Hansard: NA: Unrevised hansard

House: National Assembly

Date of Meeting: 08 Sep 2010

Summary

No summary available.


Minutes

UNREVISED HANSARD

 

WEDNESDAY, 08 SEPTEMBER 2010

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PROCEEDINGS OF THE NATIONAL ASSEMBLY

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The House met at 14:03.

 

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

 

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

 

QUESTIONS FOR ORAL REPLY

 

THE PRESIDENT OF THE REPUBLIC:

 

Authority and impact of Presidential Co-ordinating Council

 

13.        Ms B N Dambuza (ANC) asked the President of the Republic:

 

(1)        (a) What authority and impact does the Presidential Co-ordinating Council (PCC) have in ensuring integrated service delivery compliance and (b) how does it relate to the National Planning Commission in terms of realising the national objective of eradicating informal settlements;

(2)        whether the Government has any plans to shift from the current allocation system of bulk infrastructure towards human settlements provision; if not, why not; if so, what are the relevant details?                                                            NO2869E

 

The PRESIDENT OF THE REPUBLIC: Thank you, hon Speaker and hon members. The Presidential Co-ordinating Council, PCC, is a crucial co-ordinating mechanism that, once a quarter, brings together the President, premiers, representatives of the SA Local Government Association and Ministers with concurrent functions for a discussion, primarily on governance and service-delivery matters. The PCC gives effect to the provisions of Chapter 3 of the Constitution and the Intergovernmental Relations Framework Act.

 

In our meetings we receive reports and share ideas on the implementation of government priorities at provincial and local government levels. We also identify bottlenecks in our delivery machinery and put in place processes to unlock the challenges.

 

For example, the last PCC, which was held in May, focused exclusively on matters relating to human settlements. A number of obstacles were identified in the areas of planning, financing and land availability, among others. We have put in place processes to respond to each of these.

 

Recently, the PCC also extensively discussed the issue of legislation that hindered service delivery at provincial and local levels. This matter was introduced by the Premier of the Western Cape, supported by all premiers.

 

The outcomes of PCC meetings are sent to Cabinet for processing, so that outputs can become Cabinet decisions for implementation. Thank you. [Applause.]

 

Ms B N DAMBUZA: Thank you, hon Speaker. Thank you very much, hon President, for a comprehensive response. However, can the President advise this House whether or not the delivery agreements have been finalised in order to accelerate integrated service delivery, as well as to advance government’s commitment to building cohesive and sustainable livelihoods. Thank you.

 

The PRESIDENT OF THE REPUBLIC: Thank you, hon Speaker. Yes, we are in the process of doing so. The Ministers are indeed in discussion with their colleagues in the various areas that work together to conclude some of the delivery agreements that followed the outcomes agreements. That is being done so that everything will flow in terms of all levels of government. Thank you.

 

Mr P F SMITH: Mr Speaker, five years ago, in 2005, we passed the Intergovernmental Relations Framework Act precisely to ensure better co-ordinated and integrated service delivery. It seems to me that five years later we are still struggling with the same thing that we have been struggling with for 16 years, namely co-ordination and integration.

 

Mr Speaker, would the President not agree that, if you look at all the service-delivery protests we have had since the last election, at the oversight visits of Parliament and the legislatures on the ground, and at the provinces and municipalities, co-ordination and integration is in fact still lacking? And would the President perhaps be able to offer us an explanation of why, after 16 years, such basics in governance as co-ordination and integration are still a problem? Thank you.

 

The PRESIDENT OF THE REPUBLIC: Thank you, hon Speaker. Co-ordination in government is a permanent feature. You will always do it; you will always discuss it; you will always look at where there are weaknesses and shortcomings. You cannot say that you have completed it now; it is perfect. For example, whenever you establish a new government, you do an evaluation after the elections to see what is working and what is not working.

 

You ask: What can we do in other aspects to make it work better? This is what we have been doing and discussing. We have been implementing programmes on the basis of our co-ordinating system. Thank you. [Applause.]

 

Mr B H HOLOMISA: Mr Speaker, hon President and hon members, the UDM maintains that the objective of eradicating informal settlements can only be achieved by integrating the infrastructure of the whole country and bringing the rural areas on par with the developed areas. Anything else simply perpetuates the unjust and unequal development patterns of the previous regime.

 

The question is: Mr President, if it is government policy to eradicate informal settlements, one assumes that such a policy is based on firm evidence. Can you indicate where we can find government’s comprehensive audit of the areas that are considered informal settlements and are to be upgraded in terms of this policy? Thank you.

 

The PRESIDENT OF THE REPUBLIC: Thank you, Mr Speaker. I do not have that information on hand, but it is information that a number of departments are working on. The Departments of Co-operative Governance and Traditional Affairs and of Human Settlements are working on matters dealing with informal settlements.

 

This is a matter that we discuss all the time. Even today, in Cabinet, we were discussing that issue in relation to some of the old laws that still exist and need to be dealt with. This is a challenge facing all of us; one which we believe we are tackling.

 

We were discussing some of the exigencies that are there and we have been responsible for dealing with these matters, in a sense. So, government is looking at this very seriously. We are very concerned, because there are a number of factors that lead to the growth of informal settlements. New information shows that instead of them decreasing, they are increasing, for a variety of reasons. But, I do not have comprehensive information in my hands at the moment. [Applause.]

 

Mr T BOTHA: Thank you, hon Speaker. Hon President, by definition the term “human settlement” encompasses a great deal more than the term “housing”, which was used before. Therefore the old system and previous design of bulk infrastructure supply has been overtaken by the new development. Would the President not agree, then, that the funds that used to be in Co-operative Governance should be transferred to Human Settlements by virtue of the nature of the work that Human Settlements encompasses? If not so, why would it not be so? Would not transferring these funds to the Department of Human Settlements not be setting up that department for failure?

 

The PRESIDENT OF THE REPUBLIC: Thank you, hon Speaker. We are running one government. We have different departments doing different things and we do not need departments working in silos. Where there are overlaps, they work together. There is very close co-ordination between the departments you are talking about, and if such a need arises, I am sure it would not be difficult to deal with that matter. For now, these departments are co-ordinating their work in relation to the issues that you have just raised. Thank you. [Applause.]

 

Establishment of media tribunal

 

14.        The Leader of the Opposition (DA) asked the President of the Republic:

 

Whether, with regard to his statement (details furnished) it is the government's intention to establish a media tribunal; if not, what is the position in this regard; if so, what are the relevant details?                                                                                            NO2866E

 

The PRESIDENT OF THE REPUBLIC: Hon Speaker, government has not discussed the proposed investigation into the establishment of a Media Appeals Tribunal. The proposal is included in the resolutions of the national conference of the ruling party, which took place in Polokwane in 2007.

 

The resolution promotes media freedom within the context of the human rights ethos of the South African Constitution. It promotes the view that the right to freedom of expression should not be elevated above other equally important rights, especially the right to human dignity, which is also enshrined in the Constitution.

 

The intention is that the tribunal would strengthen, complement and support current self-regulatory institutions such as the Press Ombudsman’s office. It is proposed that such a tribunal could be a statutory institution, established through an open, public and transparent process, and be made accountable to Parliament.

 

Parliament would be charged with the mandate to establish it in order to guarantee the principle of independence, objectivity, transparency, accountability and fairness.

 

The investigation would look at, among other things, the tribunal’s role in dealing with matters or complaints expressed by citizens against the print media. This would be in the same way as it happens in the case of broadcasting - through the Complaints and Compliance Committee of the Independent Communications Authority of South Africa, Icasa. The proposal states that the media and other stakeholders, including civil society, shall be consulted to ensure that the process is open, transparent and public.

 

It must be noted that this vibrant public debate has resulted in a decision by the Press Council to review its constitution with a view to strengthening its self-regulatory mechanisms. We welcome the fact that this vibrant debate, which is raging in the public arena, has now also entered Parliament, thanks to this question from the hon member.

 

This country’s commitment to media freedom is enshrined in the Constitution, and the government would never undertake any action that would be in conflict with the Constitution or our values of freedom and respect for basic human rights.

 

As the government, we welcome ongoing debate in the spirit of promoting the free exchange of views and ideas to enable informed policy-making processes. I thank you, hon Speaker. [Applause.]

 

The LEADER OF THE OPPOSITION: Hon President, in a recent interview with the Sunday Times you stated:

 

The reason we thought this proposed media tribunal was important was because the manner in which the media has been exercising its freedom began to worry people and there are many things that happened which we believed were unfair.

 

You started the answer by quoting from the contextualisation of media freedom at the Polokwane Conference. The further justification that has been put forward to support increased oversight of the media has been that it has nothing to do with criticism of the government’s policy, action or its person. It is not a question of newspapers not knowing about printing libel.

 

They have known about not printing libel for years. But the state cannot be defamed, the state can only be placed at a disadvantage. South Africa cannot make a claim for its good name, but South Africa has to guard against people in the country not dragging that name through the mud themselves and stirring up feelings.

 

Does government consider this a fair collaboration of its sentiments regarding the establishment of a proposed media tribunal? If it does, it is important for this House to know that the second quote was the words of then Prime Minister John Vorster, spoken at the opening of the National Party Congress of the Orange Free State on 18 September 1973. [Applause.] [Laughter.]

 

The PRESIDENT OF THE REPUBLIC: Hon Speaker, in the interview I was answering questions relating to the ANC’s proposed investigation into the Media Appeals Tribunal. What were the reasons and what informed the ANC? The point we are making is that the manner in which the media has been reporting over the years seems to be overstepping the boundaries that would guide it in terms of the freedom of the media. There seemed to be no distinction between respect for the dignity of other people and the manner in which they were reporting. Therefore, we are saying that when you see things happening in the media, you will agree with me that, particularly in the recent past, since the debate, there have been more apologies from the media. [Applause.]

 

The argument that we are putting across is that when the media reports about individuals or citizens, you will see huge headlines and a picture of the person. When they discover that in fact their report was erroneous, they agree to retract, but they don’t give it equal weight. Their apology will be hidden somewhere in a little column. That is not fair to an individual whose country has been told that this person did this or that, and then the media discovers that they made a mistake. They don’t project the issue at the same level. That is why we are saying it is unfair.

 

Sometimes, when you take the matter to the Ombudsman, he will ask the media to apologise. But the damage done could be great, and for that you have no recourse. Therefore, you need to appeal. You mustn’t just have to take the matter as it happened. You need to deal with it as if you are not satisfied. You are a citizen and you have no recourse! There must be a way to appeal. We must establish this tribunal. It does not infringe on the freedom of the press, but it deals with the human rights of all citizens. Someone can feel that they’ve indeed been hurt and that what is being said about them - it could be not just an individual, but your family or relatives – is erroneous. But then, when the media realises that it made a mistake, the response can be absolutely meaningless.

 

With regard to the existing media things - and this is for longer than 16 years now - we do need to investigate the possibility - and that’s according to the resolution - of establishing a Media Appeals Tribunal to provide recourse should someone feel dissatisfied. That’s the point we are making. Thank you. [Applause.]

 

Rev K R J MESHOE: Speaker and hon President, in light of the fact that you said the Press Council was reviewing its constitution to strengthen the self-regulatory system, does the President still see the need to introduce this media tribunal? We also want to know what kind of recourse the President is referring to?

 

While we agree that when an apology is made, it should be visible, the President should also take into account that 37 editors have expressed their concern about the proposed media tribunal as well as the Protection of Information Bill, which, they believe, threaten media freedom in the country.

 

Also, the Right to Know campaign has been joined by hundreds of stalwarts from diverse backgrounds, such as the Archbishop Desmond Tutu, Professor Kader Asmal and retired Constitutional Court Judge Richard Goldstone. Even the former Minister of Intelligence, Ronnie Kasrils, has expressed severe concerns about the Bill, so we want to know, hon President, whether all these concerns are going to be accommodated, particularly because you said the Press Council is busy reviewing its own constitution. Is the review of this constitution not going to address the concerns that the President has just mentioned? Thank you.

 

The PRESIDENT OF THE REPUBLIC: Hon Speaker, the Media Council is doing its own review, something that had not been done until this issue was raised. We don’t know what the conclusion will be. We have raised this issue very seriously after almost a decade since this media freedom has been exercised in our country.

 

We are concerned because a lot of pain has been caused by how the media has been reporting on certain individuals in the country. Whether the review is taking place or not, we have made this one: our own Media Appeals Tribunal. The review that we are talking about has not even been completed in order for us to see the type of product, which could maybe try to persuade one or two; it is still in the process.

 

For other people who have got views on this matter, it is their democratic right to have views on any matter. Those individuals that you’ve just quoted, do have views on any matter. Therefore, the ANC calls upon everybody, society or organisations to have the right to do so.

 

The problem that we have is that people do not bring any solutions to the problems; they are merely criticising. We want people who have views to say, “This is what we think the solution is”, because you can’t say that there is no problem. In fact, since the debate even the media itself has admitted that the South African media has stepped over the line that has been drawn by our Constitution. Other media said so - they have done a study.

 

The media, which monitors Africa, agrees by giving examples of what it has done. That is the media, not the ANC; much as it has a different view on whether the tribunal should be there or not, it says “the media in South Africa”, and it gives reasons why there are problems.

 

Therefore, you should debate the matter in Parliament. This Parliament would be informed by these views coming from other people, and that will inform the debate.

 

Finally, we will agree on what we think needs to be done in the country. So, debate the matter and don’t suppress the ANC when it exercises its freedom to express its views and make suggestions. Debate the matter. [Applause.]

 

Mr M G ORIANI-AMBROSINI: Thank you, Mr Speaker. Mr President, there are things ... [Interjections.]

 

The SPEAKER: Order, hon members, order!

 

Mr M G ORIANI-AMBROSINI: There are things that should not be debated. We should not be debating the policy of reintroducing slavery or the policy of reintroducing torture, but the same measure of a human rights culture. We should not even begin debating a policy of regulating the press, sir. [Applause.]

 

Throughout the world, in the greatest times of crisis, at the height of the Cold War, no country introduced any measure to suppress the press. There is a problem and the solution lies in the law against defamation.

 

My question to the President is: To which extent is the law of defamation not sufficient? I have been a victim of unfair press reporting many times, but I do stand with Voltaire when he says that -

 

As much as I hate what you write about me, I would give my life so that you can continue to write ...

 

And why should we, Mr President, if we are about to introduce a real culture of human rights, not take a leap of faith in letting the press grow? It’s a new press, a new democratic press, and let it grow. [Time expired.] [Applause.]

 

The PRESIDENT OF THE REPUBLIC: The hon member has a right to feel nice when the media is saying anything about him. That is his democratic right. [Laughter.] You see, the question of human rights to us is very important; we fought for it, including the right of the media to exercise its expression freely. Nobody can teach us about that. [Applause.] Nobody.

 

If you talk about the Act, whether it is sufficient or not, that was your real question because the other things you said were comments. Many South Africans are poor, they can’t get a lawyer to go and defend them in terms of that Act. Whilst the Act is there, what happens to them? Are we still perpetuating the situation that the poor will always suffer because they are poor? Here, they would have an institution to go to ... [Interjections.]

 

The SPEAKER: Order, hon members!

 

The PRESIDENT OF THE REPUBLIC: ... and the institution will be able to act on their behalf. So, even if the Act is there, the practice is that many people can’t have lawyers to take the media - if they think they are aggrieved - to court because they don’t have the means. We have to look after the rights of everybody and all citizens of this country, as responsible people. [Applause.] Thank you, hon Speaker.

 

Ms A MDA: Mr President, it is good to have you back. [Applause.] Would I agree with your sentiments that the freedom of this country and democracy that we are talking about is the democracy that was fought for by the ANC, PAC, IFP and many other civic organisations?

In the democracy that we are enjoying today, at the centre and the very gist of it, is the independence and freedom of the media, which must be protected by this democracy that the hon President is articulating and which was fought for by members of this country and members of this august House.

 

My question to you, President, is now that you and the Cabinet have expressed publicly your views on the proposed media tribunal, to what extent, therefore, is the government eager, ready and determined to defend the independence and the freedom of the media in this country?

 

More especially, the recent unlawful arrest of the Sunday Times journalist whose charges were dropped yesterday ... [Time expired.] [Applause.]

 

The PRESIDENT OF THE REPUBLIC: Hon Speaker, certainly the ANC and the government will defend the rights of the media. In fact, it would be the last to do so. We fought for it and we will always defend it. That does not make us succumb to what we believe is unfair reporting by the media. We will fight for the rights of the media equally as we will fight for the rights of every citizen of this country. Our position is very clear. Thank you, hon Speaker. [Applause.]

 

Incorporation of national Human Resource Development (HRD) Strategy into government departments and programmes

 

16.        Mr M L Fransman (ANC) asked the President of the Republic:

 

(a) To what extent has the national human resource development (HRD) strategy been incorporated into the respective government departments and programmes that champion the five priority focus areas of the national development agenda (details furnished) and (b) what (i) measures have been put in place to monitor the implementation and integration of the national HRD strategy in the government, parastatals and the private sector and (ii) progress has been made in respect of human resource development in the past 16 years?                                                       NO2870E

 

The PRESIDENT OF THE REPUBLIC: Hon Speaker, our government is working with other stakeholders to ensure that we improve our skills and human resource base. This is one of the reasons why we decided to split the Education Department into two stand-alone departments - to focus on basic education and higher education and training. Cabinet will soon consider the Human Resource Development Strategy document. Already, wide-ranging consultations have been held both inside and outside of government.

 

All of the five priorities have been incorporated into government’s Medium-Term Strategic Framework, MTSF. All government departments are working towards these objectives. The 10 objectives of the MTSF have also been converted into 12 outcomes, and the President has signed performance agreements with the respective Ministers on these.

 

Ministers are currently consulting with delivery partners from national and provincial departments to finalise delivery agreements detailing the specifics of delivery. The delivery on these outcomes requires skills development. It must be noted that the National Skills Development Strategy III, currently being finalised by the Department of Higher Education and Training, also incorporates the key objectives of the strategy.

 

The monitoring of our human resource development is to be done through the HRD council, which is led by the hon Deputy President Kgalema Motlanthe. Monitoring mechanisms will include all role-players in the strategy.

 

Hon member, there has been significant expansion and growth in further and higher education and training over the past 16 years. The dramatic growth and expansion of the education system has enabled the country to achieve high enrolment rates at school level. We still want to improve on these and, ultimately, ensure 100% attendance.

 

A key development of the past 16 years is also the introduction of legislation that compels the private sector to invest in skills development by introducing a skills levy and skills development plans. The introduction of learnerships is an important development. It enables new graduates to be exposed to the job market for practical experience. All in all, we are on track to introducing a comprehensive human resource development programme working with all key stakeholders. Thank you, hon Speaker.

 

Mrs M T KUBAYI: Speaker, hon Fransman is not in the House. I will be asking the follow-up question on his behalf. Thank you, Speaker.

 

Thank you, Mr President. In the light of the HRD strategy that is currently in the process of being adopted by Cabinet, how is government hoping to address the issue of a deficiency in scarce skills in the country through this strategy, especially in the light of the government’s five priorities? And how will it ensure that each and every department focuses on and places an emphasis on improving the scarce skills within this country? Thanks, President.

 

The PRESIDENT OF THE REPUBLIC: Hon Speaker, the process is addressing exactly that demand – to know exactly what can be done by different departments and by everybody, including, as I have said, even the private sector, to ensure that we are able to look at where the need is the greatest, and what needs to be done. So, this council is going to be looking at those kinds of specifics so that they are part of the broader strategy to address the matter. Thank you.

 

Ms A M DREYER: Speaker, the President has quite rightly referred to the Human Resource Development Strategy, a very aspirational document. However, the reality, the hard reality, is contained in a different report: the recent assessment of the Public Service Commission, under the Chairpersonship of Dr Mgijima, who found that many government departments do not apply even some of the most basic management norms.

 

I will quote from the document to you. On page 16, he says:

 

The majority of departments did not have job descriptions for posts that have been advertised.

 

Now, this situation has serious implications, and I quote again. Dr Mgijima says:

 

The Public Service fails to place people with the right skills and competencies in the right places.

 

Mr President, my question is: How do you manage a professional Public Service without meeting the most basic requirements of human resource management, such as job descriptions, to fill vacant posts? [Applause.]

The PRESIDENT OF THE REPUBLIC: Hon Speaker, that report was done in order to reveal what the situation is. Having received that report we, as government, are addressing those shortcomings. We are not waiting.

 

That is part of what is going to be addressed by the council. We want to ensure that those gaps do not exist, and it is through this council that we will be able to ensure that every department does the right thing; so the report has been very helpful in informing us as to what the challenges are at the moment. [Applause.]

 

Mr M S SHILOWA: Speaker, on a point of order: Is it parliamentary for hon Dreyer to call Dr MgijimaGijima”? [Laughter.]

 

Ms N Y VUKUZA-LINDA: Thank you for your answer to this question, Mr President. You are saying that the monitoring of the HRD strategy will be done by significant stakeholders. I wish to understand which those will be. Will it be the HRD Council or will it be the Department of Performance Monitoring and Evaluation? Secondly, who will they be reporting to? And thirdly, how will the public access such information in determining whether that is in alignment with the country’s goals? Thank you.

 

The PRESIDENT OF THE REPUBLIC: Hon Speaker, as I have said, the council, led by the Deputy President, will certainly be leading the process, and indeed, that will be reported on to Cabinet. That information will always be available.

 

That kind of information, whether it would be available or not, is not the information which is under dispute. People have been accessing the information from government if they have needed to. So, there will be no problem getting to know what is happening and therefore discovering whether every alignment has been made. Thank you.

 

Steps taken to hold individuals managing provincial finances accountable

 

  1. The Leader of the Opposition (DA) asked the President of the Republic:

 

Whether, with reference to the Western Cape provincial government achieving a clean sweep of unqualified audit reports and his statement that there is a crisis of accountability (details furnished), he will ensure that steps are taken to hold to account individuals who fail in their duty to manage provincial finances appropriately; if not, why not; if so, what steps?                                                                                                                       NO3005E

 

The PRESIDENT OF THE REPUBLIC: Speaker, the need to achieve clean audits and effective service delivery are discussed constantly within national government and also with Premiers in the Presidential Co-ordinating Council. All nine Premiers share this determination.

 

The targets for clean audits in provincial departments also form part of the draft delivery agreement and the performance contracts with the Minister for Co-operative Governance and Traditional Affairs. In these targets, the MECs for the various departments are the delivery partners and therefore their own performance contracts will include the same targets for clean audits, and it will be expected of them to report on and account for their specific performances. I thank you.

 

The LEADER OF THE OPPOSITION: Speaker, hon President, in the light of the recent unprecedented achievement by the Western Cape provincial government, where all the departments received unqualified audits for the first time ever in any province, in any legislature, ever in South Africa since 1994 ... [Applause.] ... I would like to ask how many successive qualified or disclaimer audits government regards as permissible for a government department to receive before it would take action against the executive officer and the accounting officer in charge of managing those finances, as per the unambiguous prescripts of the Public Finance Management Act, sections 34 to 38, outlined in Chapter 10 of that Act? I thank you.

 

The PRESIDENT OF THE REPUBLIC: Speaker, firstly, let me help the hon member and my colleague. The Western Cape is not the first to have a clean audit; Gauteng has had it many times. [Applause.] Not qualified – unqualified! [Interjections.] I am talking about Gauteng ... [Applause.] ... which has always been under the ANC. [Applause.] [Laughter.]

 

Of course, there are monitoring systems in government once it is discovered that there are problems in terms of the usage of funds. There are actions that are always taken in government, which are tabled and known. Therefore, at a given time, once those responsible for that realise that they have to take action – because, even if the audits are qualified, they may be qualified this year and may not be qualified the other year – once that becomes a consistent kind of record, there are actions that have to be taken, which are contained in the Constitution. So, there is no doubt that, if anything went wrong, action will be taken at the right moment. I thank you.

 

Mr D A KGANARE: Speaker, hon President, the audit generally is indicative of how efficient the particular department or government is performing its task. During your visit to Langrug informal settlement near Groendal, you said that when a government is not doing well, people should exercise their constitutional right to replace that government.

 

Using the same criterion, which you have so clearly established now, shouldn’t the ANC-led government administration, that year after year cannot get unqualified audits because of their ineptitude, be dealt with in the very same way that you proposed to the residents of Langrug? [Applause.]

 

The PRESIDENT OF THE REPUBLIC: Speaker, I said, if people do not perform, it is the right of the voters to replace them. Since 1994 the voters have been putting the ANC in all the time, and they will continue to do so. [Interjections.] [Applause.]

 

That tells you more about the judgment of the people towards the ANC; otherwise they will not be voting for the ANC. I thank you. [Applause.]

 

Mr N SINGH: Speaker, thank you, Mr President, for your answer. Mr President, whilst financial accountability is important, I think equally important is optimal service delivery, and these two aspects are not mutually exclusive.

 

We know that directors-general signed contracts with the President, and provincial heads of departments signed contracts with the Premiers. Contained in the Public Finance Management Act is a set of responsibilities of accounting officers. For example, in terms of section 38 an accounting officer must take effective and appropriate steps to collect all money due to the department, etc.

 

We also find in section 86 offences, penalties and criminal proceedings that can be instituted against heads of departments or directors-general who transgress the law. Up to now we know there have been instances where directors-general and provincial heads of departments have transgressed the Public Finance Management Act, but we have yet to institute criminal proceedings against any of these officials.

 

Isn’t it about time that we draw a line in the sand and use the provisions of the Public Finance Management Act and make sure that criminal proceedings are instituted against these officials who wilfully and grossly negligently transgress the laws? I thank you. [Applause.]

 

The PRESIDENT OF THE REPUBLIC: Hon Speaker, certainly, that is what the law says and certainly the law must apply. One of the problems is that, standing here, I would not know which case in particular you are referring to.

 

If you were saying, “Here is a case and this is what happened”, I would then be able to tell you what happened. But because the question is generalised I would not know what happened in that particular case, what that case required in terms of action and what this case was. It would be very useful for the hon member to say, “Here are the cases where we think no action has been taken when people have, in a sense, violated the rules”. Then it will be easy to answer the question.

 

At the moment it is very difficult to give a specific answer to a generalised question. I appreciate the concern, and it is important; however, we need to say that here is the law and here is a culprit, and then appropriate action should be taken, or that it was not taken here or there, so that one would know what the merits of these cases were. I thank you.

 

Mr M E MBILI: Thank you, Speaker. Asibonge kuMongameli, Mongameli, ... [We thank the President. President, ...]

 

...we know that the clean audit is not measured in any way by the performance audit outcome. Perhaps that should be the approach, where we concentrate more on a performance audit outcome, meaning the value for money.

 

Ngifuna ukuthi Mongameli uma senza njalo mhlawumbe kuzosisiza ukuthi senze isiqiniseko sokuthi sakha izindlu, izikole eziseqophelweni, izindlu zangasese eziseqophelweni nezimboziwe ngaphezulu ... [Uhleko]... ukuze abantu bakithi uma bebulala inyathi bakwazi ukuyibulala kahle esithe, bangabulali inyathi esigangeni njengoba kwenzekile eNtshonalanga Kapa yize bethole le-clean audit esikhuluma ngayo.]

 

UMONGAMELI WERIPHABHLIKHI: Lungu elihloniphekile, angizukukuphendula ukuthi inyathi ibulawa kanjani futhi ibulawelwaphi ... [Uhleko.] ... ngoba yisilwane esesabekayo leso. [Uhleko.] (Translation of isiZulu paragraphs follows.)

 

[Mr President, I would like to say that if we do that, perhaps this will help us ensure the building of decent houses, decent schools and decent toilets, which are covered ... [Laughter.] ... so that our people can relieve themselves in privacy and not in the open as has happened in the Western Cape, even though they got a clean audit – the one that we are talking about.

 

The PRESIDENT OF THE REPUBLIC: Hon member, I am not going to answer you on how and where people relieve themselves ... [Laughter.] ... because that is a very private matter. [Laughter.]]

 

I agree with you. It will be good if these two were going together; the clean audit and proper performance, what has been done to spend our money. That’s a good thing and this is what we are trying to align as we try to do everything to co-ordinate and monitor.

 

The performance monitoring mechanism and evaluation will partly deal with that issue to look at exactly what happened as you disbursed the money.

 

At times somebody could make a false report. One accountant told me a story that I could not forget, when he said that at times people could make numbers talk. I did not understand what he meant. It means, as you made the example, that the audit can be clean but the results may not reflect that. So, we do need to align that kind of work. I thank you. [Applause.]

 

Countries identified as high potential trading partners and details relating thereto

 

18.        Mr M G P Lekota (Cope) asked the President of the Republic:

 

(a) Which (i) countries have been identified as high potential trading partners and (ii) of these countries have been visited by him accompanied by a delegation of Ministers and business people, (b) what was the selection criteria for the business delegations to each of these countries, (c) what benefits were derived in terms of job creation and poverty alleviation and (d) what was the total expenditure to the state of these official visits?                                                                                           NO2881E

 

The PRESIDENT OF THE REPUBLIC: Welcome to the benches of the opposition! [Laughter.]

 

Hon Speaker, the expansion of foreign trade is a means to an end, which is to improve the quality of life of all South Africans. It must enable us to grow our economy, encourage market access and contribute to the creation of decent work, improved health care and education, rural development, safer communities, social security and other priorities of this government.

 

Business representatives are invited to state visits to encourage and promote economic co-operation between South Africa and particular countries. The Department of Trade and Industry constitutes the business delegation in consultation with organised business, Business Unity South Africa, Busa.

 

However, other businesspeople also use the opportunity of the state visit to travel to those countries, or their visits coincide with the state visit. The decision to participate in a visit lies with the businesses themselves, depending on their interests.

 

However, we also have to look at South Africa’s national interests, in particular what would benefit her people and advance government’s domestic agenda. Visits of this nature create investment opportunities, which have a positive impact on the South African economy.

 

The Southern African Development Community, SADC, member states, most whose economies are integrated with that of South Africa, are our country’s major trading partners. African countries in general have a huge potential to become South Africa’s major trading partners, given their endowment in natural, mineral and human resources.

 

To date, in Africa, we have undertaken outgoing state visits to Angola, Lesotho, Zambia and Uganda. Outside the continent we have undertaken state and official visits to the United Kingdom, Brazil, Russia, India and China. Time does not permit us to provide extensive details on these visits. We will provide highlights.

 

On the visit to Angola we were accompanied by 11 Ministers and a business delegation of more than 170 people. Sectors represented included mining, energy, electricity, construction, retail, communications, transport and agribusiness.

 

A number of agreements and Memoranda of Understanding between the two countries were signed. There are already immediate benefits such as an agreement between the two governments on the South African and Angolan housing initiative to build human settlements in nine provinces in Angola.

 

On the visit to Zambia in December last year, I was accompanied by seven Ministers, two Deputy Ministers and a business delegation. In that highly successful visit, two agreements and four Memoranda of Understanding were signed and we will continue to explore the great potential in economic relations.

 

Last month I visited the Kingdom of Lesotho accompanied by seven Ministers, one Deputy Minister as well as a business delegation.

[Interjections.]

 

Lesotho is an important neighbour of South Africa, as evidenced by the Lesotho Highlands Water Project that supplies water to South Africa. South Africa is currently finalising the modalities of Phase Two of the Lesotho Highlands Water Project, which is expected to increase the supply of water to South Africa.

 

I visited Uganda with seven Ministers and more than 50 businesspersons. A number of South African companies have a presence in Uganda and rely on South African expertise and products in growing their market, thus increasing employment opportunities in both South Africa and Uganda. Uganda also has a promising oil and mining industry, which is of interest to the South African industry.

 

European countries identified as key trading partners include, among other countries, Germany, the United Kingdom, Italy, France, the Netherlands, Belgium, Switzerland, Spain, Sweden, Ireland, Austria, the Czech Republic and the Russian Federation.

 

I was accompanied by 11 Ministers and over 150 businesspeople on the important visit to the Russian Federation. The business delegation represented the sectors of banking, education, agriculture, health, energy, mineral resources, water and environment, and science and technology.

 

Over the long term, several benefits in tourism, education and skills development, science and technology, space engineering, minerals and energy, to name a few, will result from this visit. [Interjections.]

 

Information on the highly successful United Kingdom state visit has been presented in this House previously. When you ask the question you get the answer! [Laughter.]

 

We visited China last month – South Africa’s largest trading partner and a substantial investor in the country. The signing of the Declaration on the Establishment of a Comprehensive Strategic Partnership was the beginning of a new chapter in the bilateral relations between the two countries. A number of agreements were signed and collaboration in several areas was finalised which will contribute to ensuring a balance of trade.

 

The two countries will encourage companies from each side to explore co-operation opportunities in mineral beneficiation as well as infrastructure construction projects such as the green economy, roads, railways, ports, power generation, airports and housing.

 

Saudi Arabia, the United Arab Emirates and all the countries of the Americas and Caribbean have been identified as high potential strategic trading partners.

 

In the Americas we visited Brazil in October 2009. The President of Brazil undertook a reciprocal visit in July this year. For the state visit to Brazil the criteria included those companies with a presence in Brazil, those in a trading relationship with Brazil and those with an interest in establishing a future presence in Brazil.

 

The interaction with Brazil and India is a further step to strengthening relations with the India, Brazil and South Africa initiative and the promotion of relations with the South.

 

For the state visit to India we were accompanied by six Ministers, one Deputy Minister and more than 270 businesspeople. The visit also saw the relaunch of the India-South Africa CEO forum. The forum met in South Africa last week, taking the strengthening of economic relations forward.

 

Canada and the United States are key and strategic trading partners of South Africa. However, I have not as yet undertaken a visit of this nature to that region. Japan is also a strong trade and investment partner with whom we want to work further to expand trade relations.

 

We prefer to view the expenditure of these visits not as costs, but as investments in building relations that will help us meet our political, social and economic goals.

 

As the hon member is also aware, for outgoing visits, host countries extend the normal courtesies to the visiting delegations as per standard international practice.

 

We estimate the investment in the Angola state visit to have been in the region of more than R3 million, Zambia at more than R200 000 and Lesotho at more than half a million rands. We have invested more than a R1 million in the Ugandan visit. Information pertaining to the expenditure on the visits to China, Russia and India is not yet available.

 

Mr M G P LEKOTA: Speaker, I would like to thank the hon President for a very comprehensive reply. [Interjections.] Hello, hello! [Laughter.]

 

Sir, I would like to focus on section 2 of the question that I raised. It relates to the selection criteria for those who are drawn into the delegations. There is a growing sense of a blurring of lines between party and state under the government of the present time.

 

The fact is that, as we speak, the Progressive Business Forum, which is a fundraising arm of the ruling party, occupies premises within state premises here. The fact is that, in the selection of those who will travel abroad in your delegation, pressure is applied by what businesspeople complain about. They have to either affiliate or promise to be part of this business formation.

 

This suggests that a certain level of coercion is used on South Africa’s national business population. That it will benefit ... [Time expired.]

 

The PRESIDENT OF THE REPUBLIC: Thank you, hon Speaker. Sorry, hon Lekota, you were still elaborating but, unfortunately, the time - you know the Rules. [Laughter.]

 

I’m not aware of the pressure that is applied to business; not at all. As I stated in the answer: The DTI meets with Business Unity South Africa. This matter is discussed by two sides. In fact, business presents a list to government and states which people are leaving. They discuss it.

 

I don’t know whether business applies pressure to itself about who must go and who must not go. Unfortunately, I haven’t got that information. All I know is that the biggest business organisation participates to ensure that all businesses, big and small, are there and always go. I am not aware of any other method that is used to select certain businesses and not others.

 

I think we might have to check with Business Unity South Africa as to whether they are part of this coercion and why they would want to leave other businesses out. They are supposed to help all other businesses. We might try to check on that to see whether, indeed, there is something untoward in what the process is supposed to do. Thank you.

 

Mr V B NDLOVU: Hon Speaker, hon President, in all these delegations that go on the visits, are there members who represent the small and medium enterprises? I’m asking this question because we know that these people are the employers especially of people in rural areas, where you and I come from. We know about these things.

 

Therefore, I’m saying that, instead of taking big businesses along – you referred to Business Unity South Africa, Busa – what about taking the small and medium enterprises along, those people who are really creating jobs, to learn and understand the ropes of the business? Thank you.

 

The PRESIDENT OF THE REPUBLIC: Hon Speaker, I am sure the hon member must have heard me when I gave the answer that Busa takes businesses from all different levels. That is on record. It has not been big businesses only. Busa does this because it is a leading business organisation to which all other businesses are affiliated.

 

We would not want to take over business’s job of co-ordinating themselves. They must co-ordinate themselves. We have no reason to believe that Busa is not doing it. As far as we have seen, big and small businesses have been coming along in the delegations. Whether they covered the area from where you and I come, is a different matter. [Laughter.]

 

I have also seen people coming from those areas. I don’t know how they come in. Our objective is to ensure that all businesses at all levels are exposed to other businesses in other countries. This is what DTI tries to ensure as it meets Busa to discuss the matter of delegations.

 

If there is any problem, since you have asked the question, we can check the method. Is the method able to cover even the smallest areas where you and I come from? We will do that. Thank you.

 

Ms C C SEPTEMBER: Speaker, hon President, strategic trade partners must consolidate the African agenda. Therefore, my question is: How does government’s intensification of strategic partnerships change colonial patterns of economic relations? Also, how will transformation and beneficiation of African natural resources and market access generate employment in our country and eradicate poverty? Thank you.

 

The PRESIDENT OF THE REPUBLIC: Hon Speaker, I believe that in my answer concerning the last visit to China, I tried to deal with this matter.

 

Our comprehensive agreement, which is strategic with China, addresses those kinds of questions.

 

Our view is that South-South relations, at the economic level, contain within them the desire that the relations we’ve established with other countries must not be like the relations that were established between us and our former colonisers.

 

This has been a problem up to this day. For example, the matter of beneficiation to which you refer has not happened. The old method of getting the raw materials and processing it away has been the issue. That is why, when we discussed it with China and with Russia, the question of establishing processing plants here for beneficiation is the issue that we dealt with.

 

We believe that the changing economic landscape is in favour of this movement; that we are beginning to have more relations. It is important for us as a country and for our own future that these relations are engaged in and entered into with a very clear sense of what we are doing.

 

We can repeat the past. These countries are not coming to colonise; they are coming to establish relations. It depends on us how we do it. That is why the comprehensive strategic partnership that we have established with China addresses that kind of question, so that we can begin to have economic relations that talk to our priorities: mainly job creation. Thank you.

 

Mr P D DEXTER: Speaker, thank you very much. Mr President, why is it that relatives of the President of the Republic, businesspeople known to be close confidants of the President of the Republic, and generally businesspeople close to the ruling party, are in nearly every one of these delegations overseas?

 

Have businesspeople from the families of leaders of other political parties been the beneficiaries of such generosity, or are the lucky individuals, who get what is now called ZEE, only ANC members? [Laughter.]

 

The PRESIDENT OF THE REPUBLIC: Hon member, what is CEE? Can you help us? [Interjections.]

 

Mr P D DEXTER: It’s ZEE, as in Zuma Economic Empowerment. [Laughter.]

The PRESIDENT OF THE REPUBLIC: Hon Speaker, firstly the delegations that go abroad are determined, as I said, by the DTI and Busa. I have also said in my answer that other businesspeople go along on their own. We are not there to tell businesspeople what to do and what not to do. It is not our business ... [Interjections.] ... neither can we tell people that are either in the ANC or are friends of the ANC that they must not do business. We can’t tell people that because they are related to people in government, they are not allowed to do business. It would be unfair to citizens of this country.

 

What you see in the delegations is what is meant to be a business delegation agreed upon between DTI and Busa. Others might be on their own, and we can’t say, “Sit and wait; no businessperson must go when we go there.”

 

I think it would be funny. You would be the first to complain. You could then even say we are trying to stop you. There is no problem, my friend. Don’t try to create a problem where there is no problem. Thank you.

 

The SPEAKER: Hon members, I hate to tell you this, but that concludes the questions to the President. [Laughter.] [Applause.]

 

The PRESIDENT OF THE REPUBLIC: Hon Speaker, just one minute, please. I want to help somebody. Usually hecklers are not helped. When I was talking about the business delegation to Lesotho somebody asked, “How many, why are you not giving us a number?” Just for your information, for the record, and for the curiosity of those who were heckling, there were 40. Thank you very much. [Applause.]

 

See also QUESTIONS AND REPLIES.

 

NOTICES OF MOTIONS

 

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

 

That the House-

 

  1. notes the threats to peace and security in the Horn of Africa;

 

  1. recognises the implications for the subregion; and

 

  1. determines what an appropriate response to this instability would be.

 

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

 

That the House –

  1. debates the readiness of South Africa’s 2010 Grade 12 class for the upcoming matric exams; and

 

  1. comes up with interventions that may be necessary to improve the performance of matriculants.

 

Mr L RAMATLAKANE: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of Cope:

 

That the House debates the recent revelation by the former police generals, Hlela, Sivundla and Terreblanche, that they were forced to resign because General Cele commanded them to relocate the SAPS’ national and provincial headquarters in Pretoria to Durban for a lump sum of over R760 million.

 

The SPEAKER: Hon members, you will find that it is easier to listen when you are seated in your seat. Please take your seats! Does any other member wish to give notice of a motion?

 

Mrs H S MSWELI: Hon Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:

 

That the House debates -

 

  1. the desirability in the public sector of there being a positive relationship between increasing remuneration and increasing productivity;

 

  1. and whether the present situation best serves the interest of the country.

 

Mr P D DEXTER: Thank you, Speaker. I hereby give notice that on the next sitting day of the House I shall move on behalf of Cope:

 

That the House debates the apparent recklessness of the Department of Mineral Resources in granting prospecting rights to Bundu Oil and Gas Limited, which is a wholly owned subsidiary of Sunset Energy Limited of Australia, considering the ecological damage this company’s methods have caused in the United States and are likely to cause in Pearston in the Eastern Cape.

 

Mrs M E PILUSA-MOSOANE: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

 

That the House reviews the adequacy of post-settlement support in all land reform programmes.

 

Mrs E THABETHE: Mr Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

 

That the House debates how to encourage an increased effort to raise public awareness about energy saving.

 

Mr S C MOTAU: Thank you very much, Speaker. I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:

 

That the House debates the effects of the most recent round of electricity tariff increases on the economy.

 

Ms P MADUNA: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

 

That the House debates the harmonisation of immigration policies with African countries, with particular reference to combating crime associated with illegal immigrants.

 

DEVASTATING FIRES IN INFORMAL SETTLEMENTS IN KHAYELITSHA

 

(Draft Resolution)

 

The CHIEF WHIP OF THE MAJORITY PARTY: Speaker, I move without notice:

 

That the House –

 

(1)      notes that a devastating shack fire in Khayelitsha claimed the lives of six family members in the early hours of Sunday morning, 5 September 2010;

 

(2)        further notes that fires left seven other people destitute throughout informal settlements in the metro, including Seawinds, Overcome Heights, Fisantekraal and the Witsand informal settlement near Atlantis, and that the cause of the fires is still undetermined while authorities are investigating; and

 

(3)        conveys its heartfelt condolences to the family and friends of those who lost their lives in this devastating fire.

 

Agreed to.

 

INTERNATIONAL LITERACY DAY 08 SEPTEMBER

 

(Draft Resolution)

 

Mr M J ELLIS: Mr Speaker, I move without notice:

 

That the House –

 

(1)        notes that 8 September is International Literacy Day;

 

(2)        further notes that this day is a Unesco initiative which is intended to highlight the importance of literacy throughout the world;

 

(3)        recognises that literacy is a human right as well as a tool of social and human development and that improving literacy levels within our communities is the key to a better educated populace and stronger economy; and

 

(4)        calls upon the leaders of our nation to take measures to address low literacy levels within our country.

 

Agreed to.

 

CONGRATULATIONS TO MAKHAYA NTINI ON ESTABLISHING CRICKET ACADEMY

 

(Draft Resolution)

 

Mr M A NHANHA: Speaker, I move without notice:

 

That the House –

 

(1)        congratulates Eastern Cape cricket hero Makhaya Ntini on the occasion of the relaunching of a Cricket Academy in Mdantsane in the Eastern Cape on Monday, 6 September 2010;

 

(2)          notes that the cricket hero established a trust and raised the necessary funds to ensure the viability of the new Cricket Academy which will allow deserving young people to enroll without paying an entry fee;

 

(3)          further notes that the new Cricket Academy will play a meaningful role to inspire young people and upcoming generations to develop an interest in cricket so that many more young Makhaya Ntinis can be produced;

 

(4)  salutes Makhaya Ntini for the positive role model that he has established in reinvesting his skills and sports acumen in the cultivation of a young generation of cricketers from disadvantaged communities; and

 

(5)  calls on other sports heroes and heroines to follow the example set by this Eastern Cape cricket hero.

 

Agreed to.

 

CONDOLENCES ON PASSING AWAY OF ACCLAIMED WRITER AND ACTIVIST LEWIS NKOSI

 

(Draft Resolution)

 

The CHIEF WHIP OF THE MAJORITY PARTY: Speaker, I move without notice:

That the House –

 

(1)          notes with great sadness the passing away of acclaimed South African writer and activist, Lewis Nkosi, at the age of 74 in Johannesburg;

 

(2)        further notes that Nkosi penned several books and essay collections, among them Home and Exile in 1965, Mating Birds in 1986 and Mandela’s Ego in 2006;

 

(3)          recognises that Nkosi is most renowned for his work with Drum magazine and receiving a scholarship to Harvard in the 60s, and acknowledges that he also edited The New African in London, amongst others, and as professor of literature held positions at the University of Wyoming and the University of California-Irvine, as well as at universities in Zambia and Warsaw, Poland; and

 

(4)          conveys its sincere condolences to his family and friends.

 

Agreed to.

 

CONGRATULATIONS TO BAFANA BAFANA FOR VICTORY OVER NIGER IN AFRICAN CUP OF NATIONS COMPETITION

 

(Draft Resolution)

The CHIEF WHIP OF THE MAJORITY PARTY: Speaker, I move without notice:

 

That the House –

 

(1)          congratulates Bafana Bafana for their 2-0 victory over Niger in an African Cup of Nations Competition match played on Saturday, 4 September 2010; and

 

(2)          wishes Bafana Bafana success in their future endeavours.

 

Agreed to.

 

INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE BILL

 

(Decision of Question on Second Reading)

 

The SPEAKER: Hon members, I wish to remind you that after the debate on the second reading of the Bill last week, the decision of questions on its second reading was postponed to today. Are there any objections to the Bill being read a second time? No objections. The Secretary will read the Bill a second time. Thank you. The Bill will be sent to the National Council of Provinces for concurrence.

 

There was no debate.

 

Bill read a second time.

 

The House adjourned at 15:39.

__________

 

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

 

MONDAY, 6 SEPTEMBER 2010

 

ANNOUNCEMENTS

 

National Assembly

 

The Speaker

 

  1. Appointment of members to Cross‑Border Road Transport Agency Board

 

  1. A letter dated 17 August 2010 has been received from the Minister of Transport, informing members of the National Assembly that in terms of the Cross-Border Road Transport Agency Act (No 4 of 1998), the following persons have been appointed to the board of the Cross‑Border Road Transport Agency as non‑executive members with effect from 1 October 2010 for a period of three years: Mr Matete Matete (chairperson), Mr Gavin Kelly and Ms Shamila Singh.

 

Referred to the Portfolio Committee on Transport.

 

  1. Appointment of members to National Railway Safety Regulator Board

 

(a)     A letter dated 17 August 2010 has been received from the Minister of Transport, informing members of the National Assembly that in terms of the National Railway Safety Regulator Act (No 16 of 2002), the following persons have been appointed to the board of the National Railway Safety Regulator as non‑executive members with effect from 1 October 2010 for a period of three years: Ms Brenda Madumise (chairperson), Mr Matodzi Ratshimbilana (deputy chairperson), Mr Christiaan de Vos, Mr Wahed Rasool, Ms Jane Barret, Ms Musa Chauke, Ms Thembelihle Msibi, Prof May Hermanus, Mr Cedrick Ntumba and Mr Willem Venter (delegated by the Minister of Police), Mr Thobile Lamati (delegated by the Minister of Labour). Ms Mala Somaru serves in an ex officio capacity on behalf of the Department of Transport.

 

Referred to the Portfolio Committee on Transport.

TABLINGS

 

National Assembly and National Council of Provinces

 

  1. The Minister of Justice and Constitutional Development

 

(a)     Report of the South African Law Reform Commission on Privacy and Data Protection – February 2009.

 

(b)     Progress report on the provisional suspension from office of Magistrate M T Masinga, an additional magistrate at Umlazi, in terms of section 13(3)(f) of the Magistrates’ Act, 1993 (Act No 90 of 1993).

 

(c)     Progress report on the provisional suspension from office of Magistrate L B Maruwa, an additional magistrate at Daveyton, in terms of section 13(3)(f) of the Magistrates’ Act, 1993 (Act No 90 of 1993).

 

(d)     Progress report on the provisional suspension from office of Magistrate D Jacobs, a magistrate at Clocolan, in terms of section 13(3)(f) of the Magistrates’ Act, 1993 (Act No 90 of 1993).

 

(e)     Progress report on the provisional suspension from office of Magistrate C M Dumani, a magistrate at Graaff Reinet, in terms of section 13(3)(f) of the Magistrates’ Act, 1993 (Act No 90 of 1993).

 

(f)      Progress report on the provisional suspension from office of Magistrate M K Chauke, an additional magistrate at Pretoria, in terms of section 13(3)(f) of the Magistrates’ Act, 1993 (Act No 90 of 1993).

 

(g)     Progress report on the provisional suspension from office of Magistrate W J M Prinsloo, an additional magistrate at Ermelo, in terms of section 13(3)(f) of the Magistrates’ Act, 1993 (Act No 90 of 1993).

 

  1. The Minister of Human Settlements

 

(a)     Report and Financial Statements of the National Housing Finance Corporation Ltd (NHFC) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.

 

(b)     Report and Financial Statements of the Housing Development Agency for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.

 

(c)     Report and Financial Statements of the National Home Builders Registration Council (NHBRC) for 2009-2010, including the Report of the Auditor-General on the Financial Statements for 2009-2010.

 

(d)     Report and Financial Statements of the Rural Housing Loan Fund (RHLF) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.

(e)     Report and Financial Statements of the Social Housing Foundation (SHF) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.

 

  1. Report and Financial Statements of the National Urban Reconstruction and Housing Agency (NURCHA) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements for 2009-2010.

 

National Assembly

 

1.       The Speaker

 

(a)     The President of the Republic submitted the following letter dated 27 August 2010 to the Speaker of the National Assembly, informing members of the Assembly of the employment of the South African National Defence Force for a service in co-operation with the South African Police Service and to assist other government departments during the countrywide public service strike.

 

EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE FOR A SERVICE IN CO-OPERATION WITH THE SOUTH AFRICAN POLICE SERVICE AND TO ASSIST OTHER GOVERNMENT DEPARTMENTS DURING THE COUNTRYWIDE PUBLIC SERVICE STRIKE

 

This serves to inform the National Assembly that I have employed 1350 members of the South African National Defence Force (SANDF) personnel for service in co-operation with the South African Police Service and to assist other government departments during the countrywide public service strike.

 

This employment is authorised in accordance with the provisions of section 201(2)(a) of the Constitution of the Republic of South Africa, 1996, read with section 18 and 19 of the Defence Act, 2002 (Act No 42 of 2002).

 

The financial implications of this deployment are not yet known due to the fact that the extent of the strike is unknown at this stage.

 

Members of the SANDF are employed from 19 August 2010 until 24 September 2010.

 

I will communicate this report to members of the National Council of Provinces and wish to request that you bring the contents hereof to the attention of the National Assembly.

 

Regards

 

signed

J G ZUMA

 

TUESDAY, 7 SEPTEMBER 2010

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1.     The Minister in The Presidency: Performance Monitoring and Evaluation as well as Administration

 

(a)     Report and Financial Statements of the Media Development and Diversity Agency (MDDA) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.

 

2.     The Minister of Science and Technology

 

(a)     Report and Financial Statements of the Academy of Science of South Africa for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.

 

3.     The Minister of Trade and Industry

 

(a)     Report and Financial Statements of the National Empowerment Fund for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010 [RP 175-2010].

 

(b)     Report and Financial Statements of the Small Enterprise Development Agency for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.

 

(c)     Report and Financial Statements of Export Credit Insurance Corporation of South Africa Limited for 2009-2010, including the  Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.

 

(d)     Report and Financial Statements of the South African National Accreditation System (SANAS) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010 [RP 82-2010].

 

(e)     Report and Financial Statements of the National Lotteries Board for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.

 

(f)      Report and Financial Statements of the National Gambling Board (NGB) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 196-2010].

 

(g)     Report and Financial Statements of the Estate Agency Affairs Board for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.

 

(h)     Report and Financial Statements of the National Credit Regulator (NCR) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 154-2007].

 

(i)      Report and Financial Statements of South African Bureau of Standards (SABS) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 226-2010].

 

(j)      Report and Financial Statements of the National Regulator for Compulsory Specifications for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 80-2010].

 

(k)     Report and Financial Statements of the National Consumer Tribunal for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.

 

(l)      Report and Financial Statements of the National Metrology Institute of South Africa for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010 [RP 214-2010].

 

(m)    Report and Financial Statements of the Technology and Human Resources for Industry Programme (THRIP) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.

 

(n)     Report and Financial Statements of the Support Programme for Industrial Innovation (SPII) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.

 

(o)     Report of the National Industrial Participation Programme – Performance Review 2009.

 

COMMITTEE REPORTS

 

National Assembly

 

1.      Report of the Portfolio Committee on Police on the Civilian Secretariat for Police Service Bill [B 16 – 2010] (National Assembly – sec 76), dated 7 September 2010:

 

The Portfolio Committee on Police, having considered the subject of the Civilian Secretariat for Police Service Bill [B 16 – 2010] (National Assembly – sec 76), referred to it, and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill with amendments [B 16A - 2010].

 

Report to be considered.

 

WEDNESDAY, 8 SEPTEMBER 2010

 

TABLINGS

 

National Assembly and National Council of Provinces

1.         The Minister of Trade and Industry

 

(a)     Report and Financial Statements of the South African Council for the Non-Proliferation of Weapons of Mass Destruction for 2009-2010.

 

(b)     Report of the Consumer Affairs Committee (CAFCOM) for 2009-2010 [RP 234-2010].

 

COMMITTEE REPORTS

 

National Assembly

 

  1. Report of the Portfolio Committee on Transport on the Transport Laws Repeal Bill  [B 19 - 2010], dated 7 September 2010:

 

The Portfolio Committee on Transport, having considered the subject of the Transport Laws Repeal Bill [B 19 - 2010] (National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 75 Bill, reports that it has agreed to the Bill with amendments [B 19A - 2010].

 

Report to be considered.

 

  1. Report of the Portfolio Committee on International Relations and Cooperation on the Agreement between the European Community and its Member States, of the one part, and the Government of the Republic of South Africa, of the other part, Amending the Agreement on Trade, Development and Cooperation (TDCA), dated 8 September 2010.

The Portfolio Committee on International Relations and Cooperation, having considered the request for approval by Parliament of the Agreement between the European Community and its member states, of the one part, and the Government of the Republic of South Africa, of the other part, Amending the Agreement on Trade, Development and Cooperation (TDCA), referred to it, recommends that the House, in terms of section 231(2) of the Constitution, approve the said Agreement.

 

Request to be considered.

 

  1. Report of the Portfolio Committee on International Relations and Cooperation on the Amendments to the Convention on Prohibitions or Restrictions on the use of Certain Conventional Weapons which may be deemed to be excessively Injurious or to have Indiscriminate effects (CCW), dated 8 September 2010.

 

The Portfolio Committee on International Relations and Cooperation, having considered the request for approval by Parliament of the Amendments to the Convention on Prohibitions or Restrictions on the use of Certain Conventional Weapons which may be deemed to be excessively Injurious or to have Indiscriminate effects (CCW), referred to it, recommends that the House, in terms of section 231(2) of the Constitution, approve the said Amendments to the Convention.

 

Request to be considered.

 

  1. Report of the Portfolio Committee on Communications on the South African Postbank Bill [B 14 – 2009] (National Assembly – sec 75), dated 7 September 2010:

The Portfolio Committee on Communications, having considered the subject of the South African Postbank Bill [B 14 – 2009] (National Assembly – sec 75), referred to it, and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B14A – 2009].

 

  1. Report of the Ad Hoc Committee on Coordinated Oversight on Service Delivery, dated 8 September 2010:

 

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