Hansard: NCOP: Unrevised hansard
House: National Council of Provinces
Date of Meeting: 20 Nov 2007
Summary
No summary available.
Minutes
UNREVISED HANSARD
TUESDAY, 20 NOVEMBER 2007
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
The Council met at 14:08.
The Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
NEW MEMBER
(Announcements)
The CHAIRPERSON OF THE NCOP: Hon members, I would like to take this opportunity to welcome the hon Kgarebe to the NCOP. The hon member was sworn in on Tuesday, 13 November 2007. I wish you all the best in your activities as a member of the National Council of Provinces. Hon Kgarebe replaces hon Tlhagale from the North West, and will represent the ACDP. Is she in the House? Can you stand up and let them see you? [Applause.] Thank you very much.
The CHAIRPERSON OF THE NCOP: Does anybody wish to give a notice of motion? No. Does anybody wish to move a motion without notice? [Interjections.] Which one? [Interjections.] Can members please wake up when I get into the Chair!
The CHIEF WHIP OF THE COUNCIL: Chairperson, on a point of order: Is it parliamentary for a member to address the Chair while eating?
The CHAIRPERSON OF THE NCOP: That is unparliamentary. Who is eating? Please stop eating. You must not eat anything in the House.
NOTICE OF MOTION
Ms H LAMOELA: Chair, I hereby give notice that I shall move at the next sitting of the Council:
That the Council –
(1) notes that the first Victim Support Room attached to a rural police station in the Western Cape, at Witsand near Atlantis, was initiated and planned by a member of this Council, the hon Denise Robinson, and that the converted container was donated by another member of this Council, the hon Sherry Chen; and
(2) acknowledges that this is a noteworthy start to the campaign on 16 Days of Activism for No Violence against Women and Children.
DEATH OF FARMWORKERS IN WESTERN CAPE
(Draft Resolution)
The CHIEF WHIP OF THE COUNCIL: Chairperson, I move without notice:
That the Council -
(1) notes with grave concern and regret that almost a year to the day of the horrific train smash that claimed the lives of 21 farmworkers at the Faure railway crossing, the Western Cape province has experienced yet again two similar fatal incidences that resulted in the death of 16 farmworkers within five days;
(2) notes that in the first incident that took place on Friday, 9 November 2007, ten farmworkers died in a bus accident near Piketberg in the Swartland and in the second incident seven farmworkers were killed when a truck carrying 50 farmworkers overturned on the N1 near De Doorns in the Boland;
(3) calls on transport operators in the province and the Western Cape authorities to ensure that proper systems are urgently put in place for the safe transportation of farmworkers; and
(4) takes this opportunity to convey its deepest sympathy to the families of the deceased and reiterates the call of the province to the people of South Africa, especially the business community, to come to the fore and assist the families of the deceased in this very trying time.
Motion agreed to in accordance with section 65 of the Constitution.
APPOINTMENT OF MEMBERS TO SERVE ON MEDIATION COMMITTEE IN RESPECT OF CHILDREN’S AMENDMENT BILL
(Draft Resolution)
The CHIRPERSON OF THE NCOP: Chairperson, I want to move a draft resolution on behalf of the Chairperson of the NCOP:
That the Council appoints the following members to serve on the Mediation Committee in respect of the Children’s Amendment Bill [B 19D - 2006 (Reprint)] (National Council of Provinces - sec 76(2)):
Qikane A N D Eastern Cape
Setona T S Free State
Mazibuko F Gauteng
Vilakazi J N KwaZulu-Natal
Sibiya J Limpopo
Tolo B J Mpumalanga
Sulliman M A Northern Cape
Kolweni Z S North West
Lamoela H Western Cape
The CHAIRPERSON OF THE NCOP: As there is no speaker’s list, I shall now put the question. The question is that the motion be agreed to. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the Chamber to cast their province’s votes. Are you all present? Yes?
In accordance with Rule 71, I shall first allow provinces the opportunity to make their declaration of vote if they so wish. Is there any province that wishes to do so? None. We shall now proceed to the voting on the question. I’ll do so in alphabetical order per province. Delegation heads must please indicate to the Chair whether they vote in favour or against or abstain from the voting.
Eastern Cape?
Ms B N DLULANE: In favour.
The CHAIRPERSON OF THE NCOP: Free State?
Mr C J VAN ROOYEN: In favour.
The CHAIRPERSON OF THE NCOP: Gauteng?
Ms N M MADLALA-MAGUBANE: In favour.
The CHAIRPERSON OF THE NCOP: KwaZulu-Natal?
Mr Z C NTULI: KwaZulu-Natal siyavuma. [KwaZulu-Natal supports.]
The CHAIRPERSON OF THE NCOP: Limpopo?
Ms H F MATLANYANE: Limpopo re a tega. [Limpopo supports.]
The CHAIRPERSON OF THE NCOP: Mpumalanga?
Ms F NYANDA: Mpumalanga supports.
The CHAIRPERSON OF THE NCOP: Northern Cape?
Mr M A SULLIMAN: Noord-Kaap ondersteun. [Northern Cape supports.]
The CHAIRPERSON OF THE NCOP: North West?
Mr Z S KOLWENI: North West ke a rona. [North West supports.]
The CHAIRPERSON OF THE NCOP: Western Cape?
Mr N J MACK: Western Cape supports.
Motion agreed to in accordance with section 65 of the Constitution.
SUSPENSION OF RULE 239(1)
(Draft Resolution)
The CHIEF WHIP OF THE COUNCIL: Hon Chairperson: I move:
That Rule 239(1), which provides inter alia that the consideration of a Bill may not commence before at least three working days have elapsed since the committee’s report was tabled, be suspended for the purposes of consideration of the Public Service Amendment Bill [B 31B – 2007] (National Assembly – sec 76(1)) on Tuesday, 20 November 2007.
The CHAIRPERSON OF THE NCOP: As there is no speaker’s list, I shall now put the question, and the question is that the motion be agreed to. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all the delegation heads are present in the Chamber to cast their province’s votes? Are you all present in the Chamber? Yes.
We shall then, in accordance with Rule 71, allow provinces the opportunity to make their declarations of vote if they so wish. Is there any province that wishes to do so? None. We shall now proceed to the voting on the question. I will do so in alphabetical order per province. Delegation heads must please indicate to the Chair whether they vote in favour, against or abstain from voting.
Eastern Cape?
Ms B N DLULANE: Ondersteun. [Supports.]
The CHAIRPERSON OF THE NCOP: Free State?
Mr C J VAN ROOYEN: In favour.
The CHAIRPERSON OF THE NCOP: Gauteng?
Ms N M MADLALA-MAGUBANE: In favour.
The CHAIRPERSON OF THE NCOP: KwaZulu-Natal?
Mr Z C NTULI: KwaZulu-Natal ke a rona. [KwaZulu-Natal supports.]
The CHAIRPERSON OF THE NCOP: Limpopo?
Ms H F MATLANYANE: Re a etega. [Support.]
The CHAIRPERSON OF THE NCOP: Mpumalanga?
Ms F NYANDA: Mpumalanga ya sikela. [Mpumalanga is in favour.]
The CHAIRPERSON OF THE NCOP: Northern Cape?
Mr M A SULLIMAN: Siyavuma. [We support.]
The CHAIRPERSON OF THE NCOP: North West?
Mr Z S KOLWENI: North West supports.
The CHAIRPERSON OF THE NCOP: Western Cape?
Mr N J MACK: Die Wes-Kaap ondersteun. [Western Cape supports.]
Motion agreed to in accordance with section 65 of the Constitution.
CHILDREN’S AMENDMENT BILL
(Consideration of Bill and of Report thereon)
The CHAIRPERSON OF THE NCOP: Hon members, before we proceed, I would like to draw your attention to the fact that the report of the committee has been circulated and it is on your tables.
As there is no speaker’s list, I shall now put the question, and the question is that the Bill be rejected. As the decision is dealt with in terms of section 65 of the Constitution, we shall first ascertain whether all delegation heads are present in the Chamber to cast their provincial votes. Are you all present in the Chamber?
In accordance with Rule 71, I shall first allow provinces the opportunity to make their declarations of vote, if they so wish. Is there any province that wishes to do so? None! Thank you very much. We will now proceed to voting on the question. I shall do so in an alphabetical order, per province. Delegation heads must please indicate to the Chair whether they vote in favour or against, or abstain from voting.
The CHAIRPERSON OF THE NCOP: Eastern Cape?
Ms B N DLULANE: We vote in favour of the report of the committee.
The CHAIRPERSON OF THE NCOP: Free State?
Mr C J VAN ROOYEN: Supports.
The CHAIRPERSON OF THE NCOP: Gauteng?
Mr E M SOGONI: Supports.
The CHAIRPERSON OF THE NCOP: KwaZulu-Natal?
Mr Z C NTULI: There is no mandate from KwaZulu-Natal.
The CHAIRPERSON OF THE NCOP: Limpopo?
Ms H F MATLANYANE: Ha yi seketela. [We support the report.]
The CHAIRPERSON OF THE NCOP: Mpumalanga?
Ms M P THEMBA: Mpumalanga supports.
The CHAIRPERSON OF THE NCOP: Northern Cape?
Mr C M GOEIEMAN: We support the report.
The CHAIRPERSON OF THE NCOP: North West?
Mr Z S KOLWENI: North West supports the committee report.
The CHAIRPERSON OF THE NCOP: Western Cape?
Mr N J MACK: Die Wes-Kaap ondersteun. [Western Cape supports.}
The CHAIRPERSON OF THE NCOP: Eight provinces have voted against the Bill. I therefore declare the Bill rejected in terms of section 65 of the Constitution.
Bill accordingly rejected in accordance with section 65 of the Constitution and referred to the Mediation Committee in terms of section 76(1(d) of the Constitution, read with Joint Rule 186(2)(b).
PUBLIC SERVICE AMENDMENT BILL
(Consideration of Bill and of Report thereon)
The MINISTER IN THE PRESIDENCY: Chairperson, hon members, let me apologise on behalf of the Minister for Public Service and Administration. She is abroad and has asked me to present the Bill. I also need to apologise that I will not be able to make closing remarks on this debate, because I have another commitment at 3 o’clock.
I trust that we all agree that effective service delivery requires an efficient and accountable administration devoid of red tape, with strong anticorruption and compliance measures. The regulatory framework for the administration should, whilst embedding stability and certainty, also facilitate dynamic innovation to allow for the use of new institutional and technological instruments to enhance the provision of services.
The Bill before you today for the second reading provides an opportunity for Parliament to strengthen the democratic values and principles governing public administration – as contained in Chapter 10 of our Constitution - with respect to national and provincial departments.
These values and principles include a high standard of professional ethics, efficient economic and effective use of resources; a development-orientated public administration; impartial, fair, equitable and unbiased provision of services; and responding to the people’s needs.
We need to recognise that certain organisational and human resource practices in the current Public Service Act directly or indirectly hinder service delivery. In broadening access to services for the masses of our people, we must continuously identify innovative ways of delivering services. Currently some government functions are provided by national or provincial departments, away from the points of service delivery and without direct accountability and decision-making by those functionaries responsible for their delivering. Other government functions are provided by entities outside the Public Service without being directly accountable to a political functionary.
We have also come to recognise that compliance with Public Service prescripts does not meet the desired standards. The weakening human resource management results in time-consuming and costly litigation. Employees dismissed by departments for corruption-related and other types of misconduct are often reappointed by other government departments soon after dismissal, which means that misconduct does not carry effective sanctions. Employees suspected of transgressions sometimes resign and are appointed in other departments without disciplinary steps being instituted against them or, if they are instituted, they have been instituted without being sustained.
The primary aim of the amending Bill is, therefore, to improve the organisational and human resource framework for national and provincial departments to address these obstacles to service delivery. This includes facilitating the easier day-to-day administration of the Public Service Act by addressing certain legal difficulties, simplifying or clarifying several provisions, removing obsolete provisions and aligning the Act with other legislation.
The Bill proposes the introduction of a new institutional form, separate from departments but within the Public Service - a government component as well as specialised service delivery units ring-fenced within departments. The heads of government components will serve as accounting officers in terms of the Public Finance Management Act.
The component model is suitable for an institution with a unique identity that has specific measurable functions that can be logically grouped in terms of a particular service delivery model. Such a component may have original statutory functions or be assigned to delegate the statutory functions, or a combination of these.
The assignment of statutory functions of the executive authority to the head of a component, with accompanying shifting of accountability, is proposed to be subject to Parliament’s approval. Government components may, however, not engage in socioeconomic functions to give effect to the rights envisaged in sections 26 to 29 of the Constitution.
A government component is partnered with a principal department, which will assist the executive authority or third department, that is the responsible Premier or MEC in the case of such an Office of the Premier, or a provincial department with oversight of such component.
The advantages of using this organisational form in the Public Service include the customisation of the administrative and operational arrangements designed to suit a particular service delivery environment, better governance through direct accountability and decision-making as close as possible to the point of service delivery which will be an added advantage.
Political heads will also have more direct control and influence over service delivery outcomes without the need to necessarily create entities outside the Public Service.
While proposing this alternative service delivery model, it is important to stress that it is not intended to fragment the state. On the contrary, it responds directly to forms of fragmentation that have already occurred through the establishment of public entities. Indeed the government component model will also be an institutional mechanism to reincorporate some public entities, where appropriate and if required, into the Public Service. The responsible Minister or political head of that component could also, if required to, create an advisory board to advise on service delivery matters or to accommodate stakeholder interest.
In addition to the government component model, the Bill also proposes an enabling provision for the establishment of specialised service delivery units within departments. The features of these units are similar to those of government components except that they may, unlike such components, perform services pertaining to constitutional socioeconomic rights. Moreover, these units will operate within departments while government components will be separate accountable institutions outside departments.
Provision is also made that when the executive authority or head of the relevant department delegates human resource functions affecting specialised service delivery units, these functions must be delegated to the heads.
Subject to the Treasury’s approval and special arrangements regarding accountability, the Bill also provides for compulsory financial delegations to the unit head.
To assist with the enforcement of the provisions of the Public Service Act, executive authorities are compelled to take disciplinary steps against heads of department transgressing its provisions and heads of departments to take such steps against transgressing employees. They are also required to report transgressions to the Minister for the Public Service and Administration and the Director-General of the department respectively.
The Minister for the Public Service and Administration may also report transgressing national executive authorities to Cabinet and transgressing provincial executive authorities, through the relevant Premier, to the provincial cabinet in question. That Minister must also annually report transgressions to the relevant committees of Parliament and of the provincial legislatures concerned.
A further important measure to improve compliance with the Public Service Act is the compulsory implementation by political administrative heads of the directions of the Public Service Commission regarding certain human resource matters.
The Bill also proposes the institution of disciplinary steps against the employees at their new departments for alleged transgressions at departments where they were formerly employed.
Anticorruption measures are to prohibit the re-employment of persons in the Public Service dismissed for specific kinds of misconduct. Examples of misconduct involving corrupt activities are also contained in the Bill. It is proposed that the prohibition on re-employment should endure for a stipulated period, and the different periods may be prescribed by regulation in respect of different types of misconduct.
A number of the amendments in the Bill will enhance employees’ rights, which include compliance measures that extend to collective agreements. These measures will assist employees where departments fail, to the employees’ detriment, to comply with collective agreements and other Public Service prescripts.
Provision is made for a fair process before employees may be transferred to other government departments in the public interest. An employee may make representations on why she or he does not want to be transferred. These representations must then be considered and weighed against the public interest, and that is to better serve the needs of the people.
Employees of government institutions outside the Public Service who voluntarily join a national or provincial department will be transferred in order to recognise their years of service and certain benefits, for example pension and leave credits.
Under the current Act employees need permission to undertake remunerative work outside of the Public Service. The Bill proposes criteria that the employer must consider when deciding whether to give such permission, namely that such outside work should not interfere with the relevant employee’s functions or be in conflict with the code of conduct applicable to public servants.
Certain restrictions on political rights of employees are removed and employees are permitted to participate as candidates in elections. They may be candidates without resigning from the Public Service during the election period. Only when they are elected and accept such election will their employment in the Public Service terminate.
Provision for disciplining employees moving from one department to another will enhance the morale of compliant employees. That means that transgressing employees cannot avoid being disciplined by simply resigning and obtaining employment elsewhere in the Public Service. Similarly, the prohibition on the re-employment of employees dismissed for particular categories of misconduct, including misconduct relating to corrupt acts for a specified period, would assist the morale of honest and otherwise compliant employees.
If this Bill is adopted by Parliament and signed into law by the President, I submit that it will contribute to the efficiency and effectiveness of the organisational and human resource framework for national and provincial departments. This it will do by introducing new service delivery models and enforcement mechanisms, as well as by improving the day-to-day administration of the Public Service Act. While compliance in itself does not guarantee efficient and effective service delivery, it is a necessary step in ensuring improved performance, which is what all of us seek in public services. Indeed all the measures proposed in this Bill are designed to enhance governance, accountability and compliance that I am convinced will lead to better service delivery.
I would like to thank the Select Committee on Local Government and Administration for its vigorous engagement on the proposed measures in the amending Bill. Their participation was aimed at ensuring that these measures accord with the constitutional values and principles of public administration. I also thank them for facilitating public participation through the provincial legislatures.
As hon members are aware, government intends to propose draft legislation to create a single Public Service and administration in the three spheres of government for consideration and debate by Parliament during 2008. I urge all stakeholders to analyse the provisions of the draft legislation for the Public Service to ensure that interest groups and the general public are correctly informed about its scope and purposes. We should all debate this legislative initiative in a robust yet innovative and constructive manner in order to create the conditions for a better life for all our people. Thank you very much, Chairperson and hon members. [Applause.]
Mr S SHICEKA: The Chairperson of the National Council of Provinces, Ministers present, colleagues, special delegates, comrades and friends, today is another milestone where this House is passing a Bill, a Bill that is aimed at building structures and systems that will accelerate the attainment of the Millennium Development Goals. As we all know, government in this country is the single biggest employer. It employs over a million people. Today, we are developing the rules of the game that must govern these more than a million employees; manage, co-ordinate and facilitate what has to happen.
As we all know, the development goals are about halving poverty and unemployment by 2014, but they are also there to ensure that we address a range of constraints in this Bill that include skills, the demands of the second economy, public administration and economic matters. These instruments are aimed at ensuring that we have a better Public Service; a service that is responsive and a service that is friendly to the people.
The state is enjoined constitutionally to ensure that high quality service to the people is delivered. The state has to find the most innovative methods and channels to deliver services within the system of government. The state should have a prerogative to optimally utilise resources in the most effective and efficient manner. The state is reliant on the strength and capability of systems of government in place to ensure successful implementation of a range of programmes designed to respond to developmental challenges.
The current delivery initiatives are hampered by weaknesses in the system. One of them is the continuing silo approach in the delivery of services, resulting in poor co-ordination, poor integration and therefore affects the collective efforts of government. There is a lack of protocol even when you want to co-ordinate services. There is no protocol that ensures that the approach of integration around service delivery is attained.
There is a lack of administrative integration and poor co-ordination between departments and spheres of government. There is an inconvenience to citizens because they have to travel long distances to get to many of the service delivery points. Research has shown that government institutions are not citizen-friendly and Batho Pele principles are far from being implemented as required. The question that we must ask ourselves is: Whereto from here?
The committee agrees to the Bill in as far as it addresses these issues that we believe are important: The creation of a strong centre of government that is in a position to hold service delivery vehicles together and to provide support, guidance and advice where needed; the creation of seamless and integrated service delivery through a single-window approach; the convenience to citizens, integrated service delivery platforms and front offices; the creation of a shared vision with a common culture of service delivery and a systematic sharing of knowledge, expertise, resources and best practices to preclude weak links.
Therefore, we believe that special payment regimes have to be developed so that we are able to attract scarce skills and not only attract them, but also retain them within the system. There should be an optimal utilisation of the limited resources underpinned by the creation of government institutions that are accessible, efficient, representative, accountable, sustainable and responsive to the service delivery needs of people.
Before we came to the Chamber, we had a meeting with the Department of Defence. They are raising an issue of interoperability between systems. They are unable to ensure that systems speak to each other in terms of information and communication technology. Not only that, they are also getting a lot of qualified audits because of systems that are obsolete and old, 25 years old, but at the same time these systems are not helpful in ensuring accountability in relation to resources.
We believe that this Bill is going to create a platform where these things are addressed. Among others there is the issue of mobility of staff. Staff members can be taken wherever they are required. For example, one can take a director-general from a particular department and make him a municipal manager in another area, so that people are able to access skills that are required in a particular area where there is need. To us that is very important.
The police are putting that into practice. In Botswana this system is also in operation. When an official is employed by government he knows that he is employed by the state and not by the department. An official can be moved wherever the need is.
In conclusion, I want to say that when the single Public Service is being discussed we’ll require the department to involve the committee a bit earlier. I also want to thank my colleagues for their contribution, which has been valued, but also thank the Ministry and the department for their insightful engagement with us and say that we are looking forward to the engagement, which will be robust, on the single Public Service. Thank you. [Applause.]
Mr D A WORTH: Mr Chairperson ...
An HON MEMBER: Jy moet mooi praat, hoor! [You should speak very nicely.]
Mr D A WORTH: Ek praat altyd mooi. [I always do.]
Chairperson, firstly I wish to thank the Minister and her department for the presentation and in particular, the Minister for attending our committee briefing on the Public Service Amendment Bill. The Bill seeks, amongst other things, to improve staff mobility arrangements for the Public Service and introduce government components as a new institutional form within the Public Service, as well as specialised service delivery units. It also seeks to enhance compliance with the Act through compulsory discipline of transgressors and reporting on such matters.
Government components have evolved from government agencies. A government component will only be established after a feasibility study has been conducted. It is not clear what its purpose will be as it cannot perform functions related to the delivery of a service such as housing, health care, food, water, social security, etc.
The Minister, through a regulation, may also establish a consultative body. This body will consist of prescribed employees. The connotation of these prescribed employees is open-ended and it is not clear who these employees are. This body will either be consultative or advisory. It would have been expedient to categorically say that the function of this body would take one form or other, that is, consultative or advisory and not either of these. Consultative would mean that the Minister would not act before she consults and they have given her a directive. Advisory capacity could mean that the Minister is not obliged to take the advice.
With regard to the functions of the specialised service delivery units, the functions are clear because the units can perform specific functions that would enhance service delivery of a department within a department. An executive authority may delegate human resource powers to the head of a unit and not to the head of department. The unit head operates on delegated powers.
The Bill also makes provision for the transfer and secondment of heads of departments. This is a political matter because the head of department executes policy of the government in a national or provincial department.
In all cases of the appointment of a head of department, a Cabinet committee comprising of the Minister under whom the head of department will serve recommends the candidate to the President. In the case of a province the procedure is different, as the Premier or MEC decides who this is going to be, because the province is another sphere of government.
This, of course, is a potential for conflict if the President were to transfer a head of department to a province where the Premier belonged to a party other than the President’s political party. It might be said that the appointment of a head of department is an administrative matter, but this is not so. It remains a political matter.
Whilst the Bill is a good regulatory mechanism regarding conditions of service and service delivery, this Bill will be repealed soon after the draft Single Public Service Bill becomes law, as there will be bulk transference of sections from the Public Service Act and the Public Service Amendment Bill to the draft Single Public Service Bill.
As the hon Minister said, “You ain’t seen nothing yet”. The creation of a single Public Service is nothing more than placing the Public Service under one central control leading to a central bureaucracy. The DA would rather strengthen our local, provincial and national governments to improve service delivery.
More sinister, however, is the draft proposal being circulated of a Public Administration Management Bill, PAMB, which may become law in 2009. This Bill is set to curtail municipalities’ autonomy by transferring decision-making to central government and bringing local public sector employees under Pretoria’s control.
As the Minister said, and I repeat: “you ain’t seen nothing yet”. The DA cannot support the centralisation of power and a single Public Service, and therefore not the Bill. Thank you. [Applause.]
Mr M P THOBEJANE (Limpopo): Chairperson of the House and my colleagues, following in the footsteps of my other colleagues, may I say that, as the legislature of Limpopo, having read and looked at the inputs made by the public and knowing pretty well that it is our function as politicians to make sure that we harmonise all our laws, we see this as one of the Bills which will be able, if passed, to take this country forward. If passed into law, the Bill will improve service delivery through the establishment of government components and specialised service delivery units within departments.
It will further determine employee candidates in the legislatures and municipalities. The Bill will require the exhaustion of internal remedies before external legal remedies in the case of disputes of a labour nature. This Bill, if passed into law, will also effectively address the question of employees who take pension from the age of 55 without losing pension privileges. It will also address the redeployment of people with scarce and special skills to where they are most needed by our people.
The Bill will also adequately address the changing of departments by employees without any negative effect on their pensions and salaries.
The Bill, however, as it attempts to do, should clearly stipulate that employees in management and senior administrative positions shouldn’t occupy public representative positions, as this has proved to be an impediment to service delivery.
In conclusion, the legislature of Limpopo, having considered and supported the provisions of the Bill, and taking into consideration the inputs made by the people out there, urges this House to pass this Bill into law, as this is one of the best ways of unlocking blockages in the Public Service administration and as it is one of the ways which will enable us to move swiftly towards the delivery of effective service on the ground. We support the Bill. Thank you. [Applause.]
Mr G B BHENGU (KwaZulu-Natal): Hon Chair of the NCOP, hon Ministers present, hon members of the Council, colleagues, I have been mandated by the KwaZulu-Natal legislature to support this Bill. The mandate was conferred by the majority of the legislature on 15 November 2007. The Bill tightens up a number of problem areas in conditions of service for public servants, and I not going into details.
The most important areas that have been problematic relate to the transfer, retirement, discipline, dismissal, outside work, assignment of power, grievances and political rights of employees.
The Bill also makes provision for alignment of conditions of service of the general Public Service and sectors with their own employment laws such as educators, SAPS, Defence, Intelligence and Correctional Services. A committee of Ministers will need to concur with the determination of annual salary adjustment. Perhaps most importantly, the Bill makes provision for two new structures known as a government component and a service delivery unit.
A government component is a separate institution within the Public Service; answerable to the Minister and partnered with the department, it is subject to the Public Finance Management Act. Its employees are public servants and it will have a ring-fenced function allocated to it, which will either be assigned or delegated or statutory. The advantage of the government component will be that services will be streamlined closer to the point of delivery and, where deemed necessary, they can re-incorporate some public entities. A component can be established by proclamation of the President or the premier of the province, which must be preceded by a feasibility study.
Service delivery units are similar to government components, but, unlike government components, are able to perform services related to socioeconomic rights, which government components are not able to do. The objective behind government components and service delivery units is thus to customise administrative and operational arrangements to soothe the service delivery environment. There will be better government via direct accountability and decision-making as close as possible to the point of service delivery. Political heads will have more direct control over service delivery outcomes without the need to create entities outside the Public Service.
In conclusion, it gives me pleasure on behalf of the KwaZulu-Natal legislature to support this Bill.
Mr A J L MOSEKI: Modulasetulo, mošomo wo montšhi o šetse o dirilwe ke maloko ao a tlilego pele ga ka. [Chairperson, a lot of work has already been done by the members who came before me.]
I am not going to go back and repeat what they have said. However, there are important points that I think need clarification, especially to help Mr Worth. I think it is extremely important for members who serve in this House to always be honourable so that they can help our people to better understand the laws passed by this House, and not mislead our people - which is exactly what Mr Worth has done.
Mr Worth says that this Bill intends to centralise power. What Mr Worth is not telling the people of this country is that this Bill addresses challenges faced by government - the bottlenecks that block speedy delivery and the problems of skills that need to be shared by all spheres of government. He is not telling the public that. This Bill is actually intended for that.
Having said that, Mr Worth should also, as an hon member, have the honour to tell our people that South Africa is a developing state. As a developing state, we have a responsibility to change things that were done by the previous government which are not helpful for the state to develop as expected.
But what also becomes important for us to communicate to the public is that the government of the day has an agenda – an agenda to transform the country. Mr Worth is not telling the people that. Mr Worth is not telling the people that this Bill is one instrument that is being used to ensure that this country is speedily and effectively transformed. I think as hon members we must learn to do that.
Having said that, I want to mention as I stand here that this Bill was tabled before the select committee. The select committee deliberated on the Bill and saw an urgent need for this Bill to support the existing Act in order to transform the state as expected, particularly in view of civil servants - to clarify certain roles that were not clarified by the Act. Therefore, as members of the ANC serving in the select committee, understanding the need to transform and understanding that we are a developing state, we have agreed that this Bill be passed by this House. Thank you very much. [Applause.]
Debate concluded.
The CHAIRPERSON OF THE NCOP: I shall now put the question in respect of the Second Order. The question is that the Bill, B31B-2006, be agreed to. As this decision is dealt with in terms of section 65 of the Constitution, I need to ascertain very clearly whether delegation heads are present in the House.
In accordance with Rule 71, I shall first allow provinces the opportunity to make their declaration of vote if they so wish. Is there any province that wishes to make a declaration? There is obviously none.
We shall now proceed to the voting on the question. I shall do this in alphabetical order per province. Delegation heads must please indicate to the Chair whether they vote in favour or against or abstain from voting. Eastern Cape?
Ms B N DLULANE: Siyayixhasa. [We support.]
The CHAIRPERSON OF THE NCOP: Free State?
Mr C J VAN ROOYEN: Vrystaat ondersteun. [Free State supports.]
The CHAIRPERSON OF THE NCOP: Gauteng?
Mr E M SOGONI: Ke ya rona. [We support.]
The CHAIRPERSON OF THE NCOP: KwaZulu-Natal?
Mr Z C NTULI: KwaZulu-Natal votes in favour.
The CHAIRPERSON OF THE NCOP: Limpopo?
Ms H F MATLANYANE: Limpopo ondersteun. [Limpopo supports.]
The CHAIRPERSON OF THE NCOP: Mpumalanga?
Ms M P THEMBA: Mpumalanga ondersteun. [Mpumalanga supports.]
The CHAIRPERSON OF THE NCOP: Northern Cape?
Mr C M GOEIEMAN: Ondersteun. [Supports.]
The CHAIRPERSON OF THE NCOP: North West?
Mr Z S KOLWENI: North West ke ya rona. [North West supports.]
The CHAIRPERSON OF THE NCOP: Western Cape?
Mr N J MACK: Elethu. [Supports.] [Interjections.]
The CHAIRPERSON OF THE NCOP: You said it correctly. Don’t mind what they are laughing at.
The nine provinces have voted in favour. I therefore declare the Bill agreed to in terms of section 65 of the Constitution.
Bill accordingly agreed to in accordance with section 65 of the Constitution.
RENTAL HOUSING AMENDMENT BILL
(Consideration of Bill and of Report thereon)
The MINISTER OF HOUSING: Chairperson, hon members of the NCOP, according to the most recent statistics at our disposal, only 10% of our population can afford to buy and own a house at current prices. This should tell all of us here of the dire need that exists out there. We cannot cater for the rest of the population, or those who do not fall within the 10% bracket as indicated. For this group, we are dependent on rental as the only means for provision of accommodation and shelter. We are therefore heavily reliant and place particular stress on the efficient functioning of the rental housing market.
Over the past eight years we have operated under a very specific rental framework and have found that we needed to urgently attend to its shortcomings so as to ensure greater efficiency and fairness in its application. What we bring to the House today is an amendment to the existing rental legislation, brought about after extensive consultations which began exactly a year ago. Subsequently, the amended Bill was published in the Government Gazette. What we bring for your approval is a culmination of these processes.
Basically, the Bill endeavours to address some critical implementation problems and to remove vestiges of discrimination that stubbornly remained in our system and also to remove a great deal of unfair burden placed on the landlord. We start off by defining “unfair practice” to ensure that all manner of unseemly practices which had dishonouring and discriminatory effects were included in the definition and therefore prohibited. The definition now means: “any act or omission by a landlord or tenant in contravention of the Act; or a practice prescribed as a practice unreasonably prejudicing the rights or interests of a tenant or a landlord.”
The Bill makes provision that unfair practice will be dealt with fully in the regulations which are currently being drafted in full consultation with provinces and rental housing tribunals. A workshop is currently planned to be held between 22 and 23 November this year with government stakeholders to obtain inputs for these regulations. The reason for this amendment was that there was uncertainty as to what constituted unfair practice. With the amendment and the regulations, all unfair practices will be covered and there will be no uncertainty.
Consequently, a great deal of unhappiness experienced with the law is minimised. We have deleted references to “bona fide” in the law. This is done to ensure that a landlord may not discriminate against any visitor to a tenant, thus removing the current limitation. Currently, a landlord has a prerogative of prohibiting any visitor they do not consider bona fide.
Rental tribunals are given the right to issue rulings pertaining to the seizure of possessions subject to any regulations by the Minister. The Act is being amended to expressly provide for the seizure of possessions of defaulting tenants, but only after a ruling to that effect by a Rental Housing Tribunal or an order of court.
Furthermore, amendments are made on information on rental receipts. A relevant section specifies information that must be contained in the receipts issued by a landlord for payments made by the tenant. They should follow a particular prescription. An argument has been raised that where, for instance, tenants are able to make payments at supermarkets, etc, all the required information is not provided. To cater for this situation, a subsection has been amended to allow a tribunal in exceptional circumstances to exempt a landlord from providing certain information.
This amendment was necessary because in some cases it was difficult for a landlord to provide information, particularly if there was an agent acting on behalf of the landlord. However, the tribunal will certainly require proof of all monies paid by the tenant, which will protect the tenant from unscrupulous landlords. Section 5 of the Act is therefore amended to clarify aspects pertaining to the issuing of receipts by landlords, namely that the tribunal may in exceptional cases give the necessary leeway.
There is an additional subsection in the Act providing that any costs in relation to contract fees in lease agreements shall only be payable by the tenant upon proof of factual expenditure by the landlord. This will prevent landlords from charging exorbitant costs for a standard contract of lease.
Amendments make provision for the manner in which the landlord must invest the deposit paid by a tenant. The problem encountered in this regard has been that the law provided that the landlord must invest the deposit in an interest-bearing account with a financial institution and must pay the tenant the interest accruing, provided that the rate of interest may not be less than the rate applicable to a savings account with that financial institution. In practice, however, different financial institutions have different interest rates, and the current wording of the provision does not allow for this. A technical amendment is therefore made to refer to such interest rates applicable to the particular financial institution that is used by the landlord.
A new paragraph has been included to deal with any costs associated with compliance with the provisions of the law such as contract fees - as we have mentioned above.
Most importantly, the jurisdiction of the rental tribunals is clarified. The Act is amended by the inclusion of a subsection which gives the tribunal the power to issue spoliation and attachment orders and to grant interdicts. This was not spelled out in the original Act. The spoliation orders and interdicts could be to the benefit of both the landlord and the tenant, whereas the attachment orders would generally be to the benefit of the landlord against the tenant. The rulings of the tribunals must now be enforced in terms of the Magistrates’ Courts Act, Act 32 of 1944, and a tribunal must refer any matter that requires eviction to a competent court. The reason for the above inclusion is to ensure that no tribunal has the right to evict in terms of section 26(3) of the Constitution. Only a court may order an eviction. We have therefore amended the law to ensure that we are in line with this.
The Act is further amended to empower the Minister to make regulations. This amendment is necessitated by the need to ensure uniformity throughout the country with regard to procedures followed by tribunals, as well as rulings made by them. In the past, this power was vested in the MEC and this has resulted in a great deal of variation, which is ultimately unworkable.
Unfortunately, in relation to landlords, the common occurrence in which landlords make unlawful lockouts and the shutting off of utilities is now regarded as an offence. Landlords are required to ensure that they comply with the correct legal proceedings at all times, whatever their grievances may be against their tenants.
The Bill is amended by the substitution of some of the subsections so as to vest the power in the Minister to make regulations as compared to the current provisions which enable MECs to make regulations.
Finally, in our view, these changes will bring much-needed changes in the rental housing market which will enable it to be one of the dominant instruments of our policies. As consultations over the Bill revealed, our interactions with the housing sector show that the sector approves and is ready to accept these changes. I therefore introduce the Rental Housing Amendment Bill 2007 to this House. I thank you. [Applause.]
Mr R J TAU: Chairperson and hon Minister, I must say that my life has never been as difficult as it is today, precisely because of you. If I had it my way I would have said, “Chair, we agree” and I would have sat down.
Nevertheless, it is quite as important that one must just re-emphasise a few aspects of what the Minister has already put before us. As a section 76 Bill, I think what came out of the public hearings that we had throughout the provinces was what seemed to be quite common - the excitement that was expressed by our people.
As the Minister has already mentioned, the people who are mainly affected by the environment of rental housing in the main are the working class and the poor. This piece of legislation that we are putting before the House for adoption seeks to protect them and to ensure that they are not treated unfairly. What came out frequently was the question of the lockouts because, at times, you would be confronted with the way our people are treated, especially when there are disputes between the landlord and the tenants. The landlord would automatically have the upper hand and would just lock our people out and they would not have anywhere to go.
As a result, it is only fair that one must express the great appreciation that our people have for this. Of course, it did not also just come about without any serious issues of contestation from some other provinces but, out of the nine provinces that held public hearings and participated actively and vigorously in the development and finalisation of the Bill itself, six provinces expressed their support for the Bill. As a result, the committee was then given an overwhelming mandate to then submit to the House that this Bill be adopted. I thank you very much, Chairperson. [Applause.]
Mrs J N VILAKAZI: Chairperson, hon members ... Hon Minister, I am sorry. I started by addressing members when I was supposed to have started with you first.
This Bill comes at a time when some people have encountered some difficulties and suffered a lot as tenants under landlords or property owners. The IFP welcomes the objectives of the Bill and also believes that the common practice of unlawful lockouts, as my colleague has mentioned, of tenants and of cutting off of utilities will now be an offence.
Sihlalo ohloniphekileyo, umthetho osezithebeni manje unikeza umqashi nomqashwa ilungelo elimfanele. Kwathi cheze nje emthethweni oshayiwe, umthetho oshayiwe uzoyidlala indawo yawo kulowo ohlulekile ukuwugcina. Ushayiwe manje umthetho, ohluleka ukuwugcina lo mthetho, uzoyidlala indawo yawo. Siyethemba ke ukuthi izingxabano eziba khona phakathi ko mqashisi no mqashi, inkinga ebikhona izophela nya. Sihlalo thina be IFP siyawusekela lo mthetho ngo elethu. Ngiyabonga [ihlombe]. (Translation of isiZulu paragraph follows.)
[Hon Chairperson, the legislation before us will now give both employer and employee their appropriate rights. Any deviation from the law, the envisaged law, once passed, will take its course against the one who fails to abide by it. The law has now been passed and it will now take its course against anyone who breaks it. We hope that the disputes that are common between employer and employee will now come to an end. Hon Chairperson, the IFP supports this Bill. Thank you. [Applause.]]
Mr T MAANDA (Limpopo): Hon Chairlady, as the Limpopo legislature we held public hearings and workshops with various municipalities. All the stakeholders in Limpopo support the principles of the Bill.
There is nothing much that one can say except to confirm the mandate given to us as special delegates from the Limpopo legislature, that we are only here to support the Bill. Thank you. [Applause.]
Mr A WATSON: Hon Chairperson, hon Minister and members, allow me to start off with a protest in regard to the shortened times allocated to speakers for the debates this week. This move is understandable, however, given the large volume of considerations before the House but that in itself, hon Chairperson, is emblematic of the total disregard that the institution has for the NCOP by forcing it to have last-minute, pressure-cooker-style debates in order to pass legislation and ratify agreements.
The good news is that I won’t talk against the amending Bill before us, but I will, however, attempt to address a serious matter in the meagre four minutes allocated to me. According to the ATC of 14 November 2007, the Select Committee on Public Services reports the amending Bill under discussion without amendment. This means that all or at least the majority of provinces will support the Bill as it stands.
Now, this cannot be correct and some dealings must have taken place behind the scenes agter toe deure [behind closed doors], because I recall very clearly that certain provinces had serious misgivings about some aspects of the Bill, and a number of these were supported by the committee during the meeting at which the negotiating mandates were considered less than two weeks ago. Even a section where reference to the role of the NCOP select committee is blatantly omitted now remains uncorrected.
But, be that as it may, because the final mandates of the provinces will obviously determine the outcome which seems to be a given fact, I am nevertheless very concerned that we are not doing justice to our task as legislators and elected representatives of the people. The rushing of legislation, however inferior it may be considered, is tantamount to rubber-stamping, and that cannot be condoned. Let me remind you of an old saying, which warns that you become what you condone. If we condone ineffective legislative processes, then we become ineffective ourselves.
During the deliberations in the committee and while the process was unfolding in the provinces, we were made aware of a number of very important inputs from interested parties and individuals, but nothing could be done at that stage other than inputs at public hearings.
To name just three of these inputs, I refer the House to the submissions from the Gauteng Rental Housing Tribunal, an institution constituted in terms of this very same legislation, the Property Owners and Management Association of SA and Mr Michael Lazarus, an independent thinker and a tenant himself.
I referred the inputs from the latter to the provincial portfolio committee of the Western Cape, and they have undertaken to investigate the submissions for possible further actions. I am sure that all these submissions should have been attended to by Parliament’s portfolio committee. The submissions were, however, too late to be considered and are now parked in a cul-de-sac.
I think the whole legislative process should be reinvestigated to ensure that the voice of the electorate is really heard. I have many thoughts in this regard but, as a start, we could revamp the system to allow for new or amending legislation to be passed on to the NCOP as soon as it is agreed to by the portfolio committee but before being passed in the National Assembly. Legislation should only be debated and passed in both House once all creases have been ironed out. I refer specifically to section 76 legislation.
This will not only contribute to more meaningful negotiations all round but will probably also eliminate the cumbersome process of mediation. When all the wise persons considered and negotiated the Constitution, they could not foresee the hiccups awaiting the legislators, so if we have to amend the Constitution to facilitate meaningful legislation, then we must do so, Chairperson. Thank you. [Applause.]
Ms B L NTEMBE: Hon Chairperson, hon Minister Sisulu and hon members, I’ll try to finish my speech in the two minutes allocated to me. [Laughter.]
The Rental Housing Tribunal, which is established under the Rental Housing Act of 1999, deals with disputes between landlords and tenants. Vacuums and loopholes existed in other areas such as in the self-storage rental property business. Due to these vacuums, tenants were abused by the owners of the rental property businesses. In cases of disputes, they took the law into their own hands by breaking into the premises, removing the property of the tenants and selling it for coverage of outstanding debts.
The amendments of this Bill should speak to and address the infringement of the right to privacy. Appropriate legislation should be put in place to govern such disputes. We are living in a country which is governed by laws; hence the ID expects these amendments to address the out-of-proportion rental fees which landlords charge, especially in Cape Town. Yes, hon Chairperson, the rental fees have become ridiculously high. Something needs to be done about them.
When houses are built it should be with the purpose of building communities and not just houses. The ID acknowledges the need for housing out there but just having houses without any schools, shops, churches and that kind of infrastructure does not uplift the lives of people. It only provides them with a roof over their heads.
Housing also is meant provide homes. The use of these houses as tuck shops is a concern. People who can afford to, buy these houses and use them as tuck shops. Where it was meant to provide a roof over someone’s head, the house instead became a business. However, the ID supports the Bill as it is a good effort. I thank you. [Applause.]
The HOUSE CHAIRPERSON (Mrs M N Oliphant): Madam Deputy Chairperson, hon members, firstly, I want to say that as the ANC we fully support this piece of legislation. I want to highlight the issues that were raised by the provinces. I am not sure whether the hon Watson was part of the meeting that had the final mandates, because provinces had given indications on how the process was done at provincial level and the reason why they took a decision to support that piece of legislation. I would probably urge the hon member to go through all the submissions that were made by provinces.
There was a proposal by KwaZulu-Natal to say that we needed to change the name of tribunals. After having discussions at the committee level, the department clarified that issue by saying, in fact at the beginning, that that was not their proposal but that the parliamentary committees had come up with that particular wording of tribunals in 1996 and that was why we have that wording here. And they were saying it was up to the committees of Parliament to amend the very same word that was proposed by the committees.
Secondly, I think there was also confusion, particularly regarding clause 13, because the provinces of KwaZulu-Natal and the Eastern Cape wanted clarity on that, asking if we were not contradicting the very same clause. But that section is substituted by clause 14 which, I believe, if both KwaZulu-Natal and Eastern Cape read carefully, will of course support this particular legislation. On the argument for KwaZulu-Natal not to come up with a mandate as to whether they support or not, they said they wanted clarity on that particular aspect. But as a member from that particular province, I would urge my province to support it after having read this carefully.
As the chairperson of the committee has said, six provinces voted in favour at that particular meeting. In fact, even Gauteng voted in favour. But the problem with Gauteng was that their mandate was not signed and we urged the member from that particular province to go out and ask their province to give a formal final mandate, and he came with the signed mandate after the meeting was adjourned. I believe that right now the seventh province has voted in favour. [Interjections.]
Only one province, namely the North West, said it couldn’t give a mandate because it didn’t do any of the processes in terms of that legislation. The member said he was told not to come and brief the province and at a later stage he was also told that because the briefing was not done in the province, that they therefore couldn’t participate in taking a particular decision. [Interjections.]
Therefore, I would urge those provinces, particularly KwaZulu-Natal, to support the Bill. Thank you, Chairperson. [Applause.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Order! I would like to bring to the attention of members of this Chamber this notice on Rule 32, which says: During the debate in the Council, no member may converse aloud. Rule 33 says no member may interrupt another member who is addressing the Chair except to call attention to a point of order or a question of privilege. Thank you.
The MINISTER OF HOUSING: Chairlady, very little remains for me to say. At the end of this, I’d like to thank all the members who took time to go through and deliberate on the Bill, and who came here today to support it.
I’m very sympathetic to the member of the DA, hon Watson. However, the bulk of his concerns do seem to have a bearing on the workings of the House, rather than the Bill itself. He took time to actually deliberate on the legislative processes, but I wish to put that aside because he did not deal with the Bill itself. However, one point needs to be made that the hon member said, and I quote: “We must give enough attention to all Bills, no matter how insignificant they are.” I hope that “insignificant” did not refer to any of my Bills. [Laughter.] That is the only amendment I’d like to put forward regarding what he had to say. Even though I’m sympathetic, none of my Bills are insignificant in any way.
I would like to assure the House that a great deal of time has been taken over a period of a year to ensure that we have as much consensus on this matter as possible, because it has been a very sensitive matter. This ensures that we can keep a balance between the interests and the concerns of the tenants and, at the same time, ensure that the market itself is not overly burdened with processes that we have put in place.
I’d also like to indicate to hon members the concerns that were raised by the hon members from KwaZulu-Natal, one of whom did, in fact, say any amendments that they might have provided, they would put in such a way that they do not, in any way, change the essential elements of the Bill. So whatever else they may have put in place, they did include a proviso that none of this would change the essential elements of the Bill.
Having said that, I would like to thank you very much for deliberating on this very significant – extremely significant - Bill, Mr Watson. I thank you for your time.
Debate concluded.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): That concludes the debate. I shall now put the question, and the question is that the Bill be agreed to.
As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the Chamber to cast their provinces’ votes. Are all delegation heads present?
In accordance with Rule 71, I shall first allow provinces an opportunity to make their declarations of vote, if they so wish. We will now proceed to voting on the question. I shall do this is alphabetical order, per province. Delegation heads must please indicate to the Chair whether they vote in favour of, against, or abstain from voting. Eastern Cape?
Ms B N DLULANE: Siyayixhasa. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Free State?
Mr C J VAN ROOYEN: Vrystaat ondersteun. [The Free State supports.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Gauteng?
Mr E M SOGONI: Elethu. [In favour.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): KwaZulu-Natal?
Mr Z C NTULI: KwaZulu-Natal did not get the mandate.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Limpopo?
Mr J M SIBIYA: Limpopo ya yi seketela. [Limpopo votes in favour.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Mpumalanga?
Ms M P THEMBA: Mpumalanga e go tlatša go menagane. [Mpumalanga supports.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Northern Cape?
Mr C M GOEIEMAN: Ke a rona. [Supports.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): North West?
Mr Z S KOLWENI: North West is in favour.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Western Cape?
Mr N J MACK: Die Wes-Kaap ondersteun. [The Western Cape supports.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Eight provinces have voted in favour of the Bill. I therefore declare the Bill agreed to in terms of section 65 of the Constitution.
Bill accordingly agreed to in accordance with section 65 of the Constitution.
CRIMINAL LAW (SEXUAL OFFENCES AND RELATED MATTERS) AMENDMENT BILL
(Consideration of Bill and of Report thereon)
The DEPUTY MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Chairperson, hon members, ladies and gentleman, comrades and friends, may I firstly apologise for the Minister not being here. She’s busy with a debate in the other House; we thought it would dovetail, but it hasn’t.
Hon members, I feel privileged to introduce this debate, particularly at this time of the year when we stand on the eve of the commencement of the annual 16 Days of Activism for No Violence Against Women and Children. This campaign, generating as it does an increased awareness of the negative impact of violence against women and children, can this year be enriched by celebrating this House’s willingness and commitment to addressing the plight of women, children and other vulnerable groups who are so often the victims of sexual atrocities when it approves this Criminal Law (Sexual Offences and Related Matters) Amendment Bill.
As indicated in the long title, the preamble and the clause setting out the objects of the proposed legislation, the Bill aims to review and amend the existing body of law relating to sexual offences comprehensively and extensively. The aim is to have a single statute, dealing with all aspects relating to this important and sensitive area of the law and its implementation. Obviously, members realise that having everything in one Bill from now on is going to help the police, the prosecutors, the courts, as well as the victims.
Time simply does not allow me to say all I would like to. I have consequently decided to focus on some aspects which I consider to be ground-breaking, particularly those areas which have been hailed as victories in our commitment to achieving gender equality and to protecting vulnerable groups, most notably women, children and persons who are mentally disabled, from the scourge of sexual violence in its many manifestations.
Before dealing with some of these ground-breaking issues contained in the Bill, I would like to share an observation that has been made, namely that for the first time in South African legal history, we will have codified a substantial portion of our criminal law into a single statute. The approval of this Bill by the National Council of Provinces today will indeed be a historic event. Chapters 2, 3 and 4 of the Bill contain many examples of how the shortcomings in our common law dealing with sexual offences have been addressed in the Bill, with a view to bringing them into line with our constitutional dispensation and ensuring that we have as many quick and successful prosecutions as possible, with the least secondary trauma for the victims concerned. For example, the present common-law offence of rape is gender-specific. Only a male can commit the offence and the victim can only be a female. Clause 3 addresses these shortcomings to the extent that it will now be possible for a man to be raped by another man, for a woman to be raped by another woman and for a man to be raped by a woman. [Interjections.] Please, don’t sound so enthusiastic on the last one. [Laughter.]
This major departure from what the law is currently is to be welcomed. Persons who commit horrific acts of sexual penetration, which at the moment do not qualify as rape will, if convicted in terms of the proposed new offence, be justifiably stigmatised as rapists for the rest of their lives. The extension of the common-law definition of rape necessitated revisiting the common-law crime of indecent assault, eventually leading to the creation of a new statutory crime, namely sexual assault, which covers nonpenetrative sexual acts, committed unlawfully and intentionally as contemplated in clause 5 of the Bill.
The destructive nature of crime and especially the barbaric mentality of some criminals can never be underestimated. In many instances it is not enough for criminals to commit rape and, as a result thereof, to devastate the lives of innocent victims. They go further and sometimes force a loved one of the victim to watch the rape taking place. Clause 8 of the Bill, therefore, among other things, prohibits any person from compelling another person to witness a sexual offence being committed in his or her presence.
Two chapters of the Bill have been devoted exclusively to victims of sexual offences who are particularly vulnerable, and those two groups are children and persons with mental disabilities. While the Bill singles out these vulnerable groups, I trust that our courts and the prosecuting authority will leave no stone unturned to ensure that persons who commit sexual offences against other vulnerable victims, such as the elderly and the physically disabled, also get their just deserts.
There are four new crimes in Chapter 3, dealing with child victims, which deserve particular mention. The first of these four is the crime of the sexual exploitation of children. In terms of clause 17, a person who purchases or, on behalf of a child, sells the sexual services of a child, is guilty of the offence of sexual exploitation of a child. This clause aims to criminalise the actions of clients and other players who are involved in the exploitation of children, for instance pimps. A person who engages the sexual services of a child for reward and then goes on to commit a sexual act with that child, can also be charged, prosecuted and convicted of a further offence, for example, rape or statutory rape, in addition to sexual exploitation. I welcome this extra protection afforded to children.
The second crime deals with the sexual grooming of a child. This is something entirely new in our law. It is specifically aimed at providing additional protection to children against an ever-increasing threat. Our children are increasingly becoming exposed to the risk of persons who, through their own devious methods, systematically prepare or soften children in order to eventually satisfy their deviant sexual needs.
With the age of electronic communication in full swing it has become even more important to protect our children from the very real dangers that lurk behind apparently innocent communication tools, such as cellular phones and the Internet. Clause 18, firstly, aims to draw a distinction between persons who promote or facilitate the grooming of a child and those who actively groom children. Here we are talking about people who use pornography, people who use books and comics and who try to entice children to look at these things and, in that way, make them used to sex and so on until the suggestion comes, “Well, why don’t you try it yourself?” That is what we are talking about here.
The sexual grooming here is by people that use the Internet, for example the chatrooms, and then talk to the children and organise meetings with them. Do you remember a little while back with the cellphones? There was that special, and they found that a whole lot of paedophiles had been part of that. That is what we are talking about here: using the Internet, cellphones, comic strips and those types of things to try to soften children and make them used to sex, make them used to thinking about it and discussing it and not to make it as if it is something. And when they start getting used to it, then they of course seduce these children and do what they want to them. That is what we are talking about with the grooming of children.
The last two crimes deal with pornography, that is the display or exposure of pornography and more particularly pornography to children and using children in any manner whatsoever for the creation of child pornography. We have criminalised both: if you use children for pornography or you give it to them or distribute it to them.
Chapter 4 of the Bill, focusing on victims who are persons with mental disabilities, to a large extent mirrors all the crimes that we have created for children. Obviously, persons with disabilities are a special category of people that are totally and utterly helpless, usually, when it comes to defending themselves and we have created a special chapter on people with disabilities to protect them as well.
In debates of this nature one tends to concentrate on the substantive provisions contained in the Bill. I would, however, like to draw attention to some provisions in the schedule to the Bill. These seemingly less important or incidental provisions should not be overlooked and my view is exactly what the Minister said here earlier, about important and unimportant Bills.
There are three provisions, almost hidden at the back of the Bill, which I support wholeheartedly and which will go a long way in reducing the secondary trauma victims of sexual offences so often have to experience. Firstly, I welcome the overhaul of section 227 of the Criminal Procedure Act of 1977, which is intended to set out the circumstances when evidence relating to the previous sexual history of a complainant is deemed to be relevant. I welcome the criteria which a court must take into account before it can admit such evidence, for instance, whether such evidence is in the interests of justice, with due regard to the accused person’s right to a fair trial and whether the evidence is in the interests of society in encouraging the reporting of sexual offences.
The amendments proposed in sections 158 and 170A of the same Act will also assist complainants, the former dealing with the giving of evidence by means of closed-circuit television - and we want most children to be able to give evidence with a closed-circuit television - and the latter dealing with the appointment of intermediaries through which complainants can testify. These amendments require a court to provide reasons for refusing an application to invoke the protection envisaged by the two mechanisms in question in cases in which the complainant is particularly young and vulnerable, namely under 14 years.
I am also heartened by the provisions of clause 60 that, once and for all, abolish the cautionary rule in sexual offences, which is another victory for gender equality. You may not know this, but judges, when listening to the evidence of a complainant in a case of sexual offence, say: “I take particular caution in looking at the evidence of this witness as she is a woman and there is the possibility that she may have fabricated it.” That is a horrible legacy that we have retained in our law. No other witness has to deal with that. When you as a man give evidence against someone, they don’t say, “You are a man and you are involved in this sexual offence and you may just be lying” and so on.
That cautionary rule is being completely abolished in our law with this legislation. This clause confirms the decision of the Supreme Court of Appeal in S v Jackson 1998. The evidence of complainants in sexual offences cases was, prior to the Jackson case, treated with caution merely because of the nature of the offence. The Supreme Court of Appeal, in the Jackson case, abolished the rule and stated that, in sexual assault cases, the rule is based - ``... on an irrational and outdated perception. It unjustly stereotypes complainants in sexual assault cases - overwhelmingly women - as particularly unreliable.”
The repeal of the common-law rule was confirmed in the cases of
S v M 1999 and S v M 2000. However, this approach was not followed in S v Van der Ross. Therefore we have now introduced into law clause 60, which eliminates any doubt as to what the law should apply in this regard.
I mentioned earlier that the time available to us simply does not allow me to speak on all the contents of this Bill. I would also like to briefly highlight the importance of Chapters 5 and 6 of the Bill. Chapter 5 of the Bill, among other things, provides that victims of sexual offences are entitled to be provided with post-exposure prophylactics at state expense at public health establishments designated by the Minister of Health on condition that they report the offence within 72 hours of its commission and obviously receive the treatment within the 72 hours.
Secondly, we are also allowing that someone can apply to a court for an order directing that an alleged offender be tested for HIV, with the view to having the test results made available to the victim so that the victim can make personal lifestyle decisions.
It needs to be stressed that the provisions contained in Chapter 5, dealing with the compulsory HIV testing of alleged sex offenders, should not be interpreted as detracting from the importance of a victim determining his or her own HIV status, notwithstanding the outcome of the HIV testing, and receiving the necessary medical advice and treatment after the commission of a sexual offence against him or her. It is just a further mechanism we are creating to try to create peace of mind for a person, whether the person needs to take special precautions because the person who raped her was HIV-positive or not.
Chapter 6 of the Bill, dealing with the creation of a national register of sex offenders, reflects the government's resolve to promote the safety and security of certain vulnerable groups by prohibiting certain sex offenders from being placed in positions of employment, authority, supervision or care of children or persons with mental disabilities. That is what this does. It allows you to check on someone you are employing or who is supervising your children. You can get hold of this office and find out whether this person has previous convictions of sexual offences, so it’s that kind of protection.
I commenced my speech by referring to the 16 Days of Activism Campaign. I would like to conclude on the same topic, again with reference to the Bill. One of the key messages of this year's campaign is that government, in creating an extensive policy and legislative framework that deals with crime, sends a strong message to offenders that violent abuse will not be tolerated. The enactment of this Bill will, among other things, enhance government's resolve to address the abuse of women and children by criminalising the various manifestations of sexual violence and abuse. I hope that this Bill, when it becomes law soon, will be applied with vigour by all role-players.
The portion of the Bill to which this is particularly relevant is Part 3 of Chapter 7, dealing with the adoption of a national policy framework. The Minister for Justice and Constitutional Development must, in terms of the said Part 3, liaise with her colleagues the Minister of Safety and Security, the Minister of Correctional Services, the Minister of Social Development and the Minister of Health, as well as the National Director of Public Prosecutions with the view to adopting a national policy framework relating to all matters dealing with the Act in order to try to create uniformity, consistency and enhanced delivery.
An intersectoral committee, consisting of the directors-general of all the departments and the NDPP is envisaged, which will play a major role in this regard. I see this committee and the national policy framework contributing towards making a success of translating the envisaged line function responsibilities of all role-players into reality. The development of this Bill has spanned the administration of three Ministries.
Hon members are aware that this Bill started with the SA Law Commission and has been here for a long time, and we have to thank the many individuals who have worked tirelessly to get this very important matter to the stage where we are now at. Their efforts are appreciated.
I would also like to take a moment to thank members of the select committee who have shown their commitment to ensuring that the end product comprehensively and extensively reviews and amends all aspects of laws relating to sexual offences. I commend the committee for doing just that, under the able leadership of its chairperson, the hon Kgoshi Mokoena. Your efforts and hard work have not gone unnoticed.
I also wish to express my appreciation to the many interested parties who unselfishly shared their knowledge, expertise and experiences by submitting their comments during the investigative stage and the parliamentary process. I venture to say that this Bill has been the subject of what one could almost regard as unprecedented consultation. I thank everyone so much; please support the Bill. Thank you. [Applause.]
Kgoshi M L MOKOENA: Chairperson and colleagues, Deputy Minister, as the hon Tau said, my life has been made easy by the Deputy Minister, because he outlined the purpose of the Bill, its objectives, all its clauses and what it aims to achieve.
When one thinks that our children, sisters, mothers and even men are being sexually molested by the heartless, unsympathetic criminals that rapists are, then this Bill is like sweet music to our ears. I want to touch on a few issues, with your permission, Chairperson.
It might sound very strange, colleagues, but it is true that there are people who are forced to rape other people. The question is: Who must be held responsible for that action? This Bill provides for a person who is compelled to rape someone to be turned into a state witness. However, there must be proof that one had been compelled to do so.
One other scenario is that there are people who are compelled to masturbate. From now onwards, if someone forces you or compels you to masturbate, it is an offence and this person will be sentenced and dealt with severely.
One clause that had caused some discomfort for the committee is the clause that deals with flashing. Because of some religious or cultural practices, the committee effected some changes to accommodate this. As a committee at this Parliament, we thought that we should avoid passing legislation that would easily be defied by our own people, hence those amendments.
Child pornography and those things were touched on and well-explained by the Deputy Minister – I’m not going to touch on them again. One other clause that was amended relates to bestiality. We fully agree with the contents in this clause, except where it outlaws masturbating an animal. That’s where the committee made some changes, because of the submissions that were made by some farmers, especially those who are involved with animal breeding. We made some changes there to accommodate them because they said one masturbates an animal to check if it can deliver. I trust you understand what I mean when I say “it can deliver”, because I don’t want to be explicit.
The sexual grooming aspect was well-explained by the Deputy Minister. The committee had some concerns around what people might term “interfering with some practices”. We even gave the examples of some senior people in the country, but I’m not going into those details now. The committee effected some changes to accommodate those concerns, but those were not major changes. They were just made to make it clear to people who might not understand the exact message the committee wanted to convey to the public. I’m glad to say that the committee went further – went the extra mile – by consulting even our political heads in this regard, and we seem to be speaking the same language.
This Bill provides that all rapists will be compelled to undergo HIV tests, as the Deputy Minister put it, “bethanda bengathandi” [whether they like it or not]. We want to make sure that should our daughters, our sisters and our mothers be subjected to this unsympathetic and satanic act, they are able to get treatment as quickly as they can.
To all of you rapists, please note that from now onwards, your names will be registered, and we are going to publish you. Shame on you!
We want to appeal to all our judicial officers to show no mercy when dealing with these kinds of offences. Let me leave those issues to my colleagues on the committee.
Before my time is up, I want to thank the officials in these departments. With your permission, Chairperson, I want to name them: Mr Du Preez, who I call Hank, Ms Clark and Dr Louw. These are the officials who were patient and prepared to take the committee through all the clauses. At times they had to revisit the same clauses over and over again, but they were willing and dedicated in their dealings with us. These are the people you can call true South Africans - people who are ready to serve this country with passion. Deputy Minister, if I had my way, I would promote those three, because they deserve it.
Colleagues, hon members, I thank you because of what you have done for this committee, particularly during the past three months of this session. I’ll express my gratitude fully on Thursday. Because of time constraints today, I won’t be able to do it, but you deserve to be thanked. I appeal to this House to vote for this Bill, with those minor amendments. Thank you.
Mr A T MANYOSI: Chairperson, hon members, the law is not there to oppress the people, but to protect them and ensure their survival in conditions that humanity deserves. This is precisely why extensive consultations with stakeholders have to take place - to ensure that our people’s views, aspirations, interests and concerns are taken into account, hence the far-reaching consultations that were conducted before the presentation of this Bill to the committee.
The extent of the severity of the punitive measures with which the offences are visited must, though humane, always reflect and mirror and be commensurate with the graveness and callousness of the violation and how society frowns upon it.
The Criminal Law (Sexual Offences and Related Matters) Amendment Bill comes in response to the escalation of brutal sexual offences committed mainly, but not exclusively, against vulnerable and often defenceless women and children in circumstances associated with barbaric societies.
There is a history to this Bill. The ANC has long noted the increasing incidents of sexual abuse and violence in our society and the negative impact of such abuse and violence on the vulnerable groups - women and children. Having noted this, our democratic movement resolved to ensure that South Africa moves towards classifying violence against women and children, first and foremost, as a social problem and not as a legal problem, and to implement and concretise international and national instruments that deal with violence against women and children.
Moreover, our movement also resolved to ensure that our democratic government shifts emphasis in the criminal justice system to a more victim-oriented approach. It also resolved to ensure that it improves co-operation in respect of matters relating to violence against women and children in our society.
In giving effect to the above resolution of the ANC in 1996, our democratic government mandated the SA Law Reform Commission to investigate sexual offences by and against children. However, it was thereafter realised that both our common and statutory laws do not deal adequately and effectively with sexual offences.
As a result, the initial mandate of the SA Law Commission was extended to include sexual offences against adults and the formulation of nonlegislative recommendations with regard to the reform of the criminal justice system. This meant legislative reform that would fundamentally change the processes currently employed by the criminal justice system to deal with the crimes relating to sexual abuse and violence.
In view of the fact that sexual violence against women and girls is a problem of extraordinary proportions in South Africa, including virtually unprecedented incidents of child rape, the Bill essentially introduces mechanisms and measures that seek to enable our criminal justice system to give full effect to the protection of the women and children who are vulnerable to the escalating incidence of sexual violence.
In particular, this Bill seeks to provide for medical treatment of certain victims of sexual abuse and violence, as well as for related medical or health services. More importantly, this Bill also creates specific mechanisms and procedures for compulsory HIV testing of the alleged sexual offenders.
Furthermore, the Criminal Law (Sexual Offences and Related Matters) Amendment Bill seeks to eliminate discriminatory differentiation that is drawn between the age of consent for boys and girls in respect of consensual sexual acts with children. In essence, the Criminal Law (Sexual Offences and Related Matters) Amendment Bill reviews and amends comprehensively and extensively the laws relating to sexual offences in South Africa.
One provision of this Bill is for the repeal of certain common-law sexual offences. The Bill also enacts comprehensive provisions that deal with the creation of new categories of sexual offences that are aimed at addressing the vulnerability of women, children and mentally disabled persons in respect of sexual abuse and exploitation.
More importantly, the Bill entitles a victim who has been exposed to the risk of HIV infection as a result of a sexual offence against him or her, to receive, at state expense, post-exposure prophylactic treatment at a public health institution designated by the Minister of Health.
In terms of this Bill, such victim is entitled to free medical advice on the administering of such treatment and to be supplied with a list of public health institutions that provide these services.
The ANC deems it desirable that this honourable House pass this Bill for the protection of the weak and the infirm, that is the vulnerable groups – women and children. Thank you. [Applause.]
Ms A N T MCHUNU: Chairperson, hon Deputy Minister and hon members, the Criminal Law (Sexual Offences and Related Matters) Amendment Bill was first introduced in Parliament in August 2003. Its adoption today, therefore, comes more than four years later. This is an inordinate amount of time to guide a Bill through Parliament, but when one considers the fundamental changes the Bill makes to our body of law and the extensive and multiple phases of public consultation it went through, it is perhaps understandable in this particular case that less haste is less waste.
For decades a very large gap existed in our law dealing with offences of a sexual nature. This lacuna meant that the criminal offence of rape applied only to the rape of a woman by a man, as our hon Deputy Minister stated earlier. This Bill finally closes the gap by expanding the definition of rape to include all forms of sexual penetration without consent, irrespective of gender. The IFP welcomes this fundamental change to our statutory law.
The IFP also welcomes the repeal of the common-law offence of indecent assault and its replacement with the statutory offence of sexual assault, and the fact that new statutory offences are created for certain compelled sexual acts.
We are especially grateful for the creation of the national register for sex offenders in terms of the Bill. This register will contain the particulars of persons who have been convicted of sexual offences against children, and this is very good. The register will fill another gap in our law, namely the listing of sex offenders, thereby prohibiting them from committing a range of offences against children. Hopefully this will result, in practice, in more protection against the abuse of children.
In conclusion, I want to highlight the need for the Department of Justice and Constitutional Development to launch a project that is aimed at the promotion and facilitation of training on the legislation and its implications. This is a vital issue. All too often Parliament passes legislation that looks good on paper. However, these laws are sometimes either almost unimplementable or are so difficult to implement and understand that their objectives are never realised or are only partially realised.
This Bill provides South Africa, for the first time, with a single, comprehensive piece of legislation dealing with sexual offences. The IFP will support the Bill. I thank you. [Applause.]
Mnr J W LE ROUX: Voorsitter, agb Adjunkminister en kollegas, vir die afgelope vier jaar word daar al hard gewerk aan hierdie wetgewing en as ons kyk na die seksuele geweld teen vroue en veral teen kinders is dit hoog tyd dat ons baie streng wetgewing kry en die DA ondersteun met graagte hierdie wetgewing. (Translation of Afrikaans paragraph follows.)
[Mr J W LE ROUX: Chairperson, hon Deputy Minister and colleagues, for the past four years there has been a lot of hard work on this legislation, and if we look at sexual violence against women and particularly against children, it is high time that we have stringent legislation and the DA gladly supports this legislation.]
I do not want to repeat what our Deputy Minister said, but I think that I would just like to say that the object of the Bill is to introduce measures which seek to enable the relevant organs of state to combat and eradicate the high levels of sexual offences committed in South Africa. The Bill aims to review and amend all aspects of the law relating to sexual offences in a single statute.
Voorsitter, wat egter baie onrusbarend was, is dat sommige ANC-lede van die komitee, klousule 28, wat handel oor verpligte HIV-toetsing na verkragting, wou verander. [Chairperson, what is, however, extremely worrying, is that there are some ANC members of the committee who wanted to change clause 28, which deals with compulsory HIV testing after rape.]
The argument was that we will infringe on the rights of the alleged perpetrators if the court forces immediate HIV testing. A legal adviser for the chairperson even suggested that it would be unconstitutional to enforce immediate testing. These members of the committee disregarded the rights of the rape victims to timeously know the HIV status of the alleged perpetrators.
The rights of a victim in a case of rape are fundamental and must be protected. How else can a victim make informed choices as far as medication is concerned? Fortunately, after intensive debate, this clause was not amended. There was also major debate on sexual grooming of children, clauses 18 and 22, and on flashing. The drafters were forced to amend clause 56 in order to satisfy members that cultural rights would be protected. Only future interpretations by judges will test these clauses which relate to cultural practices. I would like to quote the clause and I would be very interested to know what our Deputy Minister thinks of this:
A person may not be convicted of an offence in terms of section 9 clause 22 ...
... or 18(1)(c) ...
... if that person commits such an act in compliance with, and in the interest of, a legitimate cultural practice.
I think only time will tell whether these clauses will really stand the test of time.
It is fair to say that after many years of debating and drafting we will have an Act that can and will protect the victims of sexual abuse. What we need now is to vigorously enforce this Act. I thank you.
Ms B L NTEMBE: Chairperson, hon Deputy Minister, and hon members, the lack of a constant and co-ordinated approach in the implementation of service delivery to victims of sexual offences is a concern as there is failure in instances to provide effective protection to the survivors of sexual offences.
Criminal justice agencies tend to be ineffective and insensitive in the handling of cases. The Commission on Gender Equality for 2006 reported the delays in court processes to finalise cases. Also, it pointed out the lack of state support for survivors dealing with trauma.
The lack of an effective legislative framework to deal with sexual offences came to the fore. Taking cognisance of these findings, reports and observations enable one to understand the dissatisfactory circumstances South Africans have had to endure in our liberated country.
Are these victims of such circumstances liberated? They are definitely not. When rape victims of the age of 14 are called aside by state prosecutors to determine their own fate in their cases, do we really protect them? When a woman is so-called mistaken for a man and placed in a cell with men and raped the whole night, is that protection by us? Yet again, the culprit gets away with it.
No, we cannot continue like this in this country. Hence, the ID is looking forward to seeing these circumstances addressed and changed in future by these amendments. The ID supports the Bill. I thank you.
Mr N J MACK: House Chair, hon Deputy Minister, hon members, comrades, friends and guests ...
Agb Le Roux, ek dink nie die ANC-lede is so gekant teen wat u genoem het nie. Ek dink ons moet objektief wees wanneer ons kyk na die woord “vermeende” en wanneer ons ’n beskuldigde het. Ek wil u terugneem na die Rawsonville-geval in die Wes-Kaap waar ’n dame ’n klag teen ’n blanke boer gelê het. Die boere was in opstand, want hulle het gesê die vrou is omgekoop en sy was onder die invloed. Ek dink dis met dit in ons agterkoppe dat ons ANC-lede gesê het ons moet versigtig wees.
Geen mens is skuldig voor hy nie skuldig bevind is nie en as ons op daardie gebied beweeg, moet ons versigtig wees. Hierdie is ’n baie sensitiewe saak. Iemand kan beskuldig word van verkragting en wat doen jy agterna as die man regtig nie skuldig is nie? So, ons moet objektief kyk. Dit beteken nie dat ons sê verkragting is goed nie. Daarom ondersteun die ANC hierdie wetsontwerp en ons wil hê dit moet deurgevoer word juis omdat ons bekommerd is en ons jare geneem het om dit daar te bring.
As ek u ’n paar jaar terugvoer na toe ek nog ’n klein klonkie was, was daar baie dinge wat aangegaan het. My ma het my vertel wat gebeur het en nie eens gerapporteer is nie, want ons was nog skrikkerig om na ’n polisiestasie te gaan. Jy het nie die goed gerapporteer nie. Ek wil u verder terugvoer en vir u sê my moeder het my vertel van die apartheidsjare toe die verkragting van ’n swart- of ’n kleurlingvrou deur ’n blanke nie so ’n erge sonde was as wanneer ’n kleurling of ’n swarte ’n blanke verkrag het nie. Die stories is daar tussen ons mense en dit het gebeur, so ons moet versigtig wees. Ons moenie hierdie goed vergeet nie. Daarom wil ek ’n stukkie in Engels aanhaal. (Translation of Afrikaans paragraphs follows.)
[Hon Le Roux, I don’t think the ANC members are that opposed to what you referred to. I think we need to be objective when we look at the word “alleged” and when we have an accused. I want to take you back to the Rawsonville case in the Western Cape where a lady laid a charge against a white farmer. The farmers were in an uproar because they said that the woman had been bribed and that she had been under the influence. I think it is with that at the back of our minds as ANC members that we said we should be cautious.
No person is guilty until he has been found guilty, and if we move on that terrain, we need to be careful. This is a very sensitive matter. Someone can be accused of rape, but what does one do afterwards if the man really was not guilty? So, we have to look objectively. That does not mean that we say rape is good. Therefore the ANC supports this Bill and we want it to be promulgated precisely because we are worried about it and it has taken us years to get it here.
If I take you back a few years to when I was still a little lad, there were many things happening. My mother told me what happened and what was not even reported, because we were scared to go to the police station. You did not report things. I want to take you back further and tell you what my mother told me about the apartheid years when the rape of a black or coloured woman by a white was not as great a sin as when a coloured or a black raped a white. The stories are there among our people and it happened, so we have to be careful. We should not forget these things. Therefore I want to quote something in English.]
It is horrifying as it is. Sexual violence against children is not a new phenomenon, nor is it peculiar to South Africa. Historical evidence has been found of childhood molestation, including incest, among the ancient Greeks and the Romans in the Renaissance accounts and during the Victorian period.
-
So, dit vind jy in alle rasse; alle kleure; alle mense; alle nasies. Ons moet dit verhoed as ons die nasie wil bou. Jy vind dit in stede en op plase en die Wes-Kaap het hierdie jaar ’n vreeslike jaar in terme van verkragtings beleef. Ons het Rawsonville gehad. Ons het Oudtshoorn gehad. In my eie kiesafdeling in Leeu-Gamka, die Prins Albert-munisipaliteit, het ’n boer ’n meisie verkrag.
U sien, dit kom weer terug na die vertrouensverhouding en dit is miskien een ding, Adjunkminister, waarna ons moet kyk. Ons gaan die nasionale register van verkragters hê, maar onder die hele ding van “grooming” kan dit onderwysers wees – mense wat in ’n vertrouensverhouding tot ons kinders staan. Hulle name gaan nie op daardie register wees nie. Jy hoor van onderwysers. Hierdie was ’n boer. Dit was ’n blanke, maar tot die blankes in die Prins Albert-munisipaliteit het dit verafsku. Ons sê vir hulle dankie, so dit is nie ’n ding van ras nie. Dit is mense in vertrouensverhoudings wat ons kinders gewoond maak en dan so “groom”. Hoe help ons – hoe voorsien ons dit? Dit is ons almal se plig.
Die ander ding wat ook opvallend is, is die verantwoordelikheid van ons as ouers oor ons eie kinders. In die onderwysstelsel het ons nou ’n wet dat ouers daarvoor moet sorg dat hul kinders in die skool is. Hoe koppel ons dit aan ouers se verantwoordelikheid en toesig oor hulle kinders wanneer dit by seksuele teistering en dies meer kom? Baie dankie. [Tyd verstreke.] (Translation of Afrikaans paragraphs follows.)
[So, you find that in all races; all people; all nations. We have to prevent it if we want to build this nation. You find it in cities and on farms, and the Western Cape has experienced a terrible year this year in terms of rapes. We had Rawsonville. We had Oudtshoorn. In my own constituency in Leeu-Gamka, the Prince Albert municipality, a farmer raped a girl.
You see, it comes back to the relationship of trust and that is perhaps one thing, Deputy Minister, we should look at. We are going to have a national register of rapists, but under this whole thing of “grooming” it could be teachers – people who have a relationship of trust with our children. Their names are not going to be on the register. You hear about teachers. This was a farmer. It was a white, but the whites in the Prince Albert municipality found it heinous. We say thank you to them, so it is not a case of race. These are people in a relationship of trust who groom our children and make them used to things. How do we help – how do we foresee it? It is a task for all of us.
The other thing which is also noticeable is the responsibility we as parents have for our own children. In the education system we now have an Act that says parents should ensure that their children are at school. How do we link it to the parents’ responsibility and care of their children when it comes to sexual harassment and such things? Thank you. [Time expired.]]
The DEPUTY MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT:
Chair, can I just thank everyone for two things: Firstly, for supporting the Bill. I think it is wonderful that we can send out a uniform message from this Parliament that we, all the parties in this Parliament, passed this piece of legislation and that we want people to be as strict as possible in the implementation. So, I think it is wonderful for all the parties that we have done that and I want to thank you very much.
Secondly, I want to thank you for the spirit of the debate. I think it was a very good debate and it was done with the correct seriousness. There is just one thing that hurt me. Kgoshi Mokoena does not hurt me very easily, but he hurt me really badly today. He is happy to support promotions and salary increases for the staff that work under me, but he is not prepared to propose that the Minister and I get a salary increase. [Laughter.] I am devastated that he is not prepared to support something like that.
I think we must start talking openly and strongly about this problem. If you look at statistics in this country, they are terrible; when grown men start molesting children and babies – there are men in this country who have molested babies; when grown men are forcing kids to watch how they rape other people’s mothers and sisters; and in Staggie’s case which took place a few years ago, when he forced one of his lieutenants to rape someone in his presence.
The National Prosecuting Authority, the NPA, did a whole audit two or three years ago. That audit showed us that more than 50% of rapes in this country are of girls under the age of 16. What are we doing to our children – the generation of girls and boys? You saw the front page of the Sunday Times. There are things about that article that worry me, but I am not going to nit-pick about some of the things in the article. The mere fact that research can be done to indicate that things which are on that front page are happening is a travesty. As a South African and one that represents our people, I am embarrassed by our country when I read these things about it. We have to take this seriously.
We now have this legislation passed at last. This legislation gives Parliament the tools to play a role from now on. This Bill gives you tools when you go to your constituencies or when you do oversight work in Parliament because it says, for the first time, that you must create a national policy - we all want to be part of it and we want to see it - and that there must be committees crosscutting departments that report regularly on what is happening. So, you have a vital role to play to make sure that reports come to you and that you watch what is in this Bill. When you are in your constituencies, check that this Bill is being implemented. We have to do that.
We have given freedom to our country. But it cannot be free when our women and kids, in particular, do not know whether they can go to their own homes and their uncles, brothers or cousins won’t rape them. This is a terrible thing. It is our duty to set aside politics on this issue and fight together, because this Parliament now has the tools with this piece of legislation and we have to use them.
On the issue of constitutionality, I have no doubt that everything in this Bill is constitutional. Of course, people are going to express their own opinions on it. If law advisers want to do that, it is fine. We are not going to pass a piece of legislation as important as this one and have it knocked down as being unconstitutional. We are quite sure of that.
Let me just say what my approach is and what the Minister’s approach is to a piece of legislation like this. When it comes to protecting the vulnerable, children and women, I will personally argue and push the boundaries of constitutionality as far as I can.
I am prepared to personally give evidence before any court on why we want this law to be part of our existing laws - even if it infringes on some person who has been accused of rape – because it can give someone the peace of mind that the person who is alleged to have committed raped should undertake a test within 90 days, and not two years later. Their rights should be invaded to that extent that a woman can be sure whether that person has HIV/Aids or not – so that she can live. She has to have a sexual life as well. She has a life to live in the meantime as an adult. We must be in a position to push the boundaries of laws as far as we can.
In this case of HIV testing, I do not think we have pushed the boundaries at all. Even if we did, I would strongly protect this matter and am personally prepared to give evidence on this matter.
I think we must understand the register clearly. We are not creating a name-and-shame register. We want to create an effective register that will protect people. All the names of people who have molested children will go into the register, and over time it will become more effective - especially if you want to employ someone. So, it will be applicable to teachers. From now on, if the Department of Education wants to employ a teacher, they will have to consult the register to determine whether this person has ever committed a sexual offence.
So, we have created an obligation in the Bill that all people who work with children in crèches and amusement parks - all those people who will be in charge of children - must have licences before they are employed. As an employer, you have a duty in this legislation to check if that person is on the list or not. It is clearly going to help, over time, as the list becomes more effective. This will create space for employers to screen people before they employ someone who is a known paedophile, such as the case we had in Knysna, etc.
Something that has not been mentioned, and I just want to mention it, is that for the first time in the history of this country this Bill creates provision for the crime of trafficking. We have not mentioned that. The Law Commission, at the moment, is looking at trafficking across the board - all kinds of trafficking of children. What we have at least done in this Bill is that if there is any kind of trafficking for sexual purposes, then this Bill deals with it and outlaws it in the meantime while we are waiting for the bigger piece of legislation to come. So, we must be clear that we are also doing that at the moment through this legislation.
Lastly, I want to say again that you have a major role to play. Most of this Bill, as you have passed it now, will come into operation on 16 December of this year – on Reconciliation Day. I think this is a wonderful thing we have done for our people, because on Reconciliation Day most aspects of this Bill dealing with offences will kick in. Chapter 5 will kick in in March and Chapter 6 will kick in in June as we need to draft regulations for those two chapters. For the rest of the Bill, the crimes that we have made provisions for and all the things that we have done in this legislation will be law from 16 December. From that moment on, we all need to play a big role in trying to turn this horrible abuse against women and children in our society around. Thank you very much. [Applause.]
Debate concluded.
The HOUSE CHAIRPERSON (Mr T S Setona): Can I ask the hon members not to leave because we are supposed to vote on this Bill as it is a section 75 Bill. Hon Le Roux, can I ask you to take your seat. You will leave after we have finalised the vote.
Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.
CRIMINAL LAW (SENTENCING) AMENDMENT BILL
(Consideration of Bill and of Report thereon)
Mr Z C NTULI: Chairperson, hon Minister, hon Deputy Minister, hon members, comrades and friends, the Bill amends the Criminal Law Amendment Act of 1997, which came into operation on 1 May 1998 in order to further regulate, amongst other things, the imposition of discretionary minimum sentences for certain serious offences listed in Parts I to IV of Schedule 2 to the Act; to give the regional court jurisdiction to convict and sentence a person found guilty of an offence referred to in Part I of Schedule 2 to imprisonment for life; to provide that certain circumstances shall not constitute substantial and compelling circumstances justifying the imposition of a lesser sentence when a sentence must be imposed in respect of the offence of rape; and to repeal all sections dealing with the committal of an accused for the purpose of sentencing by a High Court after conviction in a regional court of an offence referred to in Schedule 2.
The objects of the Bill are, amongst other things, to expedite the finalisation of serious criminal cases, to punish offenders of certain serious offences appropriately and to avoid secondary victimisation of complainants which, amongst other things, occurs when vulnerable witnesses have to repeat their testimony in more than one court.
Secondly, the provision requiring a regional court to refer an accused for sentencing to a High Court is repealed. Regional courts are granted jurisdiction to impose life sentences in cases where this is prescribed. Provision is made for an automatic right of appeal in cases where a person is sentenced by a regional court to life imprisonment. The National Director of Public Prosecutions is required to adopt policy directives that set out which prosecutions must, from the outset, be instituted in the High Court and not in the regional courts.
Most importantly, the Bill contains transitional provisions in terms of which cases already referred to the High Court by a regional court prior to the commencement of the Criminal Law (Sentencing) Amendment Act, must be finalised by the relevant High Court. In those instances in which an accused has not been committed to the High Court for sentencing prior to the commencement of the Criminal Law (Sentencing) Amendment Act, the regional court must dispose of the matter in terms of this Act.
The committee effected amendments to the Bill and consequently the complainant’s previous sexual history and any relationship between the accused person and the complainant prior to the offence being committed will constitute substantial and compelling circumstances justifying the imposition of a lesser sentence.
I would like to take you back a bit. The Criminal Law (Sentencing) Amendment Bill, hereinafter referred to as “the Bill,” is a section 75 Bill and was referred to the Select Committee on Security and Constitutional Affairs in terms of Rule 208(1) of the Rules of the National Council of Provinces. The select committee dealt with the Bill in terms of Rule 210 of the Rules of the National Council of Provinces and now submits its report to the House in terms of Rule 211 of the Rules of the NCOP.
The Criminal Law Amendment Act of 1997 came into operation in May 1998 and dealt with the abolition of the death penalty and created a legal regime of discretionary minimum sentences in respect of certain serious offences. Sections 51 and 52 ...
The HOUSE CHAIRPERSON (Mr T S Setona): Hon member, I’m afraid your time has expired. [Interjections.]
Mr Z C NTULI: I’d like to thank the Select Committee on Security ...
Debate concluded.
The HOUSE CHAIRPERSON (Mr T S Setona): When your time has expired you don’t even have time to thank the committee! [Interjections.] [Applause.]
Hon members, you must really adhere to our decisions, because when we agreed that we would handle this debate in a particular manner, a particular time was allocated to it. We need to improve on that Rule, because I’m going to be firm on that.
Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.
SOUTH AFRICAN EXPRESS BILL
(Consideration of Bill and of Report thereon)
Ms M P THEMBA: Chairperson, hon Minister and hon members, the Bill before us today is a very simple one. It allows for the transfer of South African Express shares and interests from Transnet to the Department of Public Enterprises. This will enable Transnet to focus on its core business, namely freight logistics. It will also provide for the most strategic utilisation of South African Express.
The SAX is a regional airline which operates smaller gauge aircraft and feeds into bigger airlines like SAA. Regional airline services are particularly well suited to many South African domestic and African regional geographic areas. A number of thin routes that were loss-making routes when operated by a larger gauge of equipment are now operated successfully by SAX. We are proud to note that SAX has been performing well and that it has been operating profitably, most notably since 2004. We have no doubt that it will continue to do so. While we fully support the need for SAX to be financially sustainable, we do think that occasionally national developmental imperatives should supersede the need for large profits. In this regard, I specifically allude to rural economic development.
There are some thin routes, for example into the Northern Cape, which at this time do not appear economically viable. These areas have demonstrated potential for economic growth. The lack of efficient, reliable transport services however is hindering this growth. SAX is a state entity and should remain one precisely because it has a strategic role to play. Where potential for growth exists, SAX should be willing to service that area.
SAX also has an important role to play in ensuring regional economic integration. Through the transfer of people and goods, the airline will strengthen the interaction amongst members of the Southern African Development Community.
The Select Committee on Labour and Public Enterprises supports the Bill and we urge this House to do so. I thank you, Chairperson. [Applause.]
Debate concluded.
Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.
The HOUSE CHAIRPERSON (Mr T S Setona): Order! Before we proceed to the next Order of the Day, I want to bring to your attention the fact that the remaining Orders of the Day are all section 75 matters and that we need a sufficient quorum to be procedurally and legally correct in voting on these matters. I therefore really want to impress upon members to ensure that at least we have a quorum at all times as we are dealing with Bills that require our numbers, not provinces per se.
BROADBAND INFRACO BILL
(Consideration of Bill and of Report thereon)
Ms M P THEMBA: Hon Minister, hon Chairperson and hon members, the Select Committee on Public Enterprises wishes to express its elation at the tabling of the Broadband Infraco Bill.
The Bill allows for the full services network assets of Eskom and Transnet, comprising the national fibre optic network, to be consolidated into a single public entity called Infraco. This intervention has become necessary because telecommunications costs in South Africa are exorbitant in comparison with other countries. These high costs reduce our competitiveness on an economic level and also retard the pace at which the quality of life of our citizens is improved through the deprivation of access to modern communications technology.
When the Department of Public Enterprises conducted investigations into the country’s high broadband costs, these studies revealed that the largest connectivity costs are attributable to national broadband connectivity and international connectivity. It is in this area that Infraco will intervene.
By increasing South Africa’s broadband capacity and reducing costs at wholesale level, it is expected that South Africa’s telephony costs will reduce by 65% within the first year of operation and by 95% after five years of operation. It is the anticipation of this massive cost reduction that informs the elation of the select committee around this Bill.
The economic spin-offs that we envisage are enormous. The services industry is currently experiencing the greatest rate of growth. Business process outsourcing, in particular, has been identified as a priority growth sector for South Africa. ICT is very important for attracting investment, stimulating growth and creating jobs in the services industry and its reduction is therefore welcomed.
For now we welcome the department’s decision not to sell the full service network to Neotel. We look forward to Infraco playing a fundamental role in placing South Africa in the top echelons of a knowledge economy and accordingly support the adoption of its establishing legislation. As the select committee we also agreed on this – that we support this Bill and we urge this august House to support the Bill. We wish you all well, the department and the Minister. Thank you. [Applause.]
Debate concluded.
Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.
HUMAN SCIENCES RESEARCH COUNCIL BILL
(Consideration of Bill and of Report thereon)
Mr B J TOLO: Chair, the Human Sciences Research Council was established in this country in 1968. In 2003, government commissioned a review of the Human Sciences Research Council. As a result of that review, it was then agreed that this council be re-established.
The Bill before us is actually re-establishing the Human Sciences Research Council. It provides for the objectives and functions of the council, which are mainly research and publication of such research in human science matters. It also provides for the appointment of the board by the Minister.
As a committee of the NCOP, we do propose a few amendments, especially on the appointment of the board. When the Bill came from the National Assembly, it was actually saying that the board be established by the Minister “in consultation with the National Assembly”. Our view is that this must be established after consultation, not “in consulation with the National Assembly” and with Parliament.
The other amendment that we are proposing is that when the Minister has to replace, for instance, a member of the board, the Minister must inform the National Assembly of the replacement of such a member. However, we are saying that the Minister must inform Parliament rather than the National Assembly. Those are the amendments that we are proposing as a committee and we want to urge this House to support this Bill. Thank you very much. [Applause.]
Debate concluded.
Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.
ASTRONOMY GEOGRAPHIC ADVANTAGE BILL
(Consideration of Bill and of Report thereon)
Mr M A SULLIMAN: Chairperson, hon members, friends, guests, all protocol observed, it does not matter which account one reads, one thing is crystal clear: Man has always had this inexplicable fascination with outer space. This fascination has inspired nation states and the corporate world to invest in astronomy research which has stood mankind in good stead in the past, and continues to do so even today.
When the ANC came to power in 1994, we promised the people of South Africa, among other things, that we would not sit by and see technological advantages pass us by; that we would be part of those advances. That is why year after year we see more monies being allocated to the Department of Science and Technology. We also see the fruits of that particular investment.
Having said that, I also want to draw the attention of this House to the seemingly desperate situation in the Northern Cape. There is almost nothing in terms of modern development. We do not have high-rise buildings and there are no major industries. If one discounts the mining activities in certain pockets of the province, the condition of our roads can be perceived as deterring big business from investing there.
Little do some people realise that these desperate conditions would actually be an advantage to the Northern Cape and indeed to the whole of South Africa, Africa and the rest of the world. This is because if one looks at the early advantages of the astronomy research conducted at the observatory in South Africa and the large telescope in Sutherland, one realises that this is not something for the people of the Northern Cape only but, as I said, for all mankind.
This Bill, when coming into effect, will give the Minister of Science and Technology the power to declare certain areas as astronomy geographic advantage areas, or central astronomy advantage areas.
Literally the whole of the Northern Cape, except for the area under the jurisdiction of the Sol Plaatje Municipality, could then be used for setting up these astronomy nodes where this research could be conducted. It just goes to show that in all bad situations there is something good to be found.
The Bill also seeks to ensure that the Minister goes about this process in consultation with the relevant role-players in all affected communities, thereby ensuring that we as a government fulfil our obligation to our people in ensuring that they have a say in what happens in their area.
Very soon South Africa will be embarking on the building of the Square Kilometre Array telescope which will have to be finished by 2009. With these projects South Africa could further display its proud status as a country on the cutting edge of technology. The fact that we were chosen above a country like Australia must say something to the world. The fact that the Northern Cape province was selected from other contenders should say something to the rest of South Africa.
Very soon the people of the Northern Cape will be engaged in a project that will investigate the origins of man by remapping the history of the stars. Maybe one day we will find out that we do indeed have some distant cousins in another dimension or somewhere else.
We in the ANC support this Bill. Thank you, Chairperson. [Applause.]
Debate concluded.
Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.
TRANSPORT AGENCIES GENERAL LAWS AMENDMENT BILL
(Consideration of Bill and of Report thereon)
Mr R J TAU: House Chairperson, in fact if I were to act on the basis of the mandate I have been given, I would put to the House that we consider the report as printed in the ATC and we put the Bill to the House for adoption. Thank you very much. [Applause.]
Debate concluded.
Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.
The Council adjourned at 16:49.
___________
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
WEDNESDAY, 7 NOVEMBER 2007
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Translations of Bills submitted
- The Minister of Education
- Wysigingswetsontwerp op Onderwyswette [W 33 – 2007] (National Assembly – sec 76).
This is the official translation into Afrikaans of the Education Laws Amendment Bill [B 33 – 2007] (National Assembly – sec 76).
- The Minister of Transport
- Wysigingswetsontwerp of Algemene Wette op Vervoeragentskappe [W 27 – 2007] (National Assembly – sec 75).
This is the official translation into Afrikaans of the Transport Agencies General Laws Amendment Bill [B 27 – 2007] (National Assembly – sec 75).
2. Introduction of Bills
- The Minister for Justice and Constitutional Development
(a) Jurisdiction of Regional Court Amendment Bill [B 48 – 2007] (National Assembly – proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 3039 of
22 October 2007.]
Introduction and referral to the Portfolio Committee on Justice and Constitutional Development of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.
In terms of Joint Rule 154 written views on the classification of Bills may be submitted to the Joint Tagging Mechanism (JTM) within three parliamentary working days.
National Council of Provinces
The Chairperson
1. Message from National Assembly to National Council of Provinces in respect of Bills passed and transmitted:
(1) Bills passed by National Assembly on 7 November 2007 and transmitted for concurrence:
(a) Electronic Communications Amendment Bill [B 38B – 2007] (National Assembly – sec 75)
The Bill has been referred to the Select Committee on Labour and Public Enterprises of the National Council of Provinces.
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Transport
(a) 1991 Amendments to the Convention on the International Maritime Organisation (IMO), 1948, tabled in terms of section 231(2) of the Constitution, 1996.
(b) Explanatory Memorandum to the 1991 Amendments to the Convention on the International Maritime Organisation (IMO), 1948.
(c) International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001, tabled in terms of section 231(2) of the Constitution, 1996.
(d) Explanatory Memorandum to the International Convention on the Control of Harmful Anti-Fouling Systems on Ships.
COMMITTEE REPORTS
National Council of Provinces
1. Report of the Select Committee on Labour and Public Enterprises on the South African Express Bill [B 14B – 2007] (National Assembly – sec 75), dated 7 November 2007:
The Select Committee on Labour and Public Enterprises, having considered the subject of the South African Express Bill [B 14B- 2007] (National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with proposed amendments, as follows:
CLAUSE 1
1. On page 2, in line 8, to omit "4" and to substitute "6".
CLAUSE 7
1. On page 4, in line 20, to omit "4" and to substitute "6".
2. On page 4, in line 23, to omit "or".
3. On page 4, in line 24, to omit "SAX." and to substitute "SAX; or".
2. Report of the Select Committee on Labour and Public Enterprises on the Broadband Infraco Bill [B 26B – 2007] (National Assembly – sec 75), dated 7 November 2007:
The Select Committee on Labour and Public Enterprises, having considered the subject of the Broadband Infraco Bill [B 26B- 2007] (National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with proposed amendments, as follows:
CLAUSE 1
1. On page 3, in line 2, to omit "9" and to substitute "8".
CLAUSE 6
1. On page 4, in line 29, to omit ", telecommunications".
2. On page 5, in line 14, to omit "6" and to substitute "7".
LONG TITLE
1. On page 2, from the sixth line, to omit "to provide for the servitudes and additional rights in favour of Broadband Infraco (Proprietary) Limited;".
THURSDAY, 8 NOVEMBER 2007
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Introduction of Bills
(1) The Minister of Science and Technology
(a) Technology Innovation Agency Bill [B 49—2007] (National Assembly—proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 30164 of 17 August 2007.]
Introduction and referral to the Portfolio Committee on Science and Technology of the National Assembly, as well as referral to the Joint
Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.
In terms of Joint Rule 154 written views on the classification of Bills may be submitted to the Joint Tagging Mechanism (JTM) within three parliamentary working days.
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Finance
(a) Proclamation No 26 published in Government Gazette No 30297 dated 13 September 2007: Commencement of the Pension Funds Amendment Act, 2007 (Act No 11 of 2007).
(b) Proclamation No R.27 published in Government Gazette No 30338 dated 28 September 2007: Determining of a date on which section 12(1) of the Act shall come into operation, in terms of the Second Revenue Laws Amendment Act, 2004 (Act No 34 of 2004).
(c) Government Notice No R.834 published in Government Gazette No 30275 dated 7 September 2007: Amendment of Schedule No 1 (No1/1/1343), in terms of the Customs and Excise Act, 2004 (Act No 34 of 2004).
National Council of Provinces
1. The Chairperson
(a) Written statement requesting information in respect of ‘‘Spy Row’’, in terms of section 106(3) of the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000).
Referred to the Select Committee on Local Government and Administration.
COMMITTEE REPORTS
National Council of Provinces
1. Report of the Select Committee on Education and Recreation on the Human Sciences Research Council Bill [B 16B—2007] (National Assembly— sec 75), dated 7 November 2007:
The Select Committee on Education and Recreation considered the subject of the Human Sciences Research Council Bill [B 16B—2007] (National Assembly—sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with proposed amendments, as follows:
CLAUSE 5
1. On page 4, in line 42, to omit ‘‘in’’ and to substitute ‘‘after’’
2. On page 4, in line 42, to omit the words ‘‘National Assembly’’and to substitute ‘‘Parliament’’
3. On page 4, in line 43, after and to insert ‘‘at least’’
4. On page 5. in line 21, to omit the words ‘‘National Assembly’’ and to substitute ‘‘Parliament’’
2. Report of the Select Committee on Education and Recreation on the Astronomy Geographic Advantage Bill [B 17B—2007]
(National Assembly—sec 75), dated 7 November 2007:
The Select Committee on Education and Recreation considered the subject of the Astronomy Geographic Advantage Bill [B 17B—2007] (National Assembly—sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with proposed amendments, as follows:
CLAUSE 18
1. On page 12, in line 35, to omit ‘‘may’’ and to substitute ‘‘must’’.
CLAUSE 21
1. On page 13, in line 34, after ‘‘may’’ to insert ‘‘, with the concurrence of the Civil Aviation Authority,
FRIDAY, 9 NOVEMBER 2007
ANNOUNCEMENTS
National Assembly and National Council of Provinces
1. Classification of Bills by Joint Tagging Mechanism (JTM)
(1) The JTM on 7 November 2007 in terms of Joint Rule 160(6) classified the following Bills as section 75 Bills:
(a) Revenue Laws Second Amendment Bill [B 43—2007] (National Assembly—sec 75)
(b) Securities Transfer Tax Administration Bill [B 45—2007] (National Assembly —sec 75).
(c) Standards Bill [B 46—2007] (National Assembly—sec 75)
(d) National Regulator for Compulsory Specifications Bill [B47—2007] (National Assembly—sec 75).
(2) The JTM on 7 November 2007 in terms of Joint Rule 160(6) classified the following Bills as section 75 Bills:
(a) Adjustments Appropriation Bill [B 41—2007] (National Assembly—sec 77)
(b) Revenue Laws Amendment Bill [B 42—2007] (National Assembly—sec 77).
(c) Securities Transfer Tax Bill [B 44—2007] (National Assembly—sec 77)
National Council of Provinces
1. Referral to Committees of papers tabled
Please note: The following item amends item 1(a) under the entry ‘‘Tablings—The Chairperson’’, published on page 2019 of the Announcements, Tablings and Committee Reports of 26 October 2007:
(1) The following paper is referred to the Select Committee on Local Government and Administration and to the Select Committee on Finance
(a) Municipal Annual Performance Report for 2005/6 by the MEC for Developmental Local Government and Housing in North West.
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Finance
(a) Convention between the Republic of South Africa and the Republic of Mozambique for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, tabled in terms of section 231(2) of the Constitution, 1996.
(b) Explanatory Memorandum to the Convention between the Republic of South Africa and the Republic of Mozambique for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income.
(c) Explanatory Memorandum on the Revenue Laws Amendment Bill, 2007.
(d) Explanatory Memorandum on the Securities Transfer Tax Bill, 2007.
COMMITTEE REPORTS
National Assembly and National Council of Provinces
CREDA INSERT REPORT - Insert T071109-insert1 – PAGES 2068-2080
MONDAY, 12 NOVEMBER 2007
ANNOUNCEMENTS
National Assembly and National Council of Provinces
1. Classification of Bills by Joint Tagging Mechanism (JTM)
Please note: The following item amends item 1(2) in the English ‘‘Announcements—Classification of Bills, published on page 2066 of the Announcements, Tablings and Committee Reports of 9 November 2007.
The entry should read as follows:
(2) The JTM on 7 November 2007 in terms of Joint Rule 160(6) classified the following Bills as money Bills:
(a) Adjustments Appropriation Bill [B 41—2007] (National Assembly—sec 77).
(b) Revenue Laws Amendment Bill [B 42—2007] (National Assembly—sec 77).
(c) Securities Transfer Tax Bill [B 44—2007] (National Assembly—sec 77).’’
2. Translations of Bills submitted
(1) The Minister for Provincial and Local Government
(a) Wysigingswetsontwerp op Plaaslike Regeringswette [W 28—2007] (National Assembly—sec 75)
This is the official translation into Afrikaans of the Local Government Laws Amendment Bill [B 28—2007] (National Assembly—sec 75).
National Council of Provinces
1. Referral to Committees of Papers tabled
(1) The following papers are referred to the Select Committee on Security and Constitutional Affairs for consideration:
(a) Report on the withholding of remuneration ofMrMF Mathe, an additional magistrate at Pinetown, in terms of section 13(4A)(b) of the Magistrates Act, 1993 (Act No 90 of 1993).
(b) Upliftment of the provisional suspension of a magistrate: Mr M S Makamu, a senior magistrate at Benoni.
(c) Report in terms of section 13(4)(a) of the Magistrates Act, 1993 (Act No 90 of 1993): Suspension of a magistrate: Mr T V D Matyolo.
(d) Progress Report dated 10 September 2007 to Parliament in terms of section 13(3) of the Magistrates Act, 1993 (Act No 90 of 1993): Inquiry into allegations of misconduct: Mr M F Mathe.
(e) Progress Report dated 10 September 2007 to Parliament in terms of section 13(3) of the Magistrates Act, 1993 (Act No 90 of 1993): Inquiry into allegations of misconduct: Mr M K Chauke.
(f) Progress Report dated 10 September 2007 to Parliament in terms of section 13(3) of the Magistrates Act, 1993 (Act No 90 of 1993): Inquiry into allegations of misconduct: Mr I X Masimini.
(g) Report on the withholding of remuneration of Mr T V D Matyolo, in terms of section 13(4A)(b) of the Magistrates Act, 1993 (Act No 90 of 1993).
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Finance
(a) Government Notice No R.1002 published in Government Gazette No 30393 dated 28 October 2007: Amendment of Schedule No 6 (No 6/110) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(b) Government Notice No R.938 published in Government Gazette No 30356 dated 12 October 2007: Amendment of Schedule No 1 (No 1/1/1345) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(c) Government Notice No R.939 published in Government Gazette No 30356 dated 12 October 2007: Amendment of Schedule No 1 (No 3/621) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(d) Government Notice No R.955 published in Government Gazette No 30370 dated 12 October 2007: Amendment of Schedule No 3 (No 3/622) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(e) Government Notice No R.956 published in Government Gazette No 30370 dated 12 October 2007: Amendment of Schedule No 4 (No 4/307) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(f) Government Notice No R.957 published in Government Gazette No 30370 dated 12 October 2007: Amendment of Schedule No 8 (No 8/6) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(g) Government Notice No R.958 published in Government Gazette No 30370 dated 12 October 2007: Amendment issued in terms of section 74(3)(a) of the Value-Added Tax Act, 1991 (Act No 89 of 1991).
(h) Government Notice No R.959 published in Government Gazette No 30370 dated 12 October 2007: Amendment of Rules (DAR/38) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
2. The Minister in The Presidency
(a) Report and Financial Statements of the National Youth Commission (NYC) for 2006-2007, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2006-2007 [RP 184-2007].
National Council of Provinces
1. The Chairperson
(a) Directive in terms of section 139 of the Constitution, to the Municipal Councils of the Beaufort West Municipality and the Central Karoo District Municipality and assumption of responsibility for executive obligation: Non-fulfilment of executive obligation following September 2007 floor-crossing.
Referred to the Select Committee on Local Government and Administration for consideration and report.
2. The Chairperson
L
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COMMITTEE REPORTS
National Assembly and National Council of Provinces
CREDA INSERT - Insert T071112-insert2 – PAGES 2131-2139
TUESDAY, 13 NOVEMBER 2007
ANNOUNCEMENTS
National Assembly and National Council of Provinces
1. Draft Bills submitted in terms of Joint Rule 159
(1) Housing Development Agency Bill, 2007, submitted by the Minister of Housing on 12 November 2007. Referred to the Portfolio Committee on Housing and the Select Committee on Public Services.
National Council of Provinces
The Chairperson
1. Message from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council
(1) Bills passed by National Assembly and transmitted for concurrence on 13 November 2007:
(a) Adjustments Appropriation Bill [B 41—2007] (National Assembly—sec 77).
(b) Revenue Laws Amendment Bill [B 42—2007] (National Assembly—sec 77).
(c) Revenue Laws Second Amendment Bill [B 43—2007] (National Assembly—sec 75).
(d) Securities Transfer Tax Bill [B 44—2007] (National Assembly—sec 77).
(e) Securities Transfer Tax Administration Bill [B 45—2007] (National Assembly—sec 75).
The Bills have been referred to the Select Committee on Finance of the National Council of Provinces.
2. Referral to Committees of papers tabled
(1) The following papers are referred to the Select Committee on Security and Constitutional Affairs for consideration and report:
(a) Report and Financial Statements of Vote 24—Department of Safety and Security for 2006-2007, including the Report of the Auditor-General on the Financial Statements of Vote 24 for 2006-2007 [RP 199-2007].
(b) Report and Financial Statements of the Special Investigating Unit (SIU) for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 206-2007].
(c) Report and Financial Statements of the Armaments Corporation of South Africa Limited (ARMSCOR) for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 101-2007].
(2) The following paper is referred to the Select Committee on Finance and the Select Committee on Security and Constitutional Affairs for consideration and report:
(a) Report and Financial Statements of the Financial Intelligence Centre for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 133-2007].
(3) The following papers are referred to the Select Committee on Education and Recreation for consideration and report:
(a) Report and Financial Statements of the National Museum—Bloemfontein for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007.
(b) Report and Financial Statements of Artscape for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007.
(c) Report and Financial Statements of the South African State Theatre for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 156-2007].
(d) Report and Financial Statements of the National Arts Council of South Africa (NAC) for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP186-2007].
(e) Report and Financial Statements of the Robben Island Museum for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 161-2007].
(f) Report and Financial Statements of the Pan South African Language Board (Pansalb) for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 174-2007].
(g) Report and Financial Statements of the William Humphreys Art Gallery for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007.
(h) Report and Financial Statements of the National Film and Video Foundation (NFVF) for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP150-2007].
(i) Report and Financial Statements of the Iziko Museums of Cape Town for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007.
(j) Report and Financial Statements of Vote 31—Department of Science and Technology for 2006-2007, including the Report of the Auditor-General on the Financial Statements of Vote 31 for 2006-2007 [RP 200-2007].
(k) Report and Financial Statements of the Council for Scientific and Industrial Research (CSIR) for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 131-2007].
(4) The following papers are referred to the Select Committee on Land and Environmental Affairs for consideration and report:
(a) Report and Financial Statements of South African Tourism for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007.
(b) Report and Financial Statements of the South African National Biodiversity Institutes (SANBI) for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007.
(c) Report and Financial Statements of the Greater St LuciaWetland Park Authority for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007.
(d) Report and Financial Statements of the Agricultural Research Council (ARC) for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP168-2006].
(5) The following papers are referred to the Select Committee on Finance for consideration and report:
(a) Report and Financial Statements of the Financial and Fiscal Commission (FFC) for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP143-2007].
(b) Report and Financial Statements of the South African Revenue Service (SARS) for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP205-2007].
(c) Report and Financial Statements of the Reconstruction and Development Programme Fund for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 179-2007].
(6) The following papers are referred to the Select Committee on Economic and Foreign Affairs for consideration and report:
(a) Report and Financial Statements of the South African Bureau of Standards for 2006-2007, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2006-2007 [RP 105-2007].
(b) Report and Financial Statements of the Companies and Intellectual Property Registration Office for 2006-2007, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2006-2007.
(c) Report and Financial Statements of the Small Enterprise Development Agency for 2006-2007, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2006-2007.
(d) Report and Financial Statements of the Industrial Development Corporation of South Africa Limited (IDC) for 2006-2007, including the Report of the Independent Auditors on the Financial Statements for 2006-2007.
(e) Report and Financial Statements of the Competition Commission for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 102-2007].
(7) The following papers are referred to the Select Committee on Labour and Public Enterprises for consideration and report:
(a) Report and Financial Statements of Vote 9—Department of Public Enterprises for 2006-2007, including the Report of the Auditor-General on the Financial Statements of Vote 9 for 2006-2007 [RP 196-2007].
(b) Report and Financial Statements of the South African Forestry Company Limited (SAFCOL) for 2006-2007, including the Report of the Independent Auditors on the Financial Statements for 2006-2007.
(c) Report and Financial Statements of the Pebble Bed Modular Reactor (Proprietary) Limited for 2006-2007, including the Report of the Independent Auditors on the Financial Statements for 2006-2007.
(8) The following paper is referred to the Select Committee on Labour and Public Enterprises for consideration and report and to the Joint Monitoring Committee on the Improvement of Quality of Life and Status of Children, Youth and Disabled Persons:
(a) Report and Financial Statements of the UmsobomvuYouth Fund (UYF) for 2006-2007, including the Report of the Independent Auditors on the Financial Statements for 2006-2007.
(9) The following papers are referred to the Select Committee on Labour and Public Enterprises for consideration and report:
(a) Report and Financial Statements of the Commission for Conciliation, Mediation and Arbitration (CCMA) for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 93-2007].
(b) Report and Financial Statements of the South African Broadcasting Corporation Limited (SABC) for 2006-2007, including the Report of the Independent Auditors on the Financial Statements for 2006-2007.
(10) The following papers are referred to the Select Committee on Social Services for consideration and report:
(a) Report and Financial Statements of the National Development Agency (NDA) for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP159-2007].
(b) Report and Financial Statements of the National Health Laboratory Service (NHLS) for 2006-2007, including the Report of the Independent Auditors on the Financial Statements for 2006-2007.
(11) The following paper is referred to the Select Committee on Labour and Public Enterprises for consideration and report and to the Select Committee on Security and Constitutional Affairs:
(a) Report and Financial Statements of the Safety and Security Sector Education and Training Authority (SAS-Seta) for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 84-2006].
(12) The following papers are referred to the Select Committee on Security and Constitutional Affairs for consideration:
(a) Report of the National Commissioner of the South African Police Service (SAPS) for the period 1 January 2007 to 30 June 2007, in terms of section 18(5)(d) of the Domestic Violence Act, 1998 (Act No 116 of 1998).
(b) Report of the Independent Complaints Directorate (ICD) for July 2006 to December 2006, in terms of section 18(5)(c) of the Domestic Violence Act, 1998 (Act No 116 of 1998).
(13) The following paper is referred to the Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women and the Joint Monitoring Committee on the Improvement of Quality of Life and Status of Children, Youth and Disabled Persons for consideration:
(a) Report and Financial Statements of Vote 1—The Presidency for 2006-2007, including the Report of the Auditor-General on the Financial Statements of Vote 1 for 2006-2007 [RP 198-2007].
(14) The following paper is referred to the Select Committee on Labour and Public Enterprises for consideration and report and to the Select Committee on Public Services:
(a) Report and Financial Statements of the Construction Education and Training Authority (CETA) for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007.
(15) The following papers are referred to the Select Committee on Public Services for consideration and report:
(a) Report and Financial Statements of the South African Rail Commuter Corporation Limited (SARRC) for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 188-2007].
(b) Report and Financial Statements of the Rural Housing Loan Fund for 2006-2007, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2006-2007.
(c) Report and Financial Statements of the National Urban Reconstruction and Housing Agency for 2006-2007, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2006-2007.
(16) The following paper is referred to the Select Committee on Local Government and Administration for consideration and report:
(a) Report and Financial Statements of the State Information Technology Agency (Proprietary) Limited (SITA) for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 33-2007].
(17) The following paper is referred to the Select Committee on Local Government and Administration for consideration and report:
(a) Government Notice No 522 published in Government Gazette No 30013 dated 29 June 2007: Exemption for High Capacity Municipalities in terms of section 122(2) and (3) of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).
(18) The following paper is referred to the Select Committee on Security and Constitutional Affairs and to the Joint Standing Committee on Defence:
(a) The President of the Republic submitted a letter dated 6 September 2007 to the Chairperson of the National Council of Provinces informing Members of the Assembly of the employment of the South African National Defence Force in the Central African Republic.
(19) The following papers are referred to the Select Committee on Finance:
(a) Government Notice No 809 published in Government Gazette No 30247 dated 31 August 2007: Determination of interest rate for purposes of paragraph (a) of the definition of ‘‘official rate of interest’’ in paragraph 1 of the Seventh Schedule, in terms of the Income Tax Act, 1962 (Act No 58 of 1962).
(b) Government Notice No 1062 published in Government Gazette No 30220 dated 31 August 2007: Rate on the interest on Government loans made in terms of the Public Finance Management Act, 1999 (Act No 1 of 1999).
(c) Government Notice No R.815 published in Government Gazette No 30254 dated 7 September 2007: Amendment of Schedule No.1 (No. 1/1/1342) in terms of the Customs end Excise Act, 1964
(d) Government Notice No R.816 published in Government Gazette No 30254 dated 7 September 2007: Amendment of Schedule No.3 (No. 3/618) in terms of the Customs end Excise Act, 1964 (Act No 91 of 1964).
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Environmental Affairs and Tourism
(a) General Notice No 1301 published in Government Gazette No 30389 dated 19 October 2007: Nomination for the appointment of suitable persons as members on the Board of South African Weather Services (SAWS) in terms of the South AfricanWeather Service Act, 2001 (Act No 8 of 2001).
(b) General Notice No 1024 published in Government Gazette No 30418 dated 26 October 2007: Notice in terms of section 16 of the Marine Living Resources Act, 1998 (Act No 18 of 1998).
WEDNESDAY, 14 NOVEMBER 2007
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Environmental Affairs and Tourism
(a) General Notice No 1112 published in Government Gazette No 30262 dated 5 September 2007: Proposed Guideline regarding the Determination of Bioregions and the Preparation and Publication of Bioregional Plans in terms of the National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004).
(b) General Notice No 1108 published in Government Gazette No 30269 dated 6 September 2007: National Norms and Standards for the Development of the Biodiversity Management Plans for Species (BMP-S) in terms of the National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004).
(c) General Notice No 1109 published in Government Gazette No 30263 dated 7 September 2007: Policy for the Development of a Sustainable Marine Aquaculture Sector in South Africa, in terms of the Marine Living Resources Act, 1998 (Act No 18 of 1998).
(d) General Notice No 1138 published in Government Gazette No 30284 dated 11 September 2007: Notice to establish the National Framework in terms of section 7(1) of the National Environmental Management: Air Quality Act, 2004 (Act No 39 of 2004).
(e) General Notice No 1146 published in Government Gazette No 30293 dated 17 September 2007: Draft alien and invasive species regulations 2007, in terms of the National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004).
(f) General Notice No 1147 published in Government Gazette No 30293 dated 17 September 2007: Draft lists of exempted alien species, prohibited alien species and invasive species for which a permit is required under certain circumstances, in terms of the National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004).
(g) Government Notice No 878 published in Government Gazette No 30310 dated 21 September 2007: Regulations for the prohibition of the use, manufacturing, import and export of asbestos and asbestos containing materials, in terms of the Environmental Conservation Act, 1089 (Act No 73 of 1989).
COMMITTEE REPORTS
National Assembly and National Council of Provinces
CREDA INSERT REPORT - Insert T071114-insert1 PAGES 2238-2261
2. Report of the Select Committee on Public Services on the Rental Housing Amendment Bill [B 30B—2007] (National Assembly—sec 76(1)), dated 14 November 2007:
The Select Committee on Public Services, having considered the subject of the Rental Housing Amendment Bill [B 30B—2007] (National Assembly—sec 76(1)), referred to it and classified by the JTM as a section 76 Bill, reports the Bill without amendment.
THURSDAY, 15 NOVEMBER 2007
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Message from President
The Speaker and the Chairperson of the NCOP received the following message, dated 14 November 2007, from the President, calling a Joint Sitting of the National Assembly and the National Council of Provinces:
CALLING OF A JOINT SITTING OF THE NATIONAL ASSEMBLY AND THE NATIONAL COUNCIL OF PROVINCES
In terms of section 84(2)(d) of the Constitution of the Republic of South Africa, 1996, read with Rule 7(1)(a) of the Joint Rules of Parliament, I hereby call a joint sitting of Parliament at 14h00 on 21 November 2007, in order to make an announcement regarding a process for the consideration of Presidential Pardons for persons who have committed what are alleged to be political offences.
With kind regards
Signed
THABO MBEKI
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Correctional Services
(a) Report of the Judicial Inspectorate of Prisons for 2006-2007 [RP 82-2007].
COMMITTEE REPORTS
National Assembly and National Council of Provinces
1. REPORT OF THE JOINT STANDING COMMITTEE ON DEFENCE, ON EMPLOYMENT OF SANDF TO THE CENTRAL AFRICAN REPUBLIC
The Joint Standing Committee on Defence, having considered the letter from the President on the employment of the South African National Defence Force (SANDF) to the Central African Republic, referred to the Committee, reports that it has concluded its deliberations thereon.
National Council of Provinces
1. Report of the Select Committee on Security and Constitutional Affairs on the Criminal Law (Sentencing) Amendment Bill [B15B-2007] (National Assembly – sec 75), dated 14 November 2007:
The Select Committee on Security and Constitutional Affairs , having considered the subject matter of the Criminal Law (Sentencing) Amendment Bill [B15B-2007] (National Assembly – sec 75), referred to it, reports the Bill with proposed amendments, as follows:
CLAUSE 1
1. On page 3, in line 47, to delete subparagraph (i)
2. On page 3, from line,50 to delete subparagraph (iv)
Report to be considered.
2. REPORT OF THE SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL AFFAIRS ON THE UPLIFTMENT OF THE PROVISIONAL SUSPENSION OF A MAGISTRATE: MR MS MAKAMU, SENIOR MAGISTRATE AT BENONI, DATED 25 OCTOBER 2007:
The Select Committee on Security and Constitutional Affairs, having considered the report on the upliftment of the provisional suspension of a Magistrate, Mr MS Makamu, Senior Magistrate at Benoni, reports as follows:
1. Background
1.1 The Select Committee noted from the report tabled by the Minister for Justice and Constitutional Development that the Minister for Justice and Constitutional Development, on 23 November 2005, provisionally suspended Mr M S Makamu, a Senior Magistrate at Benoni, from office. It was done in terms of section 13(3)(a) of the Magistrates Act, 1993, (Act No 90 of 1993) on the advice of the Magistrates Commission. A report to this effect was subsequently tabled in Parliament in terms of section 13(3)(b) of the Act. The National Assembly, on 21 June 2006, and the National Council of Provinces, shortly thereafter, confirmed Mr Makamu’s provisional suspension. Mr Makamu’s provisional suspension was based on the following:
Mr Makamu was convicted by the Johannesburg Regional Court of fraud and, on 21 June 2005, sentenced to a fine of R10 000.00 or, in default of payment, to a period of six months imprisonment, all of which were suspended for a period of four years on certain conditions. The conviction relates to an incident where he allegedly convinced the administration Officer at the Benoni Magistrate’s Court to sign an official letter in which he stated that he (Mr Makamu) was entitled to an official motor vehicle allowance to the amount of R80 973.00 per annum, well knowing that in truth and in fact he at the time did not qualify to receive such an allowance. Mr Makamu then presented the said letter to Bankfin where he applied for an instalment sale agreement in order to purchase a new motor vehicle.
1.2 The Select Committee noted that the Magistrates Commission, on 31 March 2006 and in terms of section 13(4A)(a) of the Magistrates Act, 1993, determined to withhold Mr Makamu’s remuneration. A report to this effect was tabled in Parliament on 7 April, 2006. The National Assembly confirmed the Commission’s determination on 21 June 2006 and the National Council of Provinces shortly thereafter.
1.3 The Select Committee noted that, after having been provisionally suspended from Office, the Magistrates Commission commenced with its investigation into Mr Makamu’s fitness to hold Office as a Magistrate. After conclusion of the investigation, the Commission decided to charge Mr Makamu of misconduct and served a written notice to this effect on him on 25 July 2005. However, the inquiry into his fitness to hold office was, at his own request, postponed sine die on 13 January 2006, pending the outcome of his appeal against his conviction in the Regional Court.
1.4 The Select Committee noted that, on 15 June 2007, the appeal against Mr Makamu’s conviction and sentence was finally heard and upheld by the High Court in Johannesburg. Accordingly, both his conviction and his sentence were set aside. According to the Commission, it after having studied the record of the proceedings is of the view that it would not, on a balance of probabilities, be able to successfully prove the charge of misconduct which was based on the incident which formed the basis of the criminal prosecution and which led to his provisional suspension, against Mr Makamu.
1.5 The Select Committee also noted that, accordingly, the Commission has decided not to proceed with its inquiry against Mr Makamu. Since the misconduct inquiry formed the basis of his provisional suspension, his provisional suspension could not be sustained and accordingly, his provisional suspension was uplifted with immediate effect.
1.6 The Select Committee also noted that, since the withholding of Mr Makamu’s remuneration was based on his provisional suspension, the determination to withhold his salary automatically fell away at the time when his provisional suspension was uplifted
1.7 The Select Committee also noted that, since the basis on which Mr Makamu was provisionally suspended fell away, there was no reason to uphold his provisional suspension. Accordingly, his provisional suspension was uplifted with immediate effect.
1.8 The Select Committee therefore recommends that the Council agrees with the decision of the Minister to uplift the provisional suspension of a Magistrate, Mr MS Makamu from Benoni, with immediate effect.
Report to be considered.
3. Report of the Select Committee on Education and Recreation on the Education Laws Amendment Bill [B33B-2007] (National Assembly – sec 76), dated 14 November 2007:
The Select Committee on Education and Recreation considered the subject of the Education Laws Amendment Bill [B33B-2007] (National Assembly – sec 76), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill with amendments [B33C-2007].
Report to be considered.
FRIDAY, 16 NOVEMBER 2007
COMMITTEE REPORTS
National Council of Provinces
1. Report of the Select Committee on Local Government and Administration on the Cross-Boundary Municipalities Laws Repeal and Related Matters Amendment Bill [B 25—2007] (National Assembly—sec 75) dated 16 November 2007:
The Select Committee on Local Government and Administration considered the subject of the Cross-Boundary Municipalities Laws Repeal and Related Matters Amendment Bill [B 25—2007] (National Assembly—sec 75)), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill without amendment.
2. Report of the Select Committee on Local Government and Administration on the Public Service Amendment Bill [B31B—2006] (National Assembly—sec 76) dated 16 November 2007:
The Select Committee on Local Government and Administration considered the subject of the Public Service Amendment Bill [B31B—2006] (National Assembly—sec 76) (as amended by the Portfolio Committee on Public Service and Administration), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill without amendment.
3. Report of the Select Committee on Local Government and Administration (Intervention in Utrecht), dated 9 November 2007:
1. BACKGROUND
In August 2006, the Department of Local Govt. Housing and Traditional Affairs received a report containing allegations that within the Municipality there were certain activities/practices that were being undertaken that were not within the ambit of good governance. The MEC was petitioned to initiate an investigation to see if these were not of such a serious nature as to warrant a full investigation.
The investigation was conducted by ESP consulting and a report was submitted on 14 May 2007. The investigation focused on allegations of Mis-Management; Mal-Administration; Fraud and Corruption.Subsequent to this, the MEC, on 21 May 2007, wrote a letter to the Mayor, Cllr. M E Khoza, notifying him of the completion of the investigation and availability of a report.
The letter required that a Special Council meeting be convened to decide what action was going to be taken in respect of the comments; observations and recommendations contained in the report. This had to be done within 21 days. On 22 August 2007, the MEC notified the Municipality of a decision of the Provincial Executive Council, taken on the same day, to intervene in terms of section 139 of the Constitution. The notification carried the suspensions of Cllr. Khoza, the Municipal Manager, Mr V M Khubeka and an employee of the Municipality.
On 23 October 2007, the MEC briefed the Select Committee, in Parliament, Cape Town, on the intervention in Utrecht. The visit to Utrecht by a four member multi-party delegation, led by the Hon. S Shiceka, Chairperson of the committee follows the afore-said briefing.
2. SELECT COMMITTEE INVESTIGATION
2.1 Meeting with the Mayor and Councillors
The delegation comprising of 2 ANC; 1 IFP and 1 DA, met with all the Cllrs. of the Utrecht Municipality. The meeting was convened in the Council Chambers.
At the meeting oral submissions were mainly made by Cllr. Mabaso (IFP) supported by Cllr. Vundla, on the one hand, while Cllr. Msibi supported by Cllrs. Nene and Ntshangase, made the main submission. Cllr. Stannard (DA) also made a submission. The Cllrs. were divided along party political lines in terms of how they saw the intervention.
The IFP and the DA opposed the intervention although for different reasons. In the main the IFP’s Councillor Mabaso contended that the intervention was a politically motivated. Cllr. Stannard cited amongst other reasons for opposing the intervention, the breakdown in service delivery since the intervention; vast amounts of money in terms of extra costs.
The ANC Councillors supported the intervention citing amongst other things party biased service delivery, fraud and corruption and political interference in the main.
Documentation was submitted for the committee’s perusal.
2.2 Meeting with the Mayor and Manager
This also was convened in the Council Chambers and main presentation was done by the Acting Municipal Manager, Mr T Tubane.
In his report to the committee he highlighted the re-examination of the structure and functioning of the Administration and Council as the main thrust of his responsibility. This, to ensure that the Municipality executed its mandate to deliver services to the people of Utrecht. He informed the committee that the Municipality had only 3 departments viz. Corporate, Finance and Technical Services. He also touched on what the Municipality needed to do, to respond to challenges.
He shared with the committee their identification of the issues that needed speedy and urgent intervention, citing among others, the Audit of Leave; Employment Contracts (no salary details, some not signed, expiry of contracts); Payment of incorrect salaries; Non-existence of employee files and Payment of a non-existent employee.
With regards to Finances he pointed out that the Development Bank of Southern Africa was conducting an assessment which revealing that the CFO was not sure about the financial status of the Municipality; was not sure of available cash and investments balances; deposits and withdrawals, to mention but a few. He further reported to the committee that with Technical services the challenge was that the department performed functions that would otherwise be done by Community services had it existed.
2.3 Meeting with Municipal employees
The meeting took place in a Town/Community Hall, housing the South African Social Security Agency offices. Everyone was welcomed by the Mayor, Cllr. Msibi.
The Hon. Mr Shiceka requested the Hon. Mr Ntuli, member of the delegation to outline to the employees the purpose of the meeting.
In his short address to the gathering, the Hon. Mr Ntuli pointed out that the visit was occasioned by an intervention by the MEC, emphasizing that once an MEC intervened it was the committee’s responsibility to verify the matter; to look into whether it was necessary; what is needed; whether it was helping and to also find out whether there was an improvement since the intervention.
The leader of the delegation gave the employees an opportunity to express themselves and share their perspective on the intervention. After some hesitation or reluctance by the employees and upon their request, the Mayor; the Municipal Manager and everyone seen before, were asked to excuse themselves from the meeting.
One gentleman stood up and said he was speaking both in his personal and professional capacity. He cited political infighting as a cause for the paralysis in the functioning of the Municipality. He mentioned, for example, that the Lodge that is run by the Municipality had developed new tariffs but that these could not be implemented as the Municipality has not met to officially endorse them. He concluded by saying that the situation was infact worse than before the intervention.
The majority of the employees spoke in favour of the intervention. Their grievances ranged from alleging abuse by managers; being forced to drive unroadworthy vehicles; absence of skills to why government has been waiting all the time.
The Hon. Mr S Shiceka responded to some of the issues raised. His explanation ranged from the issue of where the Acting Municipal Manager was paid from; to an agreement on a skills audit; grading of the municipality in relation to wages, raising sharply the issue of the wage gap.
He concluded the meeting by assuring staff that as the committee they would give an instruction to the Acting Municipal Manager to convene a meeting and address staff on issues affecting everyone.
He concluded the meeting by outlining the process that would unfold on returning to parliament mentioning debating the report and whether to recommend a continuation of the intervention or not. And, a follow up on recommendations by the Acting Mayor and the Acting Municipal Manager.
He assured staff that the committee would make a follow up on the implementation of the recommendations. He also expressed the hope that the Municipality could run without outside help.
3. FINDINGS
The Committee found that the Emadlangeni Municipality does not have the ability to raise its own revenue and operates on a deficit. The Municipality is unable to recover its own debts and a sum of about R2,9m is owing. The Game Lodge can not implement new tarrifs because of the general disfunction of the Municipality.
It was also found that even though the area has huge potential the municipality still depended on grants and it was necessary for other spheres of government to assist.
The Committee found further that the municipality was under-skilled, that some staff members were casuals even after 15 to 20 years of service, furthermore, that municipal employees are forced to drive unroadworthy municipal vehicles.
The Committee is also concerned about the high degree of bickering between and amongst political parties and interference in the smooth running of the municipality.
4. RECOMMENDATIONS
The Committee recommends that the Council approve the Intervention on the following conditions—
1. That the MEC present a comprehensive program of support to the Municipality in terms of human and financial resources on short, medium areas that impacting on the community.
2. That the MEC presents a report on legality of the appointment of the Acting Municipal Manager and the allowance paid to the Mayor on the month of September.
3. That Political Parties in the National Council of Provinces assist the Municipality in creating unity and conditions conducive for service delivery.
4. That the Municipal Manager should embark on and initiate a financial recovery strategy including broadening the tax base.
5. That the MEC should engage the District Council on the water services provision for the Emadlangeni Municipal area.
6. That monthly reports on progress must be presented to the National Council of Provinces.
7. That the MEC must indicate the time-frame for the Intervention. Report to be considered
MONDAY, 19 NOVEMBER 2007
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Assent by President in respect of Bills
- Housing Consumers Protection Measures Amendment Bill [B 6B – 2007 (Reprint)] – Act No 17 of 2007 (assented to and signed by President on 12 November 2007).
- National Sport and Recreation Amendment Bill [B 17B – 2006] – Act No 18 of 2007 (assented to and signed by President on 12 November 2007).
- Banks Amendment Bill [B 12B – 2007] – Act No 20 of 2007 (assented to and signed by President on 12 November 2007).
- Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Bill [B 42B – 2005] – Act No 27 of 2007 (assented to and signed by President on 12 November 2007).
2. Classification of Bills by Joint Tagging Mechanism (JTM)
(1) The JTM on 15 November 2007 in terms of Joint Rule 160(6) classified the following Bills as section 75 Bills:
- Jurisdiction of Regional Courts Amendment Bill [B 48 – 2007] (National Assembly – sec 75)
National Council of Provinces
The Chairperson
1. Referral to Committees of papers tabled
1. The following papers are referred to the Select Committee on Finance for consideration and report:
(a) Report and Financial Statements of Vote 8 – National Treasury for 2006-2007, including the Report of the Auditor-General on the Financial Statements of Vote 8 for 2006-2007 [RP 139-2007].
(b) Report and Financial Statements of the Auditor-General for 2006-2007, including the Report of the Independent Auditors on the Financial Statements for 2006-2007 [RP 134-2007].
(c) Report and Financial Statements of the South African Reserve Bank for 2006-2007, including the Report of the Independent Auditors on the Financial Statements for 2006-2007.
(d) Report and Financial Statements of the Financial Services Board (FSB) 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 91-2007].
(e) Report and Financial Statements of the Office of the Ombud for Financial Services Providers for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007.
(f) Report and Financial Statements of the Independent Regulatory Board for Auditors for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007.
2. The following papers are referred to the Select Committee on Labour and Public Enterprises for consideration and report:
(a) Report and Financial Statements of the Independent Communications Authority of South Africa for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 155-2007].
(b) Report and Financial Statements of the South African Post Office Limited for 2006-2007, including the Report of the Independent Auditors on the Financial Statements for 2006-2007.
(c) Report and Financial Statements of Vote 7 – Government Communication and Information System (GCIS) for 2006-2007, including the Report of the Auditor-General on the Financial Statements of Vote 7 for 2006-2007 [RP 194-2007].
(d) Report and Financial Statements of the Media Development and Diversity Agency (MDDA) for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007.
(e) Report and Financial Statements of the National Economic Development and Labour Council (NEDLAC) for 2006-2007, including the Report of the Independent Auditors on the Financial Statements for 2006-2007.
(f) Report and Financial Statements of the Unemployment Insurance Fund (UIF) for 2006-2006, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 162-2007].
3. The following paper is referred to the Select Committee on Social Services for consideration and report:
(a) Report and Financial Statements of the Council for Medical Schemes for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 75-2007].
4. The following papers are referred to the Select Committee on Public Services for consideration and report:
(a) Report and Financial Statements of the Social Housing Foundation for 2006-2007, including the Report of the Independent Auditors on the Financial Statements for 2006-2007.
(b) Report and Financial Statements of the National Housing Finance Corporation Ltd (NHFC) for 2006-2007, including the Report of the Independent Auditors on the Financial Statements for 2006-2007.
(c) Report and Financial Statements of the Road Accident Fund (RAF) for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 112-2007].
(d) Report and Financial Statements of the Airports Company South Africa Limited (ACSA) for 2006-2007, including the Report of the Independent Auditors on the Financial Statements for 2006-2007.
(e) Report and Financial Statements of the Air Traffic and Navigation Services Company Limited (ATNS) for 2006-2007, including the Report of the Independent Auditors on the Financial Statements for 2006-2007.
(f) Report and Financial Statements of the Railway Safety Regulator (RSR) for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 94-2007].
(g) Report and Financial Statements of the South African Civil Aviation Authority (SACAA) for 2006-2007, including the Report of the Independent Auditors on the Financial Statements for 2006-2007 [RP 146-2007].
(h) Report and Financial Statements of the South African Search and Rescue Organisation (SASAR) for 2006-2007.
(i) Report of the Regulating Committee of the Airports Company of South Africa and Air Navigation Services Company for 2006-2007.
5. The following paper is referred to the Select Committee on Education and Recreation:
(a) Government Notice No 496 published in Government Gazette No 29979 dated 8 June 2007: Appointment of ministerial committee on schools that work, in term of the provisions of regulations 20, Part 8, of the Treasury Regulations for Department, Trading Entities, Constitutional Institutions and Public Entities, issued in terms of the Public Finance Management Act, 1999 (Act No 1 of 1999).
6. The following papers are referred to the Select Committee on Land and Environmental Affairs for consideration and report:
(a) Report and Financial Statements of the Ncera Farms (Pty) Ltd for 2006-2007, including the Report of the Independent Auditors on the Financial Statements for 2006-2007.
(b) Report and Financial Statements of the Ingonyama Trust Board for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 210-2007].
7. The following papers are referred to the Select Committee on Security and constitutional Affairs for consideration and report:
(a) Report of the South African Law Reform Commission for 2006-2007 [RP 123-2007].
(b) Report and Financial Statements of the South African Human Rights Commission (SAHRC) for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 132-2007].
8. The following papers are referred to the Select Committee on Education and Recreation for consideration and report:
(a) Report and Financial Statements of Vote 14 – Department of Arts and Culture for 2006-2007, including the Report of the Auditor-General on the Financial Statements of Vote 14 for 2006-2007.
(b) Report and Financial Statements of the Human Sciences Research Council (HSRC) for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 128-2007].
(c) Report and Financial Statements of the South African Council for Natural Scientific Professions 2006-2007, including the Report of the Independent Auditors on the Financial Statements for 2006-2007.
(d) Report and Financial Statements of the National Research Foundation (NRF) for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007.
9. The following paper is referred to the Select Committee on Labour and Public Enterprises for consideration and report and to the Select Committee on Local Government and Administration:
(a) Report and Financial Statements of the Public Service Sector Education and Training Authority (PSeta) for 2006-2007 [RP 73-2007].
10. The following papers are referred to the Select Committee on Economic and Foreign Affairs for consideration and report:
(a) Report and Financial Statements of the National Empowerment Fund for 2006-2007, including the Report of the Independent Auditors on the Financial Statements for 2006-2007.
(b) Report and Financial Statements of the Council for Geoscience (CGE) for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 116-2007].
(c) Report and Financial Statements of the South African Nuclear Energy Corporation Limited (NECSA) for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 96-2007].
(d) Report and Financial Statements of the Central Energy Fund Group of Companies (CEF) for 2006-2007, including the Report of the Auditor-General and the Independent Auditors on the Financial Statements of the Central Energy Fund Group of Companies for 2006-2007 [RP 189-2007].
(e) Report and Financial Statements of the South African Diamond Board Fund for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 111-2007].
(f) Report and Financial Statements of the National Nuclear Regulator (NNR) for 2005-2006, including the Report of the Auditor-General on the Financial Statements for 2005-2006 [RP 95-2007].
(g) Report and Financial Statements of Mineral Technology (Mintek) for 2006-2007, including the Report f the Auditor-General on the Financial Statements for 2006-2007 [RP 109-2007].
(g) Report and Financial Statements of the Mine Health and Safety Council for 2006-2007, including the Report of the Auditor-General on the Financial Statements for 2006-2007 [RP 26-2007].
11. The following papers are referred to the Select Committee on Economic and Foreign Affairs:
(a) Government Notice No 517 published in Government Gazette No 30003 dated 21 June 2007: Repeal Part 1 of the Regulations published by Government Notice No. R2362 of 18 November 1977 in terms of the Trade Metrology Act, 1973 (Act No 77 of 1973).
(b) Government Notice No R.544 published in Government Gazette No 30023 dated 6 July 2007: Compulsory specification for cement in terms of the Standards Act, 1993 (Act No 29 of 1993).
(c) Government Notice No R.545 published in Government Gazette No 30023 dated 6 July 2007: Regulations relating to the payment of levy and the issue of sales permits in regard to compulsory specifications: Amendment in terms of the Standards Act, 1993 (Act No 29 of 1993).
(d) Government Notice No R.546 published in Government Gazette No 30023 dated 6 July 2007: Regulations relating to the payment of levy and the issue of sales permits in regard to compulsory specifications: Amendment in terms of the Standards Act, 1993 (Act No 29 of 1993).
(e) Government Notice No R.547 published in Government Gazette No 30023 dated 6 July 2007: Regulations relating to the payment of levy and the issue of sales permits in regard to compulsory specifications: Amendment in terms of the Standards Act, 1993 (Act No 29 of 1993).
(f) Government Notice No R.580 published in Government Gazette No 30050 dated 13 July 2007: Standards matters in terms of the Standards Act, 1993 (Act No 29 of 1993).
(g) Government Notice No R.581 published in Government Gazette No 30050 dated 13 July 2007: Incorporation of an external company as a company in the Republic of South Africa: Revere International Limited, in terms of the Companies Act, 1973 (Act No 61 of 1973).
(h) Government Notice No R.582 published in Government Gazette No 30050 dated 13 July 2007: Incorporation of an external company as a company in the Republic of South Africa: Delburne Holdings Limited, in terms of the Companies Act, 1973 (Act No 61 of 1973).
(i) Government Notice No 643 published in Government Gazette No 30074 dated 20 July 2007: Standards matters in terms of the Standards Act, 1993 (Act No 29 of 1993).
(j) Government Notice No 644 published in Government Gazette No 30074 dated 20 July 2007: Standards matters in terms of the Standards Act, 1993 (Act No 29 of 1993).
(k) Government Notice No 648 published in Government Gazette No 30092 dated 20 July 2007: Companies and Intellectual Property Registration Office (CIPRO) – Intellectual Property Division: Notice in terms of regulations 3(7) in terms of the Copyright Act, 1978 (Act No 98 of 1978).
(l) Government Notice No 649 published in Government Gazette No 30074 dated 20 July 2007: Repeal of Government Notice No 1322 of 1 September 1995 and publishing of regulations in terms of the Trade Metrology Act, 1973 (Act No 77 of 1973).
(m) Government Notice No 698 published in Government Gazette No 30144 dated 10 August 2007: Standards matters in terms of the Standards Act, 1993 (Act No 29 of 1993).
(n) Government Notice No 741 published in Government Gazette No 30189 dated 17 August 2007: Incorporation of an external company as a company in the Republic of South Africa: Kotze Investments (Pty) Ltd, in terms of the Companies Act, 1973 (Act No 61 of 1973).
(o) Government Notice No 781 published in Government Gazette No 30225 dated 28 August 2007: Rules for the conduct of matters before the National Consumer Tribunal in terms of the National Credit Act, 2005 (Act No 34 of 2005).
(p) Government Notice No 819 published in Government Gazette No 30254 dated 7 September 2007: Proposed amendment of the Compulsory Specification for Vehicles of Category 03 and 04, in terms of the Standards Act, 1993 (Act No 29 of 1993).
12. The following paper is referred to the Select Committee on Finance and to the Select Committee on Local Government and Administration:
(a) Government Notice No 824 published in Government Gazette No 30264 dated 7 September 2007: Notice of allocations per municipality for Schedule 7 local government conditional grants, in accordance with sections 8(3) and 22(1)(a) of the Division of Revenue Act, 2007 (Act No 1 of 2007).
13. The following papers are referred to the Select Committee on Finance for consideration and report:
(a) Agreement Establishing the Collaborative Africa Budget Reform Initiative (CABRI), tabled in terms of section 231(2) of the Constitution, 1996.
- Explanatory Memorandum to the Agreement Establishing the Collaborative Africa Budget Reform Initiative (CABRI).
14. The following papers are referred to the Select Committee on Security and Constitutional Affairs for consideration:
(a) Report on the recommendation for the determination of salaries and allowances of magistrates.
(b) Report on the recommendation for the determination of remuneration of Constitutional Court Judges and Judges.
COMMITTEE REPORTS
National Council of Provinces
1. Report of the Select Committee on Security and Constitutional Affairs on the Constitution Thirteenth Amendment Bill [B 24 – 2007], (National Assembly - sec 74), dated 16 November 2007:
The Select Committee on Security and Constitutional Affairs, having considered the subject of the Constitution Thirteenth Amendment Bill [B 24 – 2007], (National Assembly- sec 74), referred to it, reports that is has agreed to the Bill without amendments.
2. Report of the Select Committee on Security and Constitutional Affairs on the Annual Report and Financial Statements for 2006/2007 of the Department of Safety and Security, dated 13 November 2007:
The Select Committee on Security and Constitutional Affairs, having been briefed by the Department of Safety and Security on its Annual Report and Financial Statements on Vote 22 for 2006-2007, including the Report of the Auditor-General on the Financial Statements of Vote 22 for 2006-2007, referred to it, reports that it has concluded its deliberations thereon.
3. Report of the Select Committee on Security and Constitutional Affairs on the Annual Report and Financial Statements for 2006/2007 of the Department Justice and Constitutional Development, dated 14 November 2007:
The Select Committee on Security and Constitutional Affairs, having been briefed by the Department of Justice and Constitutional Development on its Annual Report and Financial Statements on Vote 23 for 2006-2007, including the Report of the Auditor-General on the Financial Statements of Vote 23 for 2006-2007, referred to it, reports that it has concluded its deliberations thereon.
4. Report of the Select Committee on Security and Constitutional Affairs on the Annual Report and Financial Statements for 2006/2007 of the Department of Correctional Services, dated 8 November 2007:
The Select Committee on Security and Constitutional Affairs, having been briefed by the Department of Correctional Services on its Annual Report and Financial Statements on Vote 20 for 2006-2007, including the Report of the Auditor-General on the Financial Statements of Vote 20 for 2006-2007, referred to it, reports that it has concluded its deliberations thereon.
5. REPORT OF THE SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL AFFAIRS ON THE REMOVAL FROM OFFICE AND WITHHOLDING OF REMUNERATION OF MR T V D MATYOLO, AN ADDITIONAL MAGISTRATE AT PORT ELIZABETH, DATED 6 NOVEMBER 2007.
The Select Committee on Security and Constitutional Affairs, having considered the report on the suspension/removal from office of Mr Matyolo and the withholding of his remuneration, tabled by the Minister for Justice and Constitutional Development in terms of section 13(4)(b) and 13(4A)(b) of the Magistrates Act, 1993 (Act 90 of 1993), respectively, reports as follows:
1. The Committee noted from the report tabled by the Minister for Justice and Constitutional Development that the Magistrates Commission on 23 August 2007 and 29 October 2007, respectively, resolved to recommend the removal from office of Mr Matyolo in terms of section 13(4)(a)(i) of the Magistrates Act, 1993 and determined to withhold his remuneration in terms of section 13(4A)(a) of the Act.
2. The Committee noted that the Minister for Justice and Constitutional Development has, in terms of section 13(4)(a) of the Magistrates Act, 1993, suspended Mr Matyolo from office on 27 September 2007.
3. The Committee further noted that Mr Matyolo has been absent from office since 5 June 2007 without leave or any other valid reason and that in terms of regulation 34(1) of the Regulations for Judicial Officers in the Lower Courts he, in the circumstances, is deemed to have absconded and as such he made himself guilty of misconduct. All efforts to trace him were unsuccessful.
4. In terms of section 13(4)(c) and 13(4A)(c) of the Magistrates Act, 1993, Parliament must, as soon as is reasonably possible pass a resolution as to whether or not –
(a) the restoration of Mr Matyolo to his office is recommended; and
(b) the determination to withhold Mr Matyolo’s remuneration is confirmed, either with or without amendment, or set aside.
5. The Select Committee therefore recommends that the Council resolves –
(a) not to restore Mr Matyolo to his office in terms of section 13(4)(c) of the Magistrates Act, 1993; and (b)to confirm the determination by the Magistrates Commission to withhold Mr Matyolo's remuneration in terms of section 13(4A)(c) of the Magistrates Act, 1993.
Report to be considered
TUESDAY, 20 NOVEMBER 2007
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Bills passed by Houses – to be submitted to President for assent
(1) Bills passed by National Council of Provinces on 20 November 2007:
(a) Public Service Amendment Bill [B 31B – 2006] (National Assembly – sec 76(1)).
(b) Rental Housing Amendment Bill [B 30B – 2007] (National Assembly – sec 76(1)).
2. Bills referred to Mediation Committee
(1) Bill, as amended by National Assembly, and rejected by National Council of Provinces on 20 November 2007, referred to Mediation Committee in terms of Joint Rule 186(2)(b):
(a) Children’s Amendment Bill [B 19D – 2006 (Reprint)] (National Council of Provinces – sec 76(2)).
National Council of Provinces
The Chairperson
1. Message from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council
1. Bills passed by National Assembly and transmitted for concurrence on 20 November 2007:
(a) South African Judicial Education Institute Bill [B 4B – 2007] (National Assembly– sec 75.
The Bill has been referred to the Select Committee on Security and Constitutional Affairs of the National Council of Provinces.
- Judicial Services Commission Amendment Bill [B 50 – 2007] (National Assembly – sec 75).
The Bill has been referred to the Select Committee on Security and Constitutional Affairs of the National Council of Provinces.
2. Referral to Committees of papers tabled
1. The following papers are referred to the Select Committee on Finance for consideration and report:
- Convention between the Republic of South Africa and the Republic of Mozambique for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, tabled in terms of section 231(2) of the Constitution, 1996.
(b) Explanatory Memorandum to the Convention between the Republic of South Africa and the Republic of Mozambique for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income.
2. The following papers are referred to the Select Committee on Public Services for consideration and report:
(a) 1991 Amendments to the Convention on the International Maritime Organisation (IMO), 1948, tabled in terms of section 231(2) of the Constitution, 1996.
(b) Explanatory Memorandum to the 1991 Amendments to the Convention on the International Maritime Organisation (IMO), 1948.
(c) International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001, tabled in terms of section 231(2) of the Constitution, 1996.
(d) Explanatory Memorandum to the International Convention on the Control of Harmful Anti-Fouling Systems on Ships.
COMMITTEE REPORTS
National Council of Provinces
1. Report of the Select Committee on Labour and Public Enterprises on the Electronic Communications Amendment Bill [B 38B – 2007] (National Assembly – sec 75), dated 20 November 2007:
The Select Committee on Labour and Public Enterprises, having considered the subject of the Electronic Communications Amendment Bill [B 38B- 2007] (National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports that it has agreed to the Bill.
2. Report of the Select Committee on Social Services on the Children’s Amendment Bill [B19D-2006 (Reprint)] (National Council of Provinces – sec 76 (2) (including textual corrections), dated 20 November 2007:
The Select Committee on Social Services considered the subject of the Children’s Amendment Bill [B19D – 2006 (Reprint)] (National Council of Provinces – sec 76 (2)) (including textual corrections) referred to it and classified by the Joint Tagging Mechanism as a section 76 (2) Bill, reports that it has rejected the Bill.
- Report of the Select Committee on Finance on the Adjustment Appropriation Bill [B 41 – 2007] (National Assembly sec 77), dated 20 November 2007:
The Select Committee on Finance, having considered and examined the Adjustment Appropriation Bill [B 41 – 2007] (National Assembly – sec 77), referred to it, and classified by the Joint Tagging Mechanism as a Money Bill, reports that it has agreed to the Bill.
- Report of the Select Committee on Finance on the Revenue Laws Amendment Bill [B 42 – 2007] (National Assembly sec 77), dated 20 November 2007:
The Select Committee on Finance, having considered and examined the Revenue Laws Amendment Bill [B 42 – 2007] (National Assembly – sec 77), referred to it, and classified by the Joint Tagging Mechanism as a Money Bill, reports that it has agreed to the Bill.
- Report of the Select Committee on Finance on the Revenue Laws Second Amendment Bill [B 43 – 2007] (National Assembly sec 75), dated 20 November 2007:
The Select Committee on Finance, having considered and examined the Revenue Laws Second Amendment Bill [B 43 – 2007] (National Assembly – sec 75), referred to it, and classified by the Joint Tagging Mechanism as a Section 75 Bill, reports that it has agreed to the Bill.
- Report of the Select Committee on Finance on the Securities Transfer Bill [B 44 – 2007] (National Assembly sec 77), dated 20 November 2007:
The Select Committee on Finance, having considered and examined the Securities Transfer Bill [B 44 – 2007] (National Assembly – sec 77), referred to it, and classified by the Joint Tagging Mechanism as a money Bill, reports that it has agreed to the Bill.
- Report of the Select Committee on Finance on the Securities Transfer Tax Administration Bill [B 45 – 2007] (National Assembly sec 75), dated 20 November 2007:
The Select Committee on Finance, having considered and examined the Securities Transfer Tax Administration Bill [B 45 – 2007] (National Assembly – sec 75), referred to it, and classified by the Joint Tagging Mechanism as a Section 75 Bill, reports that it has agreed to the Bill.
- Report of the Select Committee on Finance on the Convention between the Republic of South Africa and the Republic Mozambique for the avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to taxes on income, dated 20 November 2007:
The Select Committee on Finance, having considered the request for approval by Parliament of the Convention between the Republic of South Africa and the Republic of Mozambique for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, recommends that the Council, in terms of section 231 (2) of the Constitution, approve the said Convention.
Report to be considered.
Audio
No related
Documents
Bills
- B14-2007 - South African Express Bill
- B15-2007 - Criminal Law (Sentencing) Amendment Bill
- B16-2007 - Human Sciences Research Council Bill
- B17-2007 - Astronomy Geographic Advantage Bill
- B26-2007 - Broadband Infraco Bill
- B30-2007 - Rental Housing Amendment Bill
- B31-2006 - Public Service Amendment Bill
- B33-2007 - Education Laws Amendment Bill