking place at the ICGEB, access to opportunities at the centre must transcend the borders of the University of Cape Town, UCT. We want students from Bisho, Ongoye and Thohoyandou to have access to such centres.

 

 

There must be intersectional representation of the cohort leading and working at the centre. We want to make sure that at all material times the department makes sure that the people of South Africa are at the centre of the gains of such international improvements.

 

The HOUSE CHAIRPERSON (Mr C T Frolick): ... hon member, your time has now expired ...

 

 

Ms N T MKHATSHWA: ... we move for the approval of the host agreement between the ICGEB and the government of South Africa. I thank you.

 

 

There was no debate.

 

 

Declaration(s) of Vote:

 

IsiXhosa:

 

Mnu B B NODADA: Sihlalo siyabulela [Thank you Chair.]

 

 

English:

 

The DA supports the establishment of the International Centre for Genetic Engineering and Biotechnology. We do believe that Africa should lead the charge when it comes to science and innovation. By establishing partnerships of this nature it shows that South Africa is able to play a bigger role in the challenges that we face around health.

 

 

As we speak today, we have issues of Coronavirus, around education curriculum that can be able to utilise indigenous knowledge to solve local problems and South Africa’s problems.

 

By establishing centres of this nature we need to be able to recognise as South Africa and this government that we need to fund science and innovation more so that it has a broader role to play in what we are trying to achieve in terms of economic and social justice.

 

 

Indigenous knowledge is also very important in the spaces that we come from; the communities that are utilising underresourced spaces such as water, sanitation as well as electricity that can be able to partner with schools and establish a relationship in which that particular curriculum can be developed and enhance science and innovation. We need to think about science and innovation as a tool that we are able to use to solve our problems rather than something that is regarded as an elitist space. As far as the establishment of the International Centre for Genetic Engineering and Biotechnology is concerned - especially with South Africa and us being in Africa – we will be bale to lead the charge to make sure that science and innovation is a culture in this particular continent. The DA supports this step. [Applause.]

 

 

Mr M N PAULSEN: Thank you, House Chair. The EFF welcomes the agreement. We know that already we have the International Centre for Genetic Engineering and Biotechnology in South

 

Africa. The future of scientific research on infectious diseases, non-communicable diseases, medical biotechnology, industrial biotechnology and plant biotechnology are some of the characteristics of Industry 4,0 or the Fourth Industrial Revolution.

 

 

It is therefore important that as a country we invest in infrastructure, share research in development with the world and ensure that we do not lag behind. However, we are mindful that in an environment where everything that is technology advancement is to the benefit of the few rich and wealthy who have money. Some of these institutions we agree to as Parliament do not help our people.

 

 

A case in point is testing for the Coronavirus. We are told that a person will need R1,200 for a Coronavirus test. Where will our people get the money? What will happen when suddenly we have a backlog of results outstanding? We should agree to the establishment of these agreements, but we should insist that such institutions should be built in areas other than Cape Town, Johannesburg or Durban, where there already is an overconcentration of such resources.

 

We should also demand that the research and innovation from the institutions such as the ICGEB should bring jobs, research grants and new developments for all, not just for the few. The grants, fellowships and projects that are currently under way will be monitored closely. If we sense prejudices and preference for whites only, we will intervene decisively. Any technological innovation and advancement that does not benefit our people but only benefit the greedy, will be taking us backward and not forward. Thank you very much.

 

 

Mr S L NGCOBO: Hon Chairperson, biotechnology has been around since the agricultural revolution, from crops and livestock we selected to grow, to the domestic animals we took decisions to breed. In today’s biotechnology, researchers’ modified DNA and proteins to shape the capabilities of living cells of plants and animals into something useful for humans. Biotechnologies do this by sequencing or reading the DNA found in nature, and then manipulating it in a test tube or inside living science themselves.

 

 

Chairperson, biotechnology can be both a saving grace aiding and assisting humanity. But, it can also be weaponised to be used and to engineer unstoppable viruses. We have entered an era where we simultaneously can use biotechnology for good or

 

evil. For now though, many of the benefits about technology are concrete, while many of the risks remain hypothetical.

 

 

But here, we continue to urge precaution as it is always far more prudent to be proactive and understand the risks rather than to wait for something to go wrong first and then only attempt to address the damage thereafter. The IFP will therefore support these requests for approval subject to the precautionary principle and the assured responsible use of biotechnology under laboratory conditions with full oversight and accountability mechanisms in place. Thank you.

 

 

Dr W J BOSHOFF: Hon House Chair, genetic engineering and biotechnology is far from the neutral pursuit for knowledge and public benefit one would like it to be. On the one hand is the financial interest of multinational companies. They will definitely profit by having control over all agricultural input including seed and chemicals. With all these possible benefits, genetic engineering and biotechnology is also a possible method for reaching exactly that.

 

 

Afrikaans:

 

Dit is inderdaad in verskillende ontwikkelende lande in die wêreld gesien dat multinasionale maatskappye, iets wat eintlik

 

deel van die inheemse kennisstelsel is, hulle s’n maak en dan weer aan die boere terugverkoop. Dit is iets wat die gewone mense ontmagtig in plaas daarvan om hulle juis te bemagtig.

 

 

In Suid-Afrika was die regulatoriese omgewing in hierdie verband tot dusver nog so sterk, dat dit eintlik nie moontlik was nie. Dit is nogtans in die belang van hierdie multinasionale maatskappye, om in die eerste plek nie die arm mense en die kleinboere, of selfs die kommersiële boere van ’n land te bevoordeel nie, maar in die finale instansie, om hulle eie aandeelhouers, wat in die buiteland sit, te bevoordeel.

 

 

Nogtans is die tegnologie deur boere regoor die wêreld gebruik en aangeneem, juis omdat dit wel tasbare voordele inhou.

 

 

English:

 

On the other hand, the opposition to these technologies has made itself guilty of using serious sign so often that the rational discussion of the matter is well known impossible. Government as an institution should be the custodian of the public good, balancing the interests of the private and corporate citizens.

 

 

Afrikaans:

 

Dis ’n baie idealistiese stelling om te maak, want dit is selde dat die regering werklik die verskillende belange in ’n staat met mekaar balanseer. Ten minste is dit die gedagte dat korporatiewe burgers daarop geregtig is om wins te maak, terwyl private burgers se regte beskerm moet word.

 

 

English:

 

International entity should do the same on an international scale. Therefore, the FF Plus is in favour of the agreement between the Republic of South Africa, RSA and the International Centre for Genetic Engineering and Biotechnology, ICGEB. Thank you.

 

 

Mr A M SHAIK EMAM: Hon House Chair, the NFP notes the request for approval by Parliament between the government of the Republic of South Africa and the International Centre for Genetic Engineering and Biotechnology, ICGEB, on the establishment of an international centre in respect of the above. Now, this centre is an autonomous organisation. The International Centre for Genetic Engineering and Biotechnology was established in 1983 as a project of the United Nation’s development organisation.

 

Sixty-five member states across the globe are part of this centre and this project. An emphasis on research, advance education, etc, cannot be overemphasised. Now, in this House we have repeatedly spoke about wanting to do a lot more research, and I think that this is an opportunity for doing that. We also about African solutions for African problems, and yes indeed, this centre will go a long way in dealing with solutions to the African problems in the African continent.

 

 

The centre builds three component laboratories with over 45 ongoing research projects in infectious and noncommunicable diseases, medical, industrial and plant biology and biotechnology. It conducts research into advance education, international scientific meetings and courses, competitive grants for scientists including technology transfer to industry. The NFP welcomes this initiative and supports the request accordingly. Thanks.

 

 

The HOUSE CHAIRPERSON (Mr C T Frolick): Are there any further declarations?

 

 

Mr B S YABO: I am the guy who collapsed the DA in Tshwane. The ANC rises in support of this agreement. The ANC’s commitment to transformative science, technology and innovation is

 

articulated clearly in its resolutions and adopted at its various conferences. The 50th National Conference of the ANC highlighted the importance of science and technology in human resource development.

 

 

Science, technology and innovation are fundamentals to finding appropriate solution for any society to address socioeconomic challenges that confronts it. This will require investment in the innovation of new knowledge and technology. Through science, technology and innovation sector, the ANC continues to provide strategic leadership and co-ordination of the national innovation system. The principle of mainstreaming science, technology and innovation in the ANC government and the private sector remains a priority.

 

 

We are enjoined as per the National Development Plan, NDP, to ensure that science, technology and innovation play an increasing role in skills development. We are also enjoined to ensure that science plays an instrumental role in breaking new frontiers in fighting diseases. Hon House Chair, the approval of this agreement will not only ensure the above, but will also further the aims of the international centre for genetic engineering and biotechnology of strengthening its activities on the African continent.

 

The work undertaken at the Cape Town branch of the International Centre for Genetic Engineering and Biotechnology, ICGEB, has its focus on research that is geared towards addressing key needs of Africa. Its activities comprises of a major training component aimed at confronting key issues. The ICGEB plays a pivotal role in biotechnology as a measure to advance excellence, research, training and technology transfer to industry. This is to contribute to the attainment of sustainable global development.

 

 

Hon members, the benefits of South Africa being party to the ICGEB includes the following: Access to cutting edge scientific research in its laboratories in Trieste, New Delhi and Cape Town, advanced education supported by long-and short- term fellowships for PhD students and postdoctoral students, organisation of meetings, courses and workshops at the international level, competitive research grants for scientists in member countries, including early career return grants, technology transfer to industry for the production biotherapeutics and diagnostics, access to a state-of-the-art facilities in the three member states, provision of technical assistance and advisory services to member states, access to a worldwide network of biotechnology experts and advancing the achievement of the 2030 Agenda on Sustainable Development.

 

To demonstrate its proactiveness and ability to respond to the rapidly changing world of science and technology, the ICGEB proactively reacted to the outbreak of Covid-19, commonly known as the Coronavirus, to actively supporting local health authorities for diagnostic procedures, and has started research projects in the area of improved molecular and serological diagnosis, and of antivirus.

 

 

Last month, the ICGEB researchers from the universities of Cape Town and North West, joined Manu Prakash, the inventor of the Folkscope, a foldable optical microscope built from rudimentary components such as a mere sheet of paper and a lens, and held a Folkscope workshop at Spine Road High School in Mitchell’s Plain, Cape Town. Two hours was spent on an exciting hands-on workshop on the magic of Folkscope. This afforded these young, curious and agile science students the opportunity to explore the microcosm of the Indian Ocean from samples collected from a beach nearby.

 

 

This is in line with the ANC’s observation that there is a need to expose children and communities to science, technology and innovation. The committee noted the tax implications that cause the delay in the signing of this agreement. National Treasury does not exempt South Africans who are employed at

 

the ICGEB Cape Town component from paying tax. However, article 6(1) of the host country agreements states that:

 

 

With respect to all the official activities, the ICGEB, its assets, income and property shall exempt from all forms of direct tax, however, the ICGEB shall not claim exemption from taxes which are no more than charges for public utility services subject to South African tax legislation.

 

 

Nonetheless, the ANC commends the signing of this agreement despite the abovementioned delays, with the understanding that this agreement will be geared towards addressing key needs of the African population at large. We support the report. [Applause.]

 

 

The HOUSE CHAIRPERSON (Mr C Frolick): hon members, since there were objections, the report is agreed to.

 

 

The CHIEF WHIP OF THE OPPOSITION: House Chair.

 

 

The HOUSE CHAIRPERSON (Mr C Frolick): Yes hon member.

 

The CHIEF WHIP OF THE OPPOSITION: House Chair, I rise on the point of privilege read together with point 92 as well as point 89, together with 78. The hon Yabo started off his speech today by telling us quite proudly that he collapsed the Tshwane Metro. House Chair, I am in possession of court papers issued to the courts by the hon MEC Maile in which he claims that the DA collapsed the council. So, I would just like to personally extend my gratitude by thanking the hon member because it will save us a lot in legal fees now that he admitted who caused the collapsing of the Tshwane Metro. [Applause.]

 

 

The HOUSE CHAIRPERSON (Mr C Frolick): Hon member, I am sure that you would be able to resolve that matter outside the National Assembly. It’s not relevant to this debate.

 

 

CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF TREATY BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA AND THE GOVERNMENT OF THE REPUBLIC OF BANGLADESH ON EXTRADITION IN TERMS OF SECTION 231(2) OF CONSTITUTION, 1996

 

 

CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF TREATY BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA AND THE GOVERNMENT OF THE REPUBLIC OF BANGLADESH ON MUTUAL LEGAL

 

ASSISTANCE IN CRIMINAL MATTERS IN TERMS OF SECTION 231(2) OF CONSTITUTION, 1996

 

 

Mr G MAGWANISHE: House Chairperson, and hon members, the Report of Portfolio Committee on Justice and Correctional Services on the Extradition Treaty and on the Treaty on Mutual Legal Assistance in Criminal Matters between the government of the Republic of South Africa and the government of the People’s Republic of Bangladesh, signed on the 1st October 2019 and tabled in terms of section 231(2) of the Constitution.

 

 

On 18 November 2019, the Extradition Treaty and the Treaty on Mutual Legal Assistance in Criminal Matters between South Africa and Bangladesh were referred to the committee for consideration and report. The committee was briefed on both treaties on 18 February 2020 and reported on the treaties on 3 March 2020.

 

 

Section 231(2) of the Constitution provides that an international agreement only becomes binding after it has been approved by a resolution in both the National Assembly and the National Council of Provinces.

 

At present, no Extradition Treaty or Treaty on Mutual Legal Assistance in Criminal Matters exists between South Africa and Bangladesh. The mutual legal assistance between states becomes as necessary in the context of transnational crimes as with no agreement in place. It is often difficult to investigate and prosecute crime if the suspects’ key evidence, witnesses and experts or the proceeds of crime do not fall under the authority of the states concerned.

 

 

Therefore the committee, having considered the request that Parliament approves the ratification of the Extradition Treaty between the government of the Republic of South Africa and the government of the People’s Republic of Bangladesh; recommends that the National Assembly approves the ratification of the treaty in terms of section 231(2) of the Constitution.

 

 

The committee, having considered the request that Parliament approves the ratification of the Treaty on Mutual Legal Assistance in Criminal Matters between the government of the Republic of South Africa and the government of the People’s Republic of Bangladesh; recommends that the National Assembly approves the ratification of the treaty in terms of section 231(2) of the Constitution of the Republic of South Africa. I thank you. [Applause.]

 

There was no debate.

 

 

Mr W HORN: House Chairperson, treaties are said to be the building blocks of modern international law, and in world of international status and influence, the ability to conclude a treaty with another country is often seen as evidence of political ability to understand international relationships.

 

 

Treaties in terms of which states agree upon mutual legal assistance, like the one under discussion, typically deal with three forms of assistance which parties to a treaty would give one another: operational co-operation, which would be intelligence sharing, conducting joint co-operations and co- operation between law enforcement agencies; international legal assistance in investigative and criminal prosecution, like execution of proceedings, extradition and the transfer of criminal prosecution; and legal assistance at the stage of legal enforcement. These concerns, above all, and have interest to South Africa’s fulfilment of request for enforcement of court rulings regarding property confiscation in cases of corruption and money laundering.

 

 

Mutual legal assistance could be beneficial in the fight against corruption and more specifically to not only bring to

 

book those who have benefitted from corruption in one of the countries who are a citizen or resident of either of these countries, but also to recover the ill-gotten gains which have been moved from the one country to another.

 

 

While these treaties are important and possibly handy tools in the fight against crime, and must be supported, it is important that we as the legislature must also reflect on the inherent weaknesses built into these treaties, which becomes domesticated into our own body of law by our adoption thereof.

 

 

This weakness in essence, is the fact that there is very little which one country can do to enforce implementation by the other. Despite these treaties placing very definite obligations on the party states to assist one another, local political considerations and unfortunately even the susceptibility of the actors within the government of states to be corrupted themselves, have a seriously limiting impact on real mutual assistance.

 

 

While we support the Mutual Legal Assistance Treaty under discussion, we must urge that in future, more modern elements of mutual legal assistance treaties must be looked into carefully by our government when entering into these treaties.

 

Including matters like interviewing witnesses via video conferencing during investigations, the establishment of joint investigative task teams, as well as the establishment of a joint enforcement structure could all be elements of modern treaties which could realise that mutual legal assistance becomes a reality.

 

 

Regarding extradition, it is so, that the United Nations has pointed out that in the extradition process the challenges are very similar to with those of mutual legal assistance.

Different legal systems and frameworks need to be reconciled. Despite the legal differences, there are several principles on which extradition can be agreed upon that are common to most countries and probably the most common principle is the so- called double or dual criminality, which demands that the alleged offence must be a criminal offence in both countries.

 

 

According to the principle of nonextradition of nationals, many states decline any obligation to surrender their own citizens.

 

 

We are satisfied that in respect of the current treaty that our own citizens’ constitutional rights are being protected by the established principle and that we cannot extradite in the

 

absence of certainty that the death penalty would not be imposed or implemented. We therefore, support these treaties. Thank you. [Applause.]

 

 

Ms T P MSANE: House Chairperson, criminal networks have become global players in the economy, and as a result, it is important to have these treaties and agreements to assist each other as countries are becoming more vulnerable. Criminals should not find it easy to come to South Africa and commit crimes and easily get away by leaving to another jurisdiction like Bangladesh or Dubai.

 

 

While we do not object to these treaties, what is concerning is how the Department of Justice and Correctional Services together with the South African Revenue Services, Sars, and the South African Reserve Bank, SARB, continue to treat financial crimes as soft crimes.

 

 

Illicit financial flows are crippling South Africa’s ability to collect maximum taxes. Treaties are signed without the inclusion of aggressive financial crimes that involves multinational companies, banks and auditing companies. When are we going to see prosecution of banks that are involved in moving laundered money? When are we going to see prosecution

 

of auditing companies that are concealing laundered money? When are going to see directors of multinational companies going to jail for aggressive tax avoidance that deny the government taxes to build schools, hospitals, water infrastructure and roads?

 

 

We must confront financial crimes with the same energy and zeal the same way we are pursuing the Guptas. All treaties must help us to catch perpetrators of illicit financial flows. I thank you. [Applause.]

 

 

Prof C T MSIMANG: House Chairperson, in line with my predecessors, this declaration is going to cover both treaties, namely; the Treaty on Extradition and the Treaty on Mutual Legal Assistance.

 

 

The combating, investigation and prosecution of international criminal acts is a steadily rising concern. It is, therefore, the responsibility of nation states to mutually assist each other in its prevention and prosecution as it respects no sovereign boundaries.

 

 

The agreement with the government of the Republic of Bangladesh and the government of the Republic of South Africa

 

on extradition and mutual legal assistance in criminal matters will provide formal legal channels which will assist in the investigation and prosecution of some of the most serious international crimes, including crimes against humanity and the illicit trafficking of arms, drugs and wildlife.

 

 

International crime is a crime against humanity and its perpetrators should find no safe harbour on this planet as we strive towards a global society of peace and goodwill to all.

 

 

The IFP supports the request for the approval by this House of these two international agreements. I thank you.

 

 

Declarations of votes Contd:

 

Mr P MEY: Hon House Chair. It is generally accepted that once a crime has been committed, it should be investigated. The perpetrator should stand trial for the conviction and punished for the unlawful conduct. The physical surrender by one state at the request of another, of a person who is either accused or convicted of a crime, is therefore a requirement.

Considering the fact that international law does not provide for a state to surrender an alleged criminal to a foreign state because of a principle of sovereignty, the FF-Plus welcomes the treaties. However, hon Chair, ...

 

Afrikaans:

 

Daar is ’n “maar”. Die Suid-Afrikaanse regsprekende gesag en wetstoepassingsagentskappe sal hulself moet opskerp, om gestand te doen en reg te laat geskiet aan alle die ... [Onhoorbaar.] ... en ooreenkomste tussen Suid-Afrika en ander lande.

 

 

Nadat die Minister van Justisie deur die diplomatieke kanale amptelike versoek om uitlewering ontvang het, en die kennisgewing vir arrestasie deur ’n landdros uitgereik is, gaan effektiewe wisselwerking tussen die SA Polisiediens, die Departement van Jusitisie en die diplomatiekediens uiteindelik die sukses bepaal.

 

 

Dit is reeds gemeensaak en bekend dat hierdie agentskappe onder druk verkeer. Dankie.

 

 

Mr A M SHAIK EMAM: Hon House Chair, the NFP welcome the report of the Department of International Relations tabled here.

Extradition treaties between all countries should and must be encouraged. Time and again, those responsible for fraud corruption, murder, rape, acts of terrorism and money laundering evade the law in their respective countries. They often settle in countries that do not have extradition

 

treaties, making it very difficult and often impossible to enforce the law.

 

 

The NFP welcomes the treaty between South Africa and Bangladesh. Entering into a treaty is important, but more important is the implementation of such treaties. The NFP welcomes the treaty. We call on government to ensure that countries observe the highest level of protection of human rights. I think this is one aspect that we have to be very careful about.

 

 

While treaties will exist – extradition treaties – there are some countries in this world that have got - if I may say – the lowest level of human rights or the highest level of human rights abuses. So, we must be careful that these treaties that we enter into with different countries must not take advantage of that and violate human rights of people around the globe.

 

 

We acknowledge comments that were made by the foreign minister of Bangladesh, A K Abdul Momen, that thousands of Bangladeshi citizens live in South Africa and sometimes commit serious and violent crimes against fellow Bangladeshis. We seem to have had this problem even with Pakistanis and I think the Minister of Police will allude to that.

 

Among the Pakistanis, we have been having a lot of kidnappings for ransoms. These crimes are conducted here in South Africa but they have their organisations led from areas like Pakistan. So, the NFP is of the opinion that this extradition treaty will go a long way in bringing these perpetrators to book. The NFP supports the treaties. Thank you.

 

 

Adv H MOHAMED: Hon House Chairperson, members of the House, fellow compatriots, the ANC rises in support of the request for the approval of the treaty between the Government of the Republic of South Africa and the Government of the Republic of Bangladesh on extradition and the treaty on mutual legal assistance in criminal matters.

 

 

In pursuing our international relations objectives, the ANC takes guidance from the Freedom Charter, which states and I quote, “There shall be peace and friendship.” Two of the six guiding pillars which anchor the ANC’s international work are: Building a better Africa and the world; and continental and international solidarity.

 

 

Relationship between Bangladesh and South Africa were initiated during President Mandela’s inauguration back in 1994. Over the years, we have seen South Africa have forged

 

bonds of solidarity, friendship, co-operation and socioeconomic relations. South Africa’s export items to Bangladesh, for example, include citrus fruits, mineral products, chemical, iron and steel products. South Africa’s main import items from Bangladesh include clothing textiles, leather and leather products.

 

 

One of the fundamental principles of international law is state sovereignty. State sovereignty entails the state’s legal independence from other states, such as: No state has a right to dictate or command any state to take a particular action.

So, the principle of sovereignty also finds force in article

 

27 of the UN Charter which protects matters that are within the jurisdiction of state from external interference.

 

 

By virtue of that, states exercise authority over persons within their territories, and this include individuals suspected of committing or charged with crimes in foreign jurisdictions. International law generally imposes no obligation to surrender individuals suspected of or charged with committing crimes in foreign states. Fugitives may only be returned when an agreement exist between states concerned.

 

Generally, in the absence of an extradition treaty, states are not obliged to surrender an alleged criminal to the foreign state. Therefore, extradition takes place only by way of an agreement between the states. In this light, these two treaties presented here today become essential because both states derive mutual benefits from them.

 

 

According to article 4, members of the treaty provide for discretionary refusal of a request if the offence is punishable by death under the law of the requesting country, unless there is assurance of course that the death penalty will not be imposed. As we all know in this House, in terms of the Constitution’s section 132(2), the Constitution provides that an international agreement becomes only binding if both Houses approves.

 

 

So, this extradition treaty and treaty on the request for mutual legal assistance in criminal matters therefore reaffirms the state’s concern about the magnitude of acts of international terrorism as well as organised crime.

Essentially, the state parties to treaties agree to extradite each other’s persons who have been charged with committing crime or who have committed a crime. In this order, the legal assistance is of necessity.

 

Understanding that the states cannot perform optimally without the co-operation of other states, the ANC remains committed to co-operation, peace, friendship and fighting crime to ensure better Africa and a better world. The ANC therefore supports these two treaties. I thank you. [Applause.]

 

 

The HOUSE CHAIR (Ms M G BOROTO): thank you, hon member. Hon members, since the two orders were combined in the declarations, I will start with the Fourth Order: Are there any objections to the approval of the treaty between the Government of the Republic South Africa and Government of the Republic of Bangladesh on extraditions as it appears on the Order Paper?

 

 

No objections.

 

 

Treaty between the Government of the Republic of South Africa and the Government of the Republic of Bangladesh on Extradition accordingly approved.

 

 

On the Fifth Order: Are there any objections to the approval of the treaty between the Government of the Republic South Africa and Government of the Republic of Bangladesh on mutual

 

legal assistance in criminal matters as it appears on the Order Paper?

 

 

No objections.

 

 

Treaty between the Government of the Republic of South Africa and the Government of the Republic of Bangladesh on Mutual Legal Assistance in Criminal Matters accordingly approved.

 

 

DECISION OF QUESTION ON REPORT OF JOINT STANDING COMMITTEE ON FINANCIAL MANAGEMENT OF PARLIAMENT ON PARLIAMENT OF REPUBLIC OF SOUTH AFRICA’S 2019-20 MID-YEAR PERFORMANCE

 

 

There was no debate.

 

 

Question put: That the Report be adopted.

 

 

Report accordingly adopted.

 

 

DECISION OF QUESTION ON REPORT OF PORTFOLIO COMMITTEE ON HIGHER EDUCATION, SCIENCE AND TECHNOLOGY ON NATIONAL STUDENT FINANCIAL AID SCHEME 2018-19 FINANCIAL AND SERVICE DELIVERY PERFORMANCE

 

There was no debate.

 

 

Question put: That the Report be adopted.

 

 

Report accordingly adopted (Democratic Alliance and Economic Freedom Fighters dissenting).

 

 

DECISION OF QUESTION ON REPORT OF PORTFOLIO COMMITTEE ON HIGHER EDUCATION, SCIENCE AND TECHNOLOGY ON COLLOQUIUM ON FUNDING OF POSTSCHOOL EDUCATION AND TRAINING SECTOR

 

 

There was no debate.

 

 

Question put: That the Report be adopted.

 

 

Report accordingly adopted (Economic Freedom Fighters and Freedom Front Plus dissenting).

 

 

TAKE 104 - STARTS AT 16:17 EIGTH ORDER

 

 

EASTERN CAPE LEGENDARY RUNNER DIES

 

 

 

(Draft Resolution)

 

Ms V P MALOMANE: Thank you, hon Chairperson. I rise on behalf of the ANC to move without notice:

 

 

That the House –

 

 

(1) notes with sadness the passing on of the Eastern Cape legendary runner, Mxolisi Myendeki, at the age of 73 after he collapsed and died of a heart attack during the Buffs Half Marathon on Sunday, 1 March 2020;

 

 

(2) understands that Myendeki was a dedicated father and a devout member of the Westbank Seventh-day Adventist Church where he served as a personal ministries leader;

 

(3) remembers that he qualified as a physiotherapist, obtained a Bachelor of Administration degree and later obtained a degree in horticulture from Unisa;

 

 

(4) further remembers that his first job was as a teacher at Bethel College and he went on to teach at Carletonville, Mount Coke, and then worked as a physiotherapist at Cecilia Makiwane Hospital;

 

(5) understands that he started running at 55, joined the Adventist Athletics Club in 2017 and was a consistent competitor at popular half-marathons in the Eastern Cape; and

 

 

(6) conveys its heartfelt condolences to his wife Thembisa and three daughters, Siyanda, Unathi, and Akona Myendeki, and a granddaughter.

 

 

Agreed to.

 

 

SOUTH AFRICA’S BLIND CRICKET TEAM COMPETE IN FIRST BLIND CRICKET SERIES

 

 

(Draft Resolution)

 

 

Ms B M VAN MINNEN: Thank you, House Chair. I hereby move on behalf of the Democratic Alliance:

 

 

That this House –

 

 

(1) notes that South Africa’s Blind Cricket Team just competed in the first blind cricket series against New Zealand’s Blind Cricket Association;

 

(2) further notes that Blind Cricket South Africa competed in five Twenty20, T20, matches and two One Day Internationals matches hosted in the City of Cape Town;

 

 

(3) acknowledges that their coach, Michael Da Silva, used this series to assess the strength of the team in the build-up to the T20 Blind Cricket World Cup in England next year;

 

 

(4) recognises that the discipline includes both totally blind and partially sighted players in a team, and follows similar rules to normal cricket, with slight modifications to assist players with the playing of the game; and

 

 

(5) congratulates the team for winning the T20 series 5-

 

0 and One Day International, ODI, series 2-0.

 

 

Agreed to.

 

 

NKANGALA STUDENTS SLEEP OUTSIDE THE PRECINCTS OF THE COLLEGE

 

 

 

(Draft Resolution)

 

Ms E N NTLANGWINI: Thank you, House Chair. I rise on behalf of the Economic Freedom Fighters:

 

 

That the House –

 

 

(1) notes the plight of students at the Nkangala Technical and Vocational Education and Training, TVET, college who have been sleeping outside the precincts of the college central offices;

 

 

(2) further notes that the students were chased out of their accommodation because the National Student Financial Aid Scheme, NSFAS, did not pay their accommodation allowance;

 

 

(3) understands that hundreds of students are sleeping out in the cold, in toilets, study centres, and in libraries, while being expected to continue with their studies and pass;

 

 

(4) further understands that at Walter Sisulu University, Fort Hare University, University of Venda, Vhembe TVET college, Cape Peninsula University of Technology, and in many other

 

institutions, students are crying and living in danger, and female students are allegedly being raped;

 

 

(5) believes that, unless there is an urgent intervention at Nkangala TVET college, it is only a matter of time before reports are received of students being murdered or raped, as the ANC just waiting for crisis;

 

 

(6) calls on student bodies, community leaders and civil society to intervene where possible, and assist students with food, water, sanitary towels and a temporary place to stay; and

 

 

(7) further calls upon the Department of Higher Education, Science and Technology to assist in finding alternative accommodation for the students in state-owned buildings that are just sitting there as white elephants.

 

 

Agreed to.

 

 

REBURIAL OF DR ALFRED BATHINI XUMA

 

(Draft Resolution)

 

 

Mr J B MAMABOLO: Hon Chairperson, the ANC moves without notice:

 

 

That the House –

 

 

(1) notes the reburial of the liberation struggle hero, Dr Alfred Bathini Xuma, on Sunday, 8 March 2020, at his birthplace in KwaManzana village, Engcobo;

 

 

(2) acknowledges that Dr Xuma, one of the first African South Africans to become a medical doctor, passed away in January 1962 in Johannesburg after a life of selfless service to justice and humanity and was buried at the Brixton Cemetery in Johannesburg;

 

 

 

(3) remembers that in 1940 he was elected President of the mighty African National Congress where his vision of calling for the ANC to rekindle the African political initiative in South Africa led to the establishment of the both the Women’s and the ANC Youth Leagues;

 

(4) recalls that in 1947 the “Three Doctors” Pact was signed by Dr Xuma together with Dr Monty Naicker and Dr Yusuf M Dadoo, which was a ground breaking historical agreement cementing relations of African, Coloured and South Africans of Indian descent in the liberation struggle;

 

 

(5) welcomes President Ramaphosa’s decision to declare the reburial of Dr Xuma’s remains as a special official funeral category one service; and

 

 

(6) conveys its heartfelt condolences to the family of Dr Alfred Xuma.

 

Agreed to.

 

 

DURBAN HOSTS FIFTH FORBES AFRICA 2020 LEADING WOMEN SUMMIT

 

 

(Draft Resolution)

 

 

Ms L L VAN DER MERWE: House Chairperson, I hereby move without notice on behalf of the Inkatha Freedom Party:

 

 

That the House –

 

(1) notes that KwaZulu-Natal hosted the 5th Forbes Africa 2020 Leading Women Summit in Durban on Friday, 6 March 2020, under the theme Power with Purpose;

 

 

(2) further notes that Ms Zinhle Jiyane, also known as D J Zinhle, won the Forbes Women Africa Entertainer Award, Ms Aisha Pandor won the Forbes Women Africa Technology and Innovation Award and Minister Nkosazana Dlamini-Zuma won the Forbes Women Africa Legacy Award;

 

 

(3) congratulates them for their noteworthy achievements and for being recognised as women of purpose, women of courage and an inspiration to many on the African continent;

 

 

(4) acknowledges that Forbes magazine recently published its list of Africa’s most powerful women, which included 18 South African women, amongst them: Mrs Graça Machel, Charlize Theron, Thuli Madonsela, Caster Semenya and Bonang Matheba, to name but a few;

 

(5) applauds the achievements of all 18 South African women for being recognised amongst the continent’s leading women;

 

 

(6) further acknowledges that many women in South Africa continue to face severe challenges and many hardships; and

 

 

(7) calls on this House to, while celebrating the achievements of South Africa’s women, unite ones more and fighting gender-based violence and closing the inequalities and overcoming the injustices many South African women continue to face.

 

 

Agreed to.

 

 

FIRES BOLAND AND WYNBERG AREAS CAUSE PANIC

 

 

(Draft Resolution)

 

 

Mr W W WESSELS: Deputy Speaker, I move without notice:

 

 

That the House –

 

(1) notes that several fires in the Boland and Wynberg areas have caused severe devastation;

 

 

(2) also notes that this has led to the closure of important transport routes and threatened the local farming communities, their property and livelihoods;

 

 

(3) further notes that these fires have now destroyed over 11000 hectares;

 

 

(4) notes that local fire departments working on fire ground teams and pilots have worked tirelessly in shifts of as long as 24 hours to get the fire under control in conditions of extreme heat, wind and dangerous circumstances; and

 

 

(5) congratulates these firemen and working on fire teams for their tireless efforts to bring these fires under control.

 

 

Agreed to.

 

 

GUN BATTLE DURING ROBBERY CLAIMS THE LIVES OF TWO HAWKS OFFICIALS

 

(Draft Resolution)

 

 

Ms M J MOFOKENG: Deputy Speaker, I move without notice:

 

 

That the House –

 

 

(1) notes with concern the deaths of two members of the Hawks, who died in a gun battle during cash in transit robbery in the North West province on Thursday, 5 March 2020;

 

 

(2) further notes that three alleged gang members were shot dead and four others arrested during the shooting;

 

 

(3) sadly acknowledges that Detective Warrant Officer Delene Grobler and Detective Sergeant Wynand Herbst were fatally shot;

 

 

(4) understands that three AK47 rifles, two 9mm pistols, a bakkie and a minibus were seized by the law enforcement officers;

 

(5) acknowledges that a bigger team has been assembled under an experienced brigadier to deal with the organised criminal group that attacked the cash in transit vehicle; and

 

 

(6) conveys its sincere condolences to the family and relatives of the deceased officers.

 

 

Agreed to.

 

 

GARY PLAYER TO RECEIVE THE PRESIDENTIAL MEDAL OF FREEDOM

 

 

(Draft Resolution)

 

 

Ms M E SUKERS: Deputy Speaker, I move without notice

 

 

That the House –

 

 

(1) notes that retired South African professional golfer and philanthropist, Gary Player, is to receive the Presidential Medal of Freedom at the White House in Washington DC;

 

(2) recognises that during his career span in seven decades in which he achieved 165 victories world wide, Gary Player has received numerous awards in accolades including the order of Ikamanga in 2013 for his exceptional achievements in sport;

 

 

(3) congratulates Mr Player who to date will be just one of six professional golfers to receive the Presidential Medal of Freedom; and

 

 

(4) we are very proud of his notable contribution to sport and charities both in South Africa and across the world.

 

 

Agreed to.

 

 

THREE PEOPLE DIED AND EIGHT INJURED IN A MOTOR ACCIDENT ON THE R408 BETWEEN IDUTYWA AND ENGCOBO

 

 

(Draft Resolution)

 

 

Mr N L S KWANKWA: Deputy Speaker, I move without notice:

 

 

That the House –

 

(1) notes on 7 March 2020 in the afternoon three people died and eight others including a 9-month-old bay were left injured after Toyota Avanza overturned on the R408 between Idutywa and Engcobo;

 

 

(2) further notes that the car was coming from Idutywa and going to surrounding villages when the accident happened about 15km from Idutywa;

 

 

(3) acknowledges that according to survivors the car had overtaken five cars and rolled after the front wheel came off the vehicle and that most of the casualties injured were rushed to Butterworth Hospital by ambulance and the twins were taken to Idutywa health care centre by a private vehicle;

 

 

(4) sends its condolences to the families of the deceased and wishes a speedy recovery to the twins and others who are injured; and

 

 

(6)        calls on the Department of Transport to investigate these accidents and clamp down on the use of unroadworthy and to ensure that those who break our

 

 

 

 

 

(7)

 

Agreed to.

 

laws and the rules of the road are brought to the book.

 

 

 

 

Mr G G HILL-LEWIS (Point of order): Madam Chair I would just like to remind hon Kwankwa of the verse that says what comes out of the heart [Interjections]

 

 

The HOUSE CHAIRPERSON (Ms M G Boroto): That’s not a point of order. Please sit down. Sit down!

 

 

WESTERN CAPE DEPARTMENT OF ECONOMIC DEVELOPMENT AND TOURISM LAUNCHES INTRODUCTION TO EARLY STAGE INVESTING ONLINE COURSE

 

 

(Draft Resolution)

 

 

Mr Z N MBHELE: Ngiyabonga uSihlalo. [Thank you Chairpereson.] The hon Kwankwa must please come and see me after this to sign a membership form. On behalf of the DA I hereby move without notice:

 

 

That the House—

 

(1) notes that the Western Cape Department of Economic Development and Tourism has launched an Introduction to early-stage investing online course to encourage more South Africans to consider investing in early- stage startups;

 

 

(2) further notes that the seven-module video series gives viewers insights into the early-stage investment landscape, enabling course participants to explore topics such as sourcing, assessing and making an investment, and to learn about regulatory issues affecting investors in South Africa;

 

 

(3) acknowledges that early-stage funding is consistently raised as an issue that is stifling start-up growth, thus making this course a valuable mechanism to support the growth of the Western Cape’s technology sector; and

 

 

(4) encourages other provincial governments to emulate this initiative in order to grow the number of startups in their provinces that will contribute to growing the economy and creating jobs.

 

Agreed to.

 

 

FEES MUST FALL ACTIVIST MCEBO DLAMINI’S JUDGEMENT

 

 

(Draft Resolution)

 

 

Mr P P KEETSE: Thank you very much. On behalf of the EFF I hereby move without notice:

 

 

That the House—

 

 

(1) notes the judgement against the Fees Must Fall activist Mcebo Dlamini by the Johannesburg Magistrate’s Court;

 

 

(2) further notes that Mcebo Dlamini was prosecuted for his involvement in the Fees Must Fall movement in 2016;

 

 

(3) also notes that he, like many other Fees Must Fall activists, is a courageous fighter for economic freedom in our lifetime;

 

(4) recognises that his contribution to the struggle for free, decolonised education, decent student accommodation, food and books is a contribution that cannot be erased from our history;

 

 

(5) further recognises that to many Mcebo Dlamini will remain an example to those who dare to defend the right of a black child to educate;

 

 

(6) also recognises that such a revolutionary act should be celebrated, not according to the interpretation ... how you would ordinarily interpret malicious damage to property according to Cyril Ramaphosa’s courts.

 

 

(7) acknowledges that when students protest, any weapon to remove a rubbish bin from a wrong place to a right place is regarded as malicious damage to property;

 

 

(8) also acknowledges that the reality is that students activists have never embarked on a vigorous ... [Inaudible] ... during their strike;

 

 

(9) wishes Mcebo Dlamini strength and energy in these dark times;

 

Mr L E MCDONALD: Point of order!

 

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Hon member, please take your seat. Hon member, please take your seat. I’m switching off your microphone. Let’s first take a point of order. I know you’re not done. What is the point of order?

 

 

Mr L E MCDONALD: ... [Inaudible.] ... call the member by his first name. It’s President Cyril Ramaphosa or hon Ramaphosa.

 

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Hon member, let’s please remember Rule 82 where you have to call every member by his name, not just ... as in President or the hon ... [Inaudible.]

 

 

Mr P P KEETSE: Thank you very much. It looks like Mr Ramaphosa’s courts of law do not know how to interpret malicious damage to property.

 

 

(10) understands that every time student activists embark on a protest and they happen to remove or move a rubbish bin from a wrong place to a right place, that is regarded as destruction to property. [Time expired.]

 

The motion without notice having been objected to becomes a notice of motion.

 

 

The HOUSE CHAIRPERSON (Ms M G Boroto): We are now with the ANC. [Interjections.] Order hon members! We continue. The ANC, it’s your slot. Order!

 

 

THE TREVOR NOAH PODCAST

 

 

(Draft Resolution)

 

 

Ms R C ADAMS: Thank you Chair. On behalf of the ANC I hereby move without notice:

 

 

That the House—

 

 

(1) welcomes Luminary’s recent expansion into the South African market, where local fans of Trevor Noah will now have full access to Trevor’s podcast;

 

 

(2) notes that Trevor’s podcast, simply named The Trevor Noah Podcast, is an excellent mix between light- hearted talks and hard-hitting discussions;

 

(3) further notes that he is joined by fellow comedian David Kibuuka;

 

 

(4) also notes that Trevor is delighted that South Africans will now be able to form part of these discussions, and admits that the friendship shared with David is key;

 

 

(5) understands that once Trevor and David get behind those microphones it’s that connection that keeps the conversation going and the listener fixated;

 

 

(6) also understands that Trevor’s missing of home was an important factor in him beginning this different forum, which explores a different side of himself, and where one can tune into the discussions with Trevor Noah and David Kibuuka; and

 

 

(7) congratulates Trevor on another significant milestone in his stellar career and ... [Inaudible.] [Time expired.]

 

 

The motion without notice having been objected to becomes a notice of motion.

 

MINISTER PATRICIA DE LILLE ANNOUNCES TEN PUBLIC PROPERTIES ALLOCATED AS SHELTERS FOR WOMEN AND CHILDREN VICTIMS OF ABUSE

 

 

(Draft Resolution)

 

 

Mr S N AUGUST: On behalf of GOOD I move hereby without notice:

 

 

That the House—

 

 

(1) notes that South Africa has one of the highest incidences of domestic violence in the world;

 

 

(2) further notes the recent announcement by Minister Patricia de Lille of the release by the Department of Public Works and Infrastructure of the first batch of

10 public properties that will be allocated as shelters for women and children victims of abuse;

 

 

(3) understands that the benefits these shelters will provide to at-risk women and children are in Johannesburg, Tshwane, the Garden Route, the West Coast and the Central Karoo;

 

(4) further understands that the department plans to release properties in all nine provinces;

 

 

(5) also understands that these releases will increase the number of shelters by more than 37% in the Western Cape alone;

 

 

(6) congratulates Minister De Lille and the partnering provincial and national government departments that are involved in this intergovernmental partnership; and

 

 

(7) looks forward to the promised further releases in other provinces soon and challenges all provincial and local governments to also release properties belonging to them for gender-based violence centres.

 

 

Agreed to.

 

 

BHEKI MKHIZE BRUTALLY MURDERED

 

 

 

(Draft Resolution)

 

Mr C H M SIBISI: Thank you Madam Chairperson. On behalf of the NFP I hereby move without notice:

 

 

That the House–

 

 

(1) notes the brutal murder of Bheki Mkhize, a former councillor of ward 89 in the Durban metro;

 

 

(2) also notes that Bheki Mkhize passed on at the age of

 

64 years and was shot six times in the head;

 

 

(3) further notes that Mr Mkhize committed his life to serving his constituency and without fail modelled the essence of ubuntu;

 

 

(4) extends its heartfelt condolences to the Mkhize family; and

 

 

(5) wishes that Mr Mkhize’s soul rests in peace.

 

 

Agreed to.

 

 

THREE MINERS DIE AT ANGLOGOLD IN ROCKFALL CAUSED BY TWO MAGNITUDE EARTHQUAKE

 

(Draft Resolution)

 

 

Mr M J WOLMARANS: On behalf of the ANC I hereby move without notice:

 

 

That the House—

 

 

(1) notes with sadness the passing on of three miners after a level two magnitude earthquake caused an underground rockfall at AngloGold on Thursday,

5 March 2020;

 

 

(2) further notes that seven employees were affected by the magnitude two event but four had been delivered safely with injuries described as non-life- threatening;

 

 

(3) also notes that a large fall of ground occurred shortly after noon on Thursday in an area about 3,5 kilometers below the surface at Mponeng;

 

 

(4) acknowledges that mining at Mponeng, which produced

 

244 000 ounces of gold in 2019, was halted until

 

further notice with only essential services ongoing; and

 

 

(5) conveys its heartfelt condolences to the families of the deceased miners.

 

 

Agreed to.

 

 

HAMMANSKRAAL CRIME DETECTION UNIVERSITY

 

 

(Draft Resolution)

 

 

Mr L M NTSHAYISA: Thank you very much hon Chairperson. On behalf of the AIC I hereby move without notice:

 

 

That the House—

 

 

(1) notes that the envisaged Crime Detection University in Hammanskraal, announced by President Ramaphosa, will hopefully address the findings by Statistics SA in 2018 that the murder rate in South Africa was more than five times the global average;

 

(2) applauds government’s efforts to turn the tide against gender-based violence, amidst many other urgent priorities, by creating crime mitigating centres such as the Hammanskraal Crime Detection University, to train and equip dedicated police trainees to rid the country of the malaise of violent crimes;

 

 

(3) further applauds the efforts of the President of South Africa to enhance crime-combating capacity and existing skills to fight the scourge of gender-based violence; and

 

 

(4) encourages government to continue in its efforts to support the work of police training colleges across the length and breadth of this country in order to cohesively produce the skills output commensurate with burgeoning criminal syndicates.

 

 

Agreed to.

 

 

SEVEN PEOPLE KILLED IN SHOOTING AT KHAYELITSHA TAVERN

 

 

(Draft Resolution)

 

Ms P FAKU: Thank you Chair. On behalf of the ANC I hereby move without notice:

 

 

That the House—

 

 

(1) notes with sadness the passing on of seven people following a shooting at a tavern in Khayelitsha in the early hours of Sunday, 8 March 2020;

 

 

(2) further notes that seven other people, including a six year-old girl, were injured during the shooting;

 

 

(3) believes that a group of men stormed the tavern and started shooting;

 

 

(4) also notes that a 32-year-old suspect was arrested on Monday, 9 March 2020, in connection with the killings;

 

 

(5) urges anyone with information that could assist in the investigation to contact the law enforcement agencies;

 

 

(6) conveys its heartfelt condolences to the families of the deceased; and

 

(7) wishes those injured a speedy recovery.

 

 

Agreed to.

 

 

UNIVERSAL ACCESS MOBI-MAT ON MUIZENBERG BEACH

 

 

 

(Draft Resolution)

 

 

Ms A L A ABRAHAMS: House Chair, I move without notice:

 

 

That the House-

 

 

(1) notes that the City of Cape Town in partnership with the Western Cape Department of Health launched the universal access Mobi-Mat on Muizenberg Beach on 2 March 2020;

 

 

(2) further notes that the Muizenberg Beach became the first beach in the Western Cape to receive this environmentally friendly, innovative beach access mat;

 

 

(3) recognises that the Mobi- Mat will create a roll-out pathway way to enable persons with mobility challenges

 

to use wheelchairs and walking aids to access the beach;

 

 

(4) acknowledges that the Mobi-Mat will be rolled-out too many beaches across the Western Cape once the pilot in Muizenberg is completed, which will give persons with mobility challenges, independence, dignity and equal access to the provinces beaches;

 

 

(5) congratulates the City of Cape Town and the Western Department of Health for pioneering easy access to beaches as part of their efforts to promote healthy inclusive life styles.

 

 

[Applause.]

 

 

Agreed to.

 

 

DURBAN EDUCATIONIST YUSUF KARODIA

 

 

 

(Draft Resolution)

 

 

Mr M G E HENDRICKS: House Chair, I move without notice:

 

That the House-

 

 

(1) notes that Professor Yusuf Karodia of Durban was recently recognised as the African Leadership Magazine Persons of the Year 2019 in the category of Education Development;

 

 

(2) understands that Professor Karodia achieved the award for a second consecutive year;

 

 

(3) believes that the award acknowledges Professor Karodia as one of Africa’s greatest visionary on the development of education;

 

 

(4) recognises that Professor Karodia is also the founder of the popular distance learning institutions, The Regent Business School and The Management College of Southern Africa, Mancosa).

 

 

(5) Congratulates Proessor Karodia on receiving the award.

 

 

Agreed to.

 

 

HORRIFIC DEATH OF EIGHT-YEAR OLD REAGAN GERTSE

 

(Draft Resolution)

 

 

Ms S R VAN SCHALKWYK: House Chair, I move without notice:

 

 

That the House:

 

 

(1) notes that the ANC expresses its sorrow regarding the horrific death of eight-year old Reagan Gertse, whose body was found in a stream behind the factory in Tulbagh, in the Western Cape on 1 March 2020

 

 

(2) further expresses its outrage of the rape and murder of Regan by a family member, who is 58-year-old convicted rapist and parolee, Jakobus Petoors;

 

 

(3) further notes that Reagan was laid to rest at the Chris Hani Informal Settlement in Tulbagh on 7 March 2020;

 

 

(4) acknowledges that the Justice Ministry has expressed its concern on the efficacy of the Parole Board, after multiple violent crimes in the Western Cape;

 

(5) welcomes the Justice Ministry’s urgent meeting with high ranking officials in the Department of Justice and the Western Cape’s Correctional Service Parole Boards to address the systemic flaws in the parole system;

 

 

(6) further welcomes the Department of Justice and Correctional Services’ development of a master plan to ensure the modernisation of its infrastructure to deal with the monitoring of parolees; and

 

 

(7) extends its deepest condolences to the family of Reagan and shares its pain with the community as well.

 

 

Agreed to.

 

 

NOTICES OF MOTIONS

 

 

 

Ms R C ADAMS: House Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

 

That the House debates the stubborn persistence of the social legacy of apartheid such as poverty and inequality, even 25 years later.

 

 

Mr S NGCOBO: House Chair, 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 interventions needed to tackle challenges faced by persons with disabilities in this country, especially, given that a huge number of children with disabilities are not able to attend school due to a shortage of special needs schools.

 

 

IsiZulu:

 

Nk M S KHAWULA: Sihlalo, ekuhlaleni kwale Ndlu ngokulandelayo ngiyophakamisa njengelungu le-EFF ukuthi:

 

 

Le Ndlu ibe nenkulumo-mpikiswano –

 

 

(1) ngodaba lwabantu abagulayo abadla imishanguzo kodwa uthole ukuthi bayagula kodwa odokotela babenza bangaphumeleli ukuba bahole.

 

(2) ngicela ukuthi ikhulunywe lento ngoba angazi ukuthi yenziwa yini. Abantu bakithi bazobulawa ngamaphilisi ngoba ukudla abanakho. Ngiyabonga.

 

 

Ms N G ADOONS: House Chair, 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 working together towards a financially viable future through quality education.

 

 

Mr S L NGCOBO: House Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:

 

 

That the House debates the Department of Basic Education’s decision to implement comprehensive sexuality education in all South African schools.

 

 

Ms T BREEDT: House Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the FF Plus:

 

(1) that the House debates the current model of funding for children’s homes as South Africa’s food poverty line is set at R561 per child per month, whilst children’s homes receive as little as R510 per child per month;

 

 

(2) further takes into account that the South African Constitution requires that the government takes steps to ensure that everyone has the right to sufficient food and it also binds the government to fulfil a child’s unqualified right to basic nutrition.

 

 

 

Ms T MGWEBA: House Chair, 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 addressing employee wellness programmes that include gender transformative trainings that challenge gender norms for the prevention of gender-based violence, and healing programmes that address the trauma and mental health consequences of gender-based violence.

 

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

 

 

(1) that the House debates the fact that whilst South Africa has strong anticorruption legislation that laws be enforced to successfully fight corruption in both the public as well as the private sector;

 

 

(2) further debates the harmful effects of white collar crime on the economy of South Africa, noting that white collar crime or crimes in suits causes the same if not more harm than crimes in the streets

 

 

IsiXhosa:

 

Mnu N L S KWANKWA: Hayi ndihleli ngoku [Kwahlekwa]...

 

 

English:

 

... no own goals. House Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the UDM:

 

 

That the House debates measures and strategies to reignite inclusive economic growth in South Africa.

 

IsiXhosa:

 

Siyakhokela asidlali, la masela.

 

 

Mr M L SHELEMBE: House Chair, 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 review of the provision of benefits for military veterans to ensure that the system is reliable, fair and accessible to all qualifying military veterans.

 

 

Ms E N NTLANGWINI: House Chair, 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 deliberate collapse of municipalities by the ANC’s political fights and squabbles and the impact this have on service delivery of the poor.

 

 

Ms F MASIKO: House Chair, 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 gangsterism that manifests in violence, drug addiction and teenage pregnancies - which are symptoms of a much deeper problem such as a desperate attempt by our youth to escape the emptiness in their lives.

 

 

Mr A M SHAIK EMAM: House Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the NFP:

 

 

That the House debates the legacy of apartheid and its effect on society 26 years into democracy.

 

 

Mr S H MBUYANE: House Chair, 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 enabling environment where the public and private sectors work together for the greater good of all South Africans to prosper.

 

 

Ms A S HLONGO: House Chair, 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 skills development and employment as key issues for persons with disabilities.

 

 

 EN O S TERBLANCHE: House Chair, 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 ongoing rise of killings of people in violent incidents associated with the taxi industry.

 

 

Mr M G E HENDRICKS: House Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of AL JAMA-AH:

 

 

(1) that the House debates an outburst of violence against Muslims in India;

 

 

(2) that Parliament calls on President Ramaphosa to address with urgency the genocide of Muslims in Dhali and other parts of India orchestrated by the Modi government;

 

 

(3) the President to immediately summon the Indian ambassador that South Africa should lodge a complaint

 

to the criminal court against Prime Minister Modi for his role in instigating Hindu on Muslim violence in India; and

 

 

(4) notes with appreciation the efforts of many Hindus to protect Muslims in India.

 

 

Ms L S MAKHUBELA-MASHELE: House Chair, 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 youth development in Africa as the cornerstone of efforts to build a successful generation of future leaders.

 

 

The House adjourned at 16:47.

 

 


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