Hansard: NA: Unrevised hansard
House: National Assembly
Date of Meeting: 08 Sep 2021
No summary available.
THURSDAY, 9 SEPTEMBER 2021
PROCEEDINGS OF THE NATIONAL ASSEMBLY
Watch video here: PLENARY (HYBRID)
The House met at 10:05.
House Chairperson Mr M L D Ntombela took the Chair and requested members to observe a moment of silence for prayer or meditation.
The HOUSE CHAIRPERSON (Mr M L D Ntombela): Order! Hon members, in the interest of safety for all present in the Chamber, please keep your masks on and sit in your designated area.
Thank you. The first motion on the Order Paper is a motion in the name of the Chief Whip of the Majority Party.
Hon members, the families of the bereaved are stuck at the gate. Shall we take a short break until they are in the House, so that whatever we do, we do it in their names and in their
presence. Thank you very much. We will take a short, short break.
BUSINESS SUSPENDED AT 10:06 AND RESUMED AT 10:12.
The HOUSE CHAIRPERSON (Mr M L D Ntombela): I think we can start. The families are here. Am I not audible? [Interjections.] Order, hon members. The family members are already here. I will request that ... The first motion on the Order Paper is a motion in the name of the Chief Whip of the Majority Party. I now recognise the hon Chief Whip of the Majority Party in the Chamber.
MOTION OF CONDOLENCE
(The late Ms T M A Tongwane)
The CHIEF WHIP OF THE MAJORITY PARTY: House Chair and hon members in physical attendance and on the virtual platform, and family members present of our five colleagues who passed on during this year, I move without notice on behalf of the ANC:
That the House—
(1) notes with great shock and sadness the passing of ANC Member of Parliament, Tshoganetso Mpho Adolphina Tongwane, who passed away on Wednesday, 19 May 2021;
(2) remembers that she joined Parliament in 2008 in the National Assembly and served on the Portfolio Committee on Human Settlements as well as the Portfolio Committee on Home Affairs;
(3) further remembers that in the Sixth Parliament she served in the Portfolio Committee on Environment, Forestry and Fisheries;
(4) recalls that she also served as an additional regional executive member of the Northern Cape ANC Women’s League;
(5) further recalls that her political career dated back to 1980 when she was a member of the United Democratic Front and later joined the ANC;
(6) believes that Parliament has lost a dedicated and loyal member ...
... obesebenzela isizwe ngokuzinikela engajonganga nzuzo;
(7) acknowledges that through her experience, knowledge and understanding of legislative and oversight matters, she made an immense contribution to the quality of laws and other work of the committees she participated in; and
(8) extends its sincerest condolences to the family and friends of the late hon Comrade Mpho Tongwane.
Kusapho lwakhe sithi, ngxe. Lalani ngenxeba, akuhlanga lungehliyo. Ndiyabulela.
Mr D W BRYANT: The DA extends its sincere and heartfelt condolences to the family, friends and colleagues of Ms Tshoganetso Mpho Adolphina Tongwane. Ms Tongwane was an experienced and much-loved Member of Parliament who contributed greatly towards our shared goal of building a united, democratic South Africa. As a member of the Portfolio
Committee on Environment, Forestry and Fisheries, Ms Tongwane made many significant contributions and was an important member of both her caucus and of the committee in general. She also served with distinction on the committees on Human Settlements and Home Affairs.
Ms Tongwane had a long and distinguished political career, beginning as an activist for the United Democratic Front in the turbulent 1980s, before later joining the ANC. Her hard work and dedication culminated in her election as a member of the National Assembly, where she served from 2008 until her passing earlier this year.
Although I was not privileged to know Ms Tongwane better, I have noted the sentiments of colleagues in our committee who have spoken of her as a warm, gentle and kind person with a wealth of knowledge and experience. She undoubtedly had a significant and positive impact on the lives of those who knew her and she will be sorely missed.
During these difficult and uncertain times, I would like to offer some solace in the words of the poet, Leo Marks who said:
The life that I have Is all that I have
And the life that I have Is yours.
The love that I have
Of the life that I have
Is yours and yours and yours.
A sleep I shall have A rest I shall have
Yet death will be but a pause
For the peace of my years In the long green grass
Will be yours and yours and yours.
Rest in peace, hon Tongwane.
Mr M N PAULSEN: Chairperson, I feel quite honoured to be able to do this condolence motion today. I also feel very sad and really sorry that I’m not able to be in the House today. I’m sure that Mpho would understand very well the rigours of the
work that we do and will know that I mean no disrespect by not being there.
This pandemic has really robbed us as I had grown quite fond of hon Tshoganetso Mpho Adolphina Tongwane. I served with Mpho on the Portfolio Committee on Agriculture, Forestry and Fisheries in the Fifth Parliament. In the Sixth Parliament, we were the two longest-serving members of the Portfolio Committee on Environment, Forestry and Fisheries. Even the chairperson was a ... [Inaudible.] ... then.
I fully concur with the sentiments expressed in the draft motion. Mpho was indeed dedicated and carried out her duties with grace and compassion. Mpho’s experience, knowledge and understanding of legislative and oversight matters will be sorely missed. But mostly, I will miss Mpho’s calm and gentle demeanour and I will miss having someone to tease.
To Mpho’s comrades in the ANC, her family and friends, we feel your pain, and on behalf of the EFF please accept our deepest sympathies.
Mr N SINGH: Hon Chairperson and colleagues, let me start off by saying I just hope, you know, that these kinds of debates
where we have to come and participate doesn’t become the order
of the day in our House. Hon Chief Whip, I think it’s almost
18 members that we have lost since this new Parliament started and today I think it’s quite historic and sad that we have to pay tribute to five of them. And, there are more to come.
Unfortunately, we do not have the will or the power to decide who comes and who goes. All that is left in the hands of almighty God, the creator who has brought us into this universe.
But, today we come together in sorrow as members and the IFP caucus to offer our tributes and condolences to the family present in the gallery and those watching virtually, on the passing of our beloved hon Tshoganetso Tongwane on the 20th of May. Additionally, we would like to share that our thoughts and prayers are with her close colleagues in the ANC caucus of Parliament.
Hon Tongwane served with me on the Portfolio Committee on Environment, Forestry and Fisheries, and was an active member of this committee, as my two colleagues have already indicated. She will be sorely missed by all her colleagues, and for her deliberations in that committee. The most heart-
breaking will be when I look around for her cheerful smile which is now just a memory. We will most certainly feel a deep void in our committee.
The IFP acknowledges the hon Ms Tongwane’s long history in politics and her role in fighting against the injustices of the apartheid government in the early 1980s. Hon Tongwane has a longstanding record in Parliament and was first sworn in as a member in 2008. Her active role in various portfolio committees of Parliament always reflected her passion and diligence. The IFP would therefore like to acknowledge the great life and work of hon Tongwane.
In honouring what she stood for, each and every one of us must push ourselves to preserve her legacy by dedicating our lives to the needs of the people we serve. To the family seated in the gallery and watching virtually, all is not lost. In fact, you are now called to serve the legacy left by Ms Tongwane. In doing so, she will never leave us entirely but live on through our actions. The greatest tribute would be to remember to continually strive to achieve what she fought for, for so many years.
On behalf of our leader in Parliament, Prince Mangosuthu Buthelezi and all the IFP members in the National Assembly, I would like to once again extend our sincere condolences on this tragic loss. May her soul rest in eternal peace.
Dr C P MULDER: Hon Chairperson, hon colleagues, the family of our colleague, on behalf of the Freedom Front Plus and all our members, I would like to express our sincere condolences and our support for the motion in the name of the Chief Whip of the Majority Party with the passing of our colleague, hon Tshoganetso Tongwane.
I had the privilege to serve with her some years ago on the Portfolio Committee on Home Affairs and I’ll remember her as a friendly person who always made a good contribution. It is sad when we lose a colleague, but it’s also appropriate that we pay the necessary respect and homage to our colleagues in this fashion and in this way. When asked by the parliamentary monitoring group on the web page to express herself about what she was passionate about, our colleague Tshoganetso Tongwane, answered as follows and I quote: “I’m a God-fearing woman and sometimes I preach at the local radio station”
I think her family will remember that as well and her friends are also aware of that reality. Our colleague served in Parliament for 13 years. She did make a good impression and a very good contribution. May I, on behalf of the Freedom Front Plus express our sincere condolences. May her soul rest in eternal peace. Thank you, Chairperson.
Ms M E SUKERS: Thank you, hon Chairperson. The ACDP rises to extend our sincere and deepest condolences to the family of hon Mpho Adolphina Tongwane and to her political family, the African National Congress. Hon Tongwane served as a public representative since 2008. It is a remarkable achievement considering the volatility of public life and the hard work and sacrifice such a life requires.
In remembering the life of hon Mpho Tongwane who was in life, a servant of the people, it reminds us that the times and seasons are not in our hands. Our born day and our death day is not ours to determine. It is the choices we make while we are alive that is in our hands. The greatest honour her children have is to know that their mother served others and this will be the mark of her legacy. I was reminded of a message by Prophet Bob Jones who said that in heaven money, status and power has no value, what is valued in heaven and
what is asked of you is, have you loved others? Love is the main thing that determines our reward. How we love and who we loved will be remembered and whose lives we touched will determine our legacy. Without knowing Christ, it is impossible to love because human affection has an expiry date.
To the family and friends of hon Tongwana in your grief, remember that the love of God is eternal and his affection for you is never ending. May the love of God be made real to you as a family and to the ANC in this time of bereavement. Thank you.
Mr N L S KWANKWA: Thank you very much hon House Chair. On behalf of the United Democratic Movement I’d like to take this opportunity to extend our heartfelt condolences to the family, close friends and the African National Congress of the late Hon Tongwane. Ms Tongwane was a selfless leader who served the National Assembly Parliament of the Republic of South Africa with distinction.
Having been raised in a politically active family, Ms Tongwane was no stranger into the political space. She demonstrated strong leadership capabilities and the political background as she served in the different portfolio communities such as
Health, Environment Forestry and Fisheries in the National Assembly. She was one of the most hard working and committed parliamentarians who served the people of South Africa with integrity and respect. We all know that Ms Tongwane was a political activist and served the major contribution via the United Democratic Front back in the days in the 80s and later became the member of the African National Congress.
In that way, she is one of the people who laid the foundation for the freedoms that we now enjoy and the free and democratic South Africa that we so much love. Through her political background and vast knowledge of legislative and oversight matters, she made a remarkable impact to the quality of the laws in several communities she participated. Comrades and colleagues, this deadly pandemic has severely affected and ravaged South Africa as it has done the same to the Parliament of the Republic of South Africa. It is devastating that we keep on losing members and people in our country in general due to a number of issues but mainly the coronavirus incident.
In fact, this year it has taken more Members of Parliament than any other years. This is indeed the most difficult time for us and it’s important that we do everything humanly
possible as South Africa to ensure that even during this time
of the pandemic we endeavour to save other people’s lives.
Wanga umphefumlo wakhe ungaphumla ngoxolo
May her soul rest in peace. Once again, we express our deepest condolences to her family in particular. Thank you, Chair.
Ms T L MARAWU: Thank you very much, hon Chairperson.
Siyi-ATM, sidlulisa amazwi ovelwano kusapho lakwaTongwane xa uThixo athe waluhambela. Sithi ke kulo usapho malungalili luqalekise njengabantu abangenalo ithemba. Simbonile uMama uTonwane esebenza, ekhulula eli lizwe. Sithi kusapho lwakhe, malungaqumbi luqalekise kuba usebenzile esebenzela le nkululeko yeli lizwe.
Simbonile esondela kuThixo, ethatha amandla ukuze akwazi ukutshintsha ubomi babantu beli lizwe. Sithi ke, ngxesi kusapho lwakhe. Sithi ngxesi kumzi we-ANC. Sithi mabamyeke aphumle ngoxolo. Enkosi ndiyabulela Sihlalo.
Ms T V B MCHUNU: Thank you, hon Chairperson. Humble greetings to the family and to the hon members. Today we celebrate the life and contribution of hon Mpho Tongwane who wanted a better life for the people of South Africa. She was a humble soul and soft spoken. She was dedicated to her work, friendly and a prayerful woman.
Hon Chairperson, we celebrate a life well lived when we have experienced brutal killings of women in different parts of our country. This pandemic claimed innocent lives and innocent women. Hon Tongwane was an activist who led the national network on violence against women and fighting gender-based violence scourge was one of her priorities. Indeed, she left the baton to be taken and move forward with speed in the battle against gender-based violence. Death robbed us of a leader with experience in government and women of integrity.
The ANC lost a leader who diligently performed her duties and honoured her deployment even if she was not well. She would definitely come to the portfolio committee. We, as members of the portfolio committee would sometimes ask her to go back so that she can rest.
She loved and enjoyed serving the people. She served in different structures of the ANC. She grew up within the ranks
of the ANC, hence she is amongst the heroines of the struggle of the liberation. She didn’t parachute, she served. Thus, she was the servant of the people. Her contribution to the struggle of the liberation of the people will remain in the history of this country. She left us when we are facing a serious challenge as the Portfolio Committee of Forestry, Fisheries and Environment of doing oversight during the period when the world is faced with global warming effects. This is the critical time to raise awareness amongst the people of this country on importance of taking care of our environment and find together to ensure that we breathe fresh air and save and preserve our environment and promoting green economy activism as we all work towards total reduction of greenhouse gas emissions.
We needed her expertise during this critical time when the country needs volunteers to lead the way towards advocating for economic activities in all the fields of environment. We missed her contribution when we went for an oversight as a portfolio committee, as a dedicated member and as a dedicated leader. Indeed, the spear has fallen. Let us pick it up and run towards achieving National democratic society which hon Tongwane fought and worked tirelessly to achieve in her lifetime. The ANC will miss her contribution as we approach
the local government elections. We will soldier on as ANC and contribute and continue to lead our people towards complete freedom. We will do that in honour of hon Tongwane.
I am sure that as the ANC cadres deployed in this Parliament, we will make all the efforts of winning the upcoming elections decisively in order to finally honour comrade Tongwane. We wish to thank the family for sharing their daughter, sister, mother and friend with the people of South Africa and her second family, the ANC. Please, find comfort in the good memories of her good work and be proud of having contributed as a family towards improving lives of the people because she was also a good ambassador of her family.
As I conclude, hon Chairperson, I wish to give the family the scripture from Isaiah 41:10 which reads thus; do not fear for I am with you, do not be dismayed for I am your God. I will strengthen you and help you. I will uphold you with my righteous right hand in Jesus Name. May her soul rest in peace. May we continue to soldier on and work for the people of this country. Thank you, hon Chairperson.
The HOUSE CHAIRPERSON (Mr M L D Ntombela): That concludes the
speaker’s list on this matter. I take it that there are no
objections to the motion being adopted. Will members, please, rise to observe a moment of silence in memory of this, hon Tongwane.
The Presiding Officers associate themselves with the motion. The condolences of the House will be conveyed to the Tongwane family.
Agreed to, members standing.
MOTION OF CONDOLENCE
(The late Mr Cameron MacKenzie)
The CHIEF WHIP OF THE OPPOSOTION PARTY: House Chair, members of Parliament, you will forgive me and the Chief Whip of the ANC will note that as Chief Whips these are the hardest things that we ever do in our line of work. I move without notice
That the House—
(1) notes with sadness the passing of Mr Cameron MacKenzie due to Covid-19-related complications on 7 July 2021;
(2) acknowledges that Mr MacKenzie served as a Member of Parliament for the Democratic Alliance in the National
Assembly since 2014, where he served on the Portfolio Committee on Telecommunications and Postal Services, and later on the Portfolio Committee on Communications and Digital Communications;
(3) recalls that Mr MacKenzie began his career in the financial services in the United Kingdom, and that he got
involved in politics in the Republic more than 30 years ago when he joined the African National Congress following the Boipatong Massacre;
(4) further recalls that Mr MacKenzie briefly left politics in protest after the conclusion of the Arms Deal in 1996, and that he later joined the Democratic Alliance Caucus in the City of Johannesburg in 2006, where he served on the Finance, Economic Development, Transport and the Municipal Public Accounts Section 79 committees;
(5) remembers that Mr MacKenzie held a bachelor’s degree in Communication Sciences from the University of South Africa and several other certificates from the University of Witwatersrand, and that he was the Managing Director of the crisis communications and reputations management consultancy, Sentinel 360;
(6) further acknowledges that Mr MacKenzie was a dedicated public servant and true patriot, that the country is much poorer for not having him fight for their rights and that his passing has left a massive gap in the lives of many;
(7) further notes that Mr MacKenzie is survived by his wife, Mrs Lisa MacKenzie, and their three children,
Emma, Andrea and Thorne; and
(8) conveys its heartfelt condolences to his family, his friends and his colleagues. Go well my brace heart.
Agreed to, members standing.
Mr B M MANELI: Hon House Chairperson, hon members, the MacKenzie family, fellow South Africans, I rise on behalf of
the ANC to firstly extend my sincere condolences to the MacKenzie family and his political Party the DA, on whose behalf he joined this NA as a Member of Parliament.
Hon MacKenzie joined Parliament in 2014 and served in the Portfolio Committee, the DTPS, Department of Telecommunications and Postal Services, now communications until his passing on the 7th of July 2021.
This may be the longest serving member of the committee as the Sixth Administration was his second term in this committee.
Many in the committee will agree that as a South African, hon MacKenzie made himself available to be a public representative. His commitment to the work in the committee demonstrated his understanding of functional multi-party system.
He understood the balancing act needed to hear, respect and value the views of all parties including the respect for the views of those with majority support, in this case the ANC he once joined as a member. It is this understanding that has kept the committee focused on the need to put South Africans first.
We are paying tribute to an honourable member who was at times impatient, raised his voice, robust in engagements with the ministry, departments and entities as they appeared before the committee. However, he would give credit when good performance is reported.
He had particular passion for the Post Office as an area of oversight informed by his academic background and constituency queries that he would always raise in our meetings.
The late hon MacKenzie was indeed a dependable member of the committee collectively, who really comprehended the words of OR Tambo and I quote:
“Let`s tell the truth to ourselves, even if the truth coincides with what the enemy is saying. Let us tell the truth”
In this context, hon MacKenzie supported the commitments made to the nation by the governing party to hon President Cyril Ramaphosa’s Sona. That the BDM programme must be urgently implemented to unlock the much needed high demand spectrum, knowingly that this would present access to more free to air channels to South Africans opposed to the three channels that
are apartheid government delivered. That the spectrum allocation is speeded up in a way that strengthens the digital economy whilst ensuring the participation of youth, women and people with disabilities amongst others. The SA Connect, through broadband rollout must be implemented to ensure connectivity even in the rural areas in order to realise universal access targets of the country.
The measure of entities learning from good performing ... [Inaudible.] ... need to be fast acted to realise efficiency. This includes the implementation of turnaround strategies that South African Broadcasting Corporation, MDDA, Media Development and Diversity Agency, and SA Post Office to ensure future sustainability. We commit not to fail in ensuring that through our oversight, all these happen within the timelines agreed upon on in Sona.
Hon House Chair, before I sit down, I am reminded that September is not only a public service month but also a heritage month of South Africa and therefore could have not been any better month to pay tribute to Mr Makhathini, a Scottish friend as hon Molala would have jokingly called him in humorous moments in the committee. He respected his history, origin and culture as I witnessed in his final send
off. May his soul rest in eternal peace and his family continue to be comforted. I thank you, hon Chair.
Mr M N PAULSEN: Hon House Chairperson, on my very first day in Parliament, the hon MacKenzie told me I have a very appropriate surname, Paulsen, meaning small Paul and that was the beginning of a constant bickering. When Cameron survived a bullet in 2020, I send him a message on Twitter and wished him well and said I will be praying for his recovery. We exchanged numbers and kept in touch.
When we saw each other at the State of the Nation address, Sona, of 2020, we embraced each other and together we battled the tears rolling down our faces. It was a real human connection and an end to the bickering. It was a beginning of a friendship very different from the one that is common between members of the two largest opposition parties.
We chatted and called each other regularly. We planned to go for coffee when I was in Johannesburg. In one conversation he told me he got a decent pay out for his little accident as he called it. I enjoyed his sense of humour. He said, Nazier what can I do money just loves us white people, now I can buy you dinner and coffee.
He was a proud Scottish descendant. He used to wear a kilt to Sona. I once complemented him and he replied and said, thank you, the best thing is I do not have to wear underwear. [Laughter.]
I appreciate the opportunity I got to experience Cameron’s humanity and his love for humanity. I still have his last message on my phone. On 24 June, he sent me a message and it ended PS: Positive for COVID-19, sick as a dog, take care of yourself. This thing is real and its horrible. I think that message is for all of us, hon House Chairperson.
To his colleagues, in the DA, my deepest condolences. You have lost a really good man. To his wife Lisa, his daughters Emma and Andrea and to his son, Thorne, you were his pride and joy. I share your sense of loss and sadness. To you Cameron, you owe me coffee and dinner. Thank you very much, hon House Chairperson.
Ms Z MAJOZI: Hon House Chairperson, let me first greet the family of our former member, hon MacKenzie. As the IFP we would like to express our deepest condolences to the DA, as well as the family, friends and colleagues of hon Cameron MacKenzie who tragically passed away on 7 July, this year.
In his role as the shadow deputy minister of communications, he was passionate, diligent and a valued member of the Portfolio Committee on Communications. Hon MacKenzie has a long history in politics. From humble beginnings, serving on the ninety-sixth ward committee for traffic and transport in 2006 to becoming Johannesburg city councillor in 2009 and eventually a Member of Parliament in 2014.
He always served the people of South Africa with integrity and dignity. His track record speaks of a man committed to public service and uplifting his community.
We would like to pay tribute to hon MacKenzie and his lifelong commitment to public service and being the voice of the people of South Africa.
The pandemic has robbed us of a great man. We hope that his family finds some comfort in the contributions he made towards strengthening our democracy. May his legacy be a strong reminder that much more is needed to be done in ensuring accountability and transparency in building a better future for our children.
Hon House Chairperson, I would like to share some sentiments about the hon MacKenzie. He was very specific when it came to his last name. Even in the committee, he would correct the Secretariat every time they wrote his surname wrong. He would always tell them that this is not how his surname is written. I remember that we were together in the Committee on Communications in a very cold committee room. He saw me going in and out, in order to get sunshine outside, he then offered me his jacket, so that I be comfortable and able to contribute in the committee.
I would always remember him being a gentleman like that, he would possess that gentlemen hood. Even in his speech whenever he would say make some contributions, he would always be that. His sense of humour was out of this world. I will never forget when he complemented me about my wallpaper that I recently put at home.
So, I would like to say to the DA, may his soul rest in peace. Thank you.
Mr W W WESSELS: Hon House Chairperson, Mr MacKenzie was an experienced politician, who was passionate about serving his community and uplifting the poor. He was also passionate about
history, communication and technology. He was also a dedicated family man.
He served as a councillor and since 2014, as a member of this House. He was diligent in his duties as a Member of Parliament. As a member of his portfolio committee, he made a valuable contribution.
In this House, during plenaries, he also made valuable contributions in terms of the rules which he knew very well. His points of orders were usually meant to restore order to the proceedings.
My first interaction with Mr MacKenzie was during my very first Budget Vote Speech in a miniplenary. I was drowned out by various frivolous points of orders and a lot of interjections. Mr MacKenzie took a few points of orders to protect me and afterwards, congratulated me for standing my ground. It showed his integrity and also the kind of person he was. He was principled and dedicated.
Ernest Hemmingway said, every man’s life ends in the same way. It is only in the details of how he lived that distinguishes him from another.
On behalf of the FFPlus, I want to express our sincere condolences to the family and to the colleagues in the DA with this terrible loss. This virus has robbed us of a good man.
May his soul rest in eternal peace. I thank you, hon House Chairperson.
Mr S N SWART: Hon House Chairperson, the ACDP learned with deep sadness about the untimely passing of Mr Cameron MacKenzie due to COVID-19 related diseases on 7 July 2021. The hon Chief Whip of the DA, hon Natasha Mazzone recently said and I quote:
It is too hard to believe that when we come together again we would not be our original 400 who left in March 2019. I hope they, i.e. those 18 members whom we have lost would be seated in heaven together calling points of orders and laughing together, when we are here in the House.
Yes, indeed hon Mazzone, I believe that is true and we can be assured of that.
The hon MacKenzie joined Parliament in 2014, serving on telecommunications and postal and on the Portfolio Committee on Communications from 2019.
He would have turned 61 this year. He survived an attempted robbery in Johannesburg. He recovered from surgery and was known in Parliament as an absolute gentleman. Parliament has indeed lost a diligent, dedicated and passionate public representative, who contributed immensely to the oversight and law-making programme of Parliament.
We, his family and friends can be comforted by the words from second Timothy 4 and I quote:
He has fought a good fight and he has finished the race. He has kept the faith. Finally, there is laid out for him the crown of righteousness which the Lord the righteous Judge would give to him on that day and not only to him, but to all who have loved his appearing.
The ACDP would love to send our heartfelt condolences to his wife Lisa, family friends and his colleagues in the DA.
We read in Revelations 21:4 and I quote:
God will wipe every tear from their eyes. There shall be no more death. Nor sorrow, nor cry. There shall be no more pain, for the former things have passed away.
May our heavenly father comfort you and surround you with His love at this time. I thank you.
Mr N L S KWANKWA: Chairperson, on behalf of the UDM, I would like to extend our heartfelt condolences to the family and close friends of Mr MacKenzie, as well as his political party, the DA. I have personally worked with Mr MacKenzie in the Portfolio Committee on Communications on a number of occasions. He was a very dedicated Member of Parliament, very principled, even at times when we disagreed on matters that were political, he would disagree respectfully because he was a gentle soul.
He was a man who knew his mission in Parliament, that he had to come back to contribute to the oversight role. Making Parliament effective in its oversight role. We will forever remember and hold dear some of the discussions we had as we were preparing for portfolio committee meetings. Some of the discussions we would have after we would have our informal debriefing sessions when we are planning and discussing the
way forward. And how we could help to influence the work of Parliament and try to strengthen it.
This is a very difficult and sad moment, not only for his political party, the DA, but Parliament and South Africa as a whole. We would like to say that the family must at least find solace in the fact that he leaves a shining legacy of selfless service behind and those of us who are left behind are going to pick up the baton and continue his excellent work. May his soul continue to rest in eternal peace, and deepest condolences to everyone. We thank you.
Ms T MARAWU: Chairperson, let me first greet the MacKenzie family ... [Interjections.] ...
Mandidlulise umbuliso kuqala kusapho lakwaMacKenzie nakwi-DA ndithi, eli ibiliqhawe eliqale ukusebenzela eli lizwe njengoceba, wazibonakalisa ukuba ulithandazwe. Sithi ke kusapho nakwiDA, mabangaqumbi baqalekise njengabantu abangenalo ithemba. Simbonile uTata uMacKenzie ...
... as a principled and dedicated member of this Parliament. May his soul rest in eternal peace. Thank you very much, Chairperson.
Dr D T GEORGE: Chairperson, I met Cameron after I was elected to Parliament in 2008. He was a member of the DA in Fourways and active in the Fourways Ward Committee in my constituency at that time, Sandton North in Midrand. I first met him at a meeting of my constituency and he told me that he was passionate about South Africa and wants to contribute in making our country successful.
In 2009 he became a councillor in the City of Johannesburg and a Member of Parliament in 2014. Cameron was born in Cape Town and grew up in Higgovale. His father had served in the rural navy during World War II, and he was extremely proud of his father’s contribution to world freedom. He was intrigued by the war and enjoyed watching war movies. Taking great pride in being able to understand and speak German. He had learned the language during his time in Germany. He left South Africa when he was conscripted because he refused to serve for political reasons and didn’t want to go to jail, which was the only other option.
He went to London and started working at an advertising agency. His job required him to travel to Germany and he developed an admiration for the culture. Cameron was particularly good at building relationships with people, irrespective of their background. And it was no surprise that he was given the name Braveheart, to celebrate his Scottish heritage and to celebrate his independence in deciding for himself whether he would associate with anyone or not.
He was particularly aggrieved with the plight of the people of Tibet and he took every opportunity to say so. Cameron loved working in his garden and he was extremely proud of the tomatoes that he grew. He said he put them in his salad and that that salad was the best he ever tasted. He loved sporty cars and sometimes sent a picture looking extremely pleased with himself behind the wheel of a shiny red Ferrari.
He was shot in 2019 by thieves who tried to rob him of his watch, but that never stopped him from wearing it in the open again. Nobody was going to stop him from living the life he valued. But more than the material things in life, he loved his family the most. His wife Lisa, and his three children, Andrea, Emma and Thorne. I asked them if they wanted me to say
something on their behalf today. From his daughters Emma and Andrea:
We would firstly like to thank everybody for being here today for our dad, and those who over the past two months have looked out for us and comforted us after our dad passed away so suddenly. He would be proud of the respect that you have shown him and would have been honoured by your love and support, after all, he loved attention. Our dad was a fearless man. He feared nothing and lived his life as he darn well chose. His voice was loud and proud. His voice was strong in our ears and we hear it still.
He worked blood, sweat and tears to get where he came from to now in his life and he did it all himself with nothing handed to him. He was a proud man. A protector of what is right and we were also very proud of who he was as a father and as a human being. He loved life, he loved books, history, politics and people. He loved intelligence.
He loved making a difference in the world and most of all, he loved his family. He was only 60 years old, far too young to be taken from us. We will grieve him being
taken from us so suddenly, for the rest of our lives and trust his legacy will live on through us and all those who loved and appreciated him. He is forever in our minds and in our hearts. Until we meet again. Our daddy, we love you with all our hearts forever.
I quote his wife Lisa:
Losing my best friend, twin flame and love of my life has been difficult and heart breaking. I would like to thank everyone in the DA and in Parliament for all your kind words, thoughts and prayer. I hope that everyone in Parliament will continue to fight for a better life for all so that his legacy can continue to live through you. Thank you.
Cameron was apparently the 14th Member of Parliament to die from COVID-19. He went to hospital twice. After his first admission we spoke on video call. He looked rather dishevelled, but was in good spirits and we joked about how lazy he was for taking time off to go to hospital. He was subsequently discharged and later readmitted with COVID-19 pneumonia that caused his death.
Cameron was planning to spend a year in Thailand when his term ended and then retire to Inverness in Scotland, the ancestral home of the MacKenzie clan. I said I would visit him and we would have a wee dram at the pub in Drumnadrochit, a village nearby. When I next go, I will toast him there.
Scottish poet Thomas Campbell wrote: “To live in hearts we leave behind is not to die.” Cameron will live on in the hearts of his family, friends, colleagues and constituents. The DA is enormously grateful to Cameron for his dedication to his constituency, one of the top performers in Gauteng. Thank you Lisa, Andrea, Emma and Thorne for your sacrifice, as he served the people of South Africa. Know that his contribution to our evolving democracy will never be forgotten, and his legacy lives on. Rest in peace, Braveheart. Thank you.
Agreed to, members standing.
The HOUSE CHAIRPERSON (Mr M L D Ntombela): The Presiding Officers associate themselves with the motion. The condolences of the House will be conveyed to the MacKenzie family.
MOTION OF CONDOLENCE
(The late Boitumelo Joyce Maluleke)
The CHIEF WHIP OF THE MAJORITY PARTY: Deputy Speaker and hon members, special greetings to all as I move:
That the House –
(1) notes with great sadness the passing of the ANC Member of Parliament, Ms Boitumelo Joyce Maluleke, who succumbed to Covid-19-related complications on Friday, 16 July 2021;
(2) remembers that Maluleke began her political career as a Member of the Limpopo Provincial Legislature, serving as the Chairperson of the Portfolio Committee on Education until May 2014;
(3) further remembers that she became a Member of Parliament in 2015, serving on the Portfolio Committee on Cooperative Governance and Traditional Affairs and the Ad Hoc Committee on the Filling of Vacancies in the Commission for Gender Equality;
(4) recalls that at the time of her passing, she was serving as a Member in the Powers and Privileges Committee of Parliament, the Portfolio Committee on Women, Youth and People with Disabilities and the Portfolio Committee on Public Service and Administration;
(5) further recalls that she also played a critical role in the shortlisting and interviewing process of candidates for the National Youth Development Agency, NYDA;
(6) believes that Parliament has lost a dedicated member, a compassionate human being and a fierce gender activist who was committed to the advancement of an equal, just and democratic society; and
(7) notes that when she passed on Friday, the husband passed on, on Saturday
(8) conveys its heartfelt condolences to the two sons, Khulo and Dodo, the entire Maluleke family, friends and colleagues of Joyce Maluleke.
Thank you, Chair.
Mr M S MALATSI: Deputy Speaker, on behalf of the DA, let me begin by extending my condolences to the family of hon Maluleke, all her friends and the ANC caucus for your loss.
In politics there are people that you know for a short time, yet they leave a lasting impact on your life. For me, hon Maluleke was one of those people. We met for the first time at Polokwane Airport in 2015 while we were both queuing to board our flight to Johannesburg. Unbeknown to both of us at the time, we were also booked on the same flight to Cape Town where we ended up sitting next to each other.
I discovered during that trip that she was coming to Cape Town to join us as a fellow member of this House. Like so many of us who transition into this space, she was excited about serving in the National Assembly. She was equally anxious about spending a lot of time away from her children, grandchildren, and the great grandchild she loved dearly.
And as fate would have it, we were on the same flights between Cape Town and Polokwane on most Mondays and Fridays for the last five years until last year. So much that we developed a
friendship that blossomed when we both served in the Portfolio Committee on Public Service and Administration.
In a space where often the loudest voices get noticed more and the wildest steal headlines, voices of reason are often not heard enough. Mme or my old lady, as I always called her, was one of those voices of reason. I could never address her as Mam Joyce, as she tried to get me to, or Boitumelo out of respect to her seniority. So, she always welcomed it when I called her my old lady, and that, she was.
She was one of most gentle, kindest and caring colleagues that I have ever met from the benches of the ANC. She was always available to guide her colleagues like me, and I guess the teacher in her always stayed with her throughout – always a teacher.
One of my precious moments, my precious memories during our time in the portfolio committee was the advice she gave me when I had a rare moment of losing my cool during one of those meetings where officials were just not forthcoming with the answers. In that calm and comforting demeanour of hers, she said, my child, never allow officials to frustrate you to the extent that you lose who you are.
She wasn’t a politician of many words. Yet, whenever she had something to say, it was always profound and it would always stay with you. She was a perfect example that you can be persuasive without drama and achieve more through human connection.
To the hon Maluleke’s family, moreso her children and grandchildren, I cannot begin to imagine the weight of losing both parents within such a short space of time. May the Lord provide you with the consolation and comfort that you need.
But, may you also be proud that your mother dedicated her life to serving our country and making it a better place for all of us; and that she always taught us about humility. Regardless of how old or senior you are; she was always a humble colleague.
O robale ka kgotso ...
... my old lady. Thank you very much.
Ms R N KOMANE: Deputy Speaker, on behalf of the EFF, we want to send our heartfelt condolences to the family of Maluleke,
friends and her political party, the ANC. Her passing came as a serious shock to most of us. We, as the country, have felt the impact of the pandemic and continue to pray that this too shall pass.
As the portfolio committee, Parliament and South Africa, we have lost a humble, respectful and hard-working woman who never raised a voice or got emotional when handling difficult situations. With her, we differed politically but when it was time to do community work, she went beyond partisan politics and focused on the job at hand.
The pain endured by her family is very hard. It is tough to explain. This family has lost both parents in a space of two days, which is very devastating. As the EFF, we pray to the Almighty God to be with them and we say to her ...
... robala ka kagiso Mokone.
Thank you very much, Deputy Speaker.
Ms M D HLENGWA: Hon Deputy Speaker, let me greet all the families who lost their loved ones. Let me join all the nation and our colleagues in the ANC in the morning of the passing of one of hon Boitumelo Joyce Maluleke who succumbed to COVID-19- related complications on Friday, 16 July 2021.
Silahlekelwe thina yintokazi uthisha. Uthisha lo ohambile nakuba bekuthiwani nangendlela ebekhuluma ngayo bowuzwa ukuthi kukhuluma uthisha ke la. Nangendlela ebegqoka ngayo yingako wonke umuntu la ubedla ukotini ngoba bekunguthisha lo ezithanda.
Hon Malulekeke joined the National Assembly in 2015 as ANC Member of Parliament from Limpopo. During her time in the House she served in various in various Parliament portfolio committees, and I won’t mention hem, but I am going to mention my committee where she served, Women, Youth and Persons with Disabilities in the Presidency and the Powers and Privilege committee.
The Portfolio Committee on Women, Youth and Persons with Disabilities has lost. Sorry to the chairperson of the
committee on Women, Youth and Persons with Disabilities. She would always correct you that, chairperson, I am not Maluleka, but I am Maluleke. The South African Parliament has lost. It is nearing to be poorer - our Parliament.
Ngimema omama besifazane lapho kuANC ukuthi ake sihlale phansi njengomama sikhuluke, sibubule kuNkulunkulu simtshele ukuthi Nkosi sihlale sikhuluma lapha sithi sekwanele, sekwanele. [Enough is enough.] Njengamanje ake sinike uJehova bomama simtshele ukuthi sekwanele ngalesi sifo.
South Africans has lost over 80 000 lives to the pandemic and our Parliament has not been spared. Once again we have been robbed of a public representative whose commitment to serve her community and this country. She will be missed.
Hon Maluleke ... [Time expired.]
Umama uMaluleke akalale ngokuthula, alale ngoxolo.
Robala ka kgotso mme Maluleke.
Etlela hi ku rhula, Manana Maluleke.
Rest in peace!
Mr W W WESSELS: Hon Deputy Speaker, we express our heartfelt condolences with the family of Ms Maluleke. She was a caring and companionate Member of Parliament. She was dedicated to the upliftment of especially the youth to education and to development. She was hardworking and a loyal member of her party, the ANC. The words come to mind that the journey doesn’t end here. Death is just another path that we all must take.
On behalf of the FF Plus I express our sincere condolences to the family of Ms Maluleke and to the ANC who lost a loyal and dedicated member. I thank you.
Ms M E SUKERS: Hon Deputy Speaker, on behalf of the ACDP, I rise to express our sadness and extend comfort to the family
of hon Boitumelo Joyce Maluleke and to her political family, the ANC.
Hon Maluleke is hailed as a trusted leader of the ANC and as a committed public representative by those who served with her in committees. The loss of hon Maluleke will not be felt acutely in this House, but it will be felt in the place she called home where her presence as a mother resembled the warmth of the sun to her children. It is not her role as a leader in the Limpopo province or role in Parliament that will be her only legacy. It is her role as a mother, sister and friend that will leave the lasting memory.
At worker we are but workers. It is in the lasting bonds that define our lives that our memories will remain for eternity. Therefore, we want to say to her children and those close to her both at home and here in Parliament, may you know the comfort and reality of Jehovah-shammah - the Lord is near. In your brokenness may He bring you healing. May the seeds sown in your life through hon Maluleke become a tall tree that gives you shade in the harshest storms. May the memory of your parents bring you comfort. May you be strengthened to live a life that will bring them great honour. May God bless you!
Mr N L S KWANKWA: Deputy Speaker, on behalf of the UDM I would also like to take this opportunity to extend our deepest condolences to the Maluleke family, her close friends and her political party, the ANC on the passing. We are interacted personally with hon Maluleke formerly and in the House about a number of issues that affects South Africa as a country. We saw that hon Maluleke’s activeness and participation was not something that she started in Parliament. It was not something that she started in Parliament. She has always been active as she served several times in the Limpopo provincial legislature before she joined Parliament. She was a hardworking member, a gentle soul. She was one of the members of the ANC who would after seating caution me about some of the phrases I used jokingly when I refer to the ANC comrades in the House and caution me about ...
... athi ndizakubetha wena, uyadelela mntwanandini.
Every now and then she would be that kind of mother that would be willing to give you feedback when the debates and the inputs you have made in the House, especially matters that have to do with portfolio committees and the work of
Parliament that she was very passionate about. She would be willingly and readily give you feedback after the seating. Even taking you to the point of saying, maybe some of the suggestions that have been made by certain debates around the table across the political spectrum - things which need to be considered in crafting and developing a way forward.
I could not imagine what the family have gone through ...
... ngokuthi kusweleke umama notata ...
... at the same time.
Ndifuna ukuthi kubo, tutwini, akuhlahlanga lungehlanga, nithuthuzeleke. Makabenze uThixo baphumle ngonaphakade, abakhanyisele ngokhanyiso olungacimiyo. Siyabulela.
Ms T L MARAWU: Thank you very much, Chairperson, greetings to Maluleke family. Life is a greatest gift that God has given us. Death is only a bridge towards internal life with God. On
behalf of the ATM, we express our heartfelt condolences to the
family, friends and the political home, that’s the ANC.
We were so sad to hear about the loss of this committed servant of the people, a mother to the nation, a mother to her family, a grandmother to her grandchildren. As servant we used to put the people first, serve the people with humanity, a dedicated servant their passion in her work.
This House has lost an incredible life. She is gone from our sight but never from our hearts. To the family ...
... sithi abantwana mabaxole, umama usebenzile. Akuhlanga lungehlanga.
May her soul rest in internal peace. Thank you, Chairperson.
Ms C N NDABA: Thank you very much, Deputy Speaker, Chief Whip and Deputy Chief Whip, hon Members of Parliament, Ndondo, Tsepo and the Maluleke family.
Yiqiniso Mam’ uHlengwa ukuthi usis’ uJoyce ubewudla ukotini.
It is with immeasurable, emotional and devastation that I have to stand before you to speak about our fallen comrade and colleague, Comrade Joyce Boitumelo Maluleke. Comrade Maluleke was a comrade and an activist who held issues related to women, youth and persons with disabilities in high esteem.
Indeed, we have lost another revolutionary, fighter just as we were approaching Women’s Month. We considered sister Joyce Maluleke as a mentor, despite being a leader in the Portfolio Committee of Women, Youth and Persons with Disabilities. She had the humility, political intelligence to make relevant, impressive and substantive submissions for the development of the country in our oversight exercise over the various departments. Her dedication and determination to the work ethic was immeasurable. She asked informed questions commensurate to her experience in the political field. As a battle worn soldier, she did not desert us in times of trouble but guided us as her prodigies.
It is with a heavy heart and sombre mood that death reminds us of the weakness of the human being when we lose our loved
ones. It also reminds us that our life does not belong to us. Death has a devastating and stabbing pain on the physical and emotional being on us as the mortal beings. The uncontrollable pain is for the loss, which is hard to deal with and we wish it could never have happened. However, because life does not belong to us but to the Creator, we have to begrudgingly accept the Lords decision of the recall, hence we say the untimely death.
To us, the passing of Comrade Joyce was untimely as we have lost an activist and a fighter in a time where we need more activists as a country that are not afraid to speak truth and confront gender-based violence and femicide and all other socioeconomic challenges that are faced by women and youth. I know, fellow comrades and colleagues, that there are no words of comfort that will console you of the unbearable pain you are going through right now. Allow me to share the little that I know as a firm believer in Christ to strengthen each other in this time of dark cloud that had be fallen, the Maluleke family that St Paul reveals to the devastated because of the longing of the dearly departed. In 1 Thessalonians 4 verse 13 to 14 says, and I quote:
“But we do not want you to be uninformed, brothers and sisters, about those who have died, so that you may not grieve as others do who have no hope.
For since we believe that Jesus died and rose again, even
so, through Jesus, God will bring with him those who have
These words give us hope, despite the hopeless and bleak future cast on our way at the moment in our respective lives. The seeds that sister Joyce has sowed on us of nationalism, activism and developmental must resonate through the walls of Parliament, which was her shrine workplace in the twilight of her career. Hon Joyce Maluleke follows on the footsteps of the illustrious and departed ... [Inaudible.] ... who was also buried on the faithful day of sister Joyce’s passing. May they continue to be a guiding lustre in our committee in the execution of the people’s mandate in our nation and the global world.
It was hard for me to believe that sister Joyce passed to the world yonder because she left after the finalisation of our report of the National Youth Development Agency, NYDA, board appointment process, which was a rerun. Therefore, it will be
remiss of us if we as a committee do not see to finality the task she left us to complete. I must admit that death and decay are inevitable and part of this endless flow of life, but as something that seizes to exist in one form, it is reborn in another.
Because of this, we should have no fear of death and nor should we grieve a loss to such an extent that our life come to a halt. In order to ensure our growth from one form to another, however, we should strive for spiritual growth and understanding of the divine human relationship. In our interface in the legislature and political home we developed strong bones and organisational culture that remains indelible in our minds that we be forever cherished.
This understanding comes from emotion rather than from reason. Sister Joyce has passed the baton of this relay to us and her children. They should not destroy but protect and promote the beautiful legacy and reputation left by the deceased. We learned from her that mind has no gender because of her articulation when she participated in our portfolio.
In the past intelligence was associated with masculine label, therefore, I should urge you that her teachings and memories
must reverberate amongst us who have been touched by her. Sister Joyce departed in the middle of a vicious and a brutal pandemic that has ceased the world. Nevertheless, I am comforted that, she left with a clean conscious, that she has run her race to finish and left this share for others.
So in conclusion, on behalf of the ANC we will say farewell my comrade, my colleague, sister and friend. Our committee will never be the same without you. To the family, we pass our sincere condolences and we share internal rest in peace from the drudgery of human life. The nation appreciates your services, sister Joyce Boitumelo Maluleke.
Phumula sis’Joyce. Siyabonga.
Thank you very much. Thank you, Chief Whip for the support and Deputy Chief Whip. Thank you very much, Deputy Speaker.
The DEPUTY SPEAKER: Thank you very much, hon member. That conclude the speaker’s list on this matter. I take it that there are no objections to the motion being adopted. Will members please rise to observe a moment of silence in memory
of Ms B J Maluleke. Thank you, please be seated. The presiding officers associate ourselves with the motion. The condolences of the House will be conveyed to the Maluleke family.
MOTION OF CONDOLENCE
(The late Lulama Maxwell Ntshayisa)
Mr M P GALO: Deputy Speaker, I move without notice:
That the House –
(1) notes with sadness the passing of Mr Lulama Maxwell Ntshayisa in the preceding month of August;
(2) takes this rare moment to dip its revolutionary banner in honour of his unstinting commitment to the rule of law and the values underpinning our constitutional democracy;
(3) acknowledges that Mr Ntshayisa fulfilled his constitutional mandate within the rubric of the committees he served, which includes the
Portfolio Committee on Basic Education, the Portfolio Committee on Sports, Arts and Culture, the Portfolio Committee on Employment and Labour and the Portfolio Committee on Agriculture, Land Reform and Rural Development;
(4) remembers the parliamentary banter, the exciting rigour and vigour which Mr Ntshayisa brought to the Assembly and his passionate way of dealing with issues of accountability;
(5) recalls his enchanted spirit of giving, including his embrace of the communal value of Ubuntu; and
(6) conveys its deepest condolences to the Ntshayisa family and his friends including his colleagues in this National Assembly.
Ms N T MKHATSHWA: Hon Deputy Speaker, hon Chief Whip, we stand on behalf of the ANC in support of and in honouring the motion of remembrance and condolence of the late hon Lulama Maxwell Ntshayisa of the AIC.
Ngicela ukuqala ngokubingelela umndeni waka-Ntshayisa, MaDlamini, Athi, Phathiswa nomndeni wonke wakaNtshayisa mhlawumbe osijoyinile ...
... on other platforms.
Siyanibingelela. MaDlamini sihlangana namhlanje izinhliziyo zethu zisebuhlungu. Ukushonelwa ngubaba akusiyo into elula futhi akusiyo into ejwayelekayo kodwa MaDlamini sithemba ukuthi namhlanje njengoba amalungu ezokhuluma ngomsebenzi omule ubaba u-Ntshayisa awenzile. Mhlawumbe izinhliziyo zethu zizoba nokuthula njengoba sikhunjuzwa ukuthi ubaba u-Ntshayisa ubenothando, ewumuntu olungile ezimisele ngomsebenzi wakhe.
Futhi ewumuntu ofuna impilo engcono yabo bonke abantu baleli lizwe. Siyabonga mndeni waka-Ntshayisa ngokusipha ithuba lokusebenza naye. Njengoba ngibe la ngisebenze nobaba u- Ntshayisa eKomidini eliBhekene noMsebenzi woMnyango Wezemfundo Ephakeme, Ezesayensi Nemikhuba Emisha. Usebenze emakomidini amaningi njengoba kade sekushiwo kodwa nginesiqiniseko ukuthi
kuwo wonke lawo makomidi asebenze kuwo sonke singathi ubaba u- Ntshayisa ubekade ezimisele emsebenzini wakhe.
Sonke singathi ubaba u-Ntshayisa ubefika ekomidini uma ebengeke akwazi ukufika ubesho ukuthi ngeke akwazi ukufika hhayi nje ukuthi anyamalale. Sonke siyazi ukuthi ubaba u- Ntshayisa ebeya ekuvakasheni kokuqapha umsebenzi azibandakanye nabo bonke ababambiqhaza enzela ukuthi bazizwe engathi izwi nemibono yabo ibalulekile.
Futhi u-Radebe, Sotswebhu Omkhulu, bekuwumuntu oneqiniso. Wayengeke aphikise nje ...
... for the sake of opposing.
Uma umnyango kade wenze umsebenzi oncomekayo wayesho ukuthi, hhayi la nenze kahle. La usuphambuka khona ubesho ukuthi, hhayi lana seniyaphambuka. Uma sibheka nje amarekhodi ...
... of the Parliamentary Monitoring Group, PMG, just to recall factually, you know ...
... mhlawumbe umuntu angazama ukukhumbula nje ukuthi konje ubaba u-Ntshayisa ubethini ngakho siye sayobheka kwi ...
... PMG ...
... ukuthi ubethini kahle. Uma sibheka nje yonke into ebeyisho emakomidini ethu, into ekade ibaluleke kakhulu kuyena ukuthi imisebenzi enikezwa nguHulumeni wethu ifike ebantwini emakhaya. Uma sikhuluma ngamakolishi ama-TVET, ubefuna ama- TVET asemakhaya abe ...
... with adequate infrastructure.
Abe ne ...
... curriculum that will respond to the socioeconomic needs of this country.
Ubefuna ukuthi i-National Student Financial Aid Scheme, NSFAS, le ifike emakhaya. Ubefuna ukuthi senze isiqiniseko ukuthi, uyabo ...
... the current trend is that learners qualify for higher education, but once they have that matric, they maybe did not think they would be able to get into varsity, so they did not apply.
Ubaba u-Ntshayisa ubefuna senze isiqiniseko sineminyango nezikhungo ukuthi ...
... the learners know that there are these opportunities in higher education.
Uma sebengenile sebezifakile izicelo zezikhala zokufunda bathathwa, enye inkinga evelayo inkinga yezezimali zokufunda. Ubefuna ukuqinisekisa ukuthi leyo ngane uma isingenile kuleso
sikhungo ibakhona imali yokufunda. Ngakhoke ubefuna i-NSFAS iye emakhaya, iye emiphakathini ukuthi...
... our young people in this country must have access to higher education and training. Even when we look at the Department of Science and Innovation ...
... ubefuna ukwenza isiqiniseko sokuthi wonke lamathuba amahle aletha isasasa afike emakhaya.
These are only a few areas of interest that Mr Ntshayisa had. As a young person who was a Whip of the committee ...
... ngalesi sikhathi sisebenza nobaba u-Ntshayisa ...
... I must highlight that in an environment where we are dealing with ageism and sexism, to receive the kind of support one received from an elder like Mr Ntshayisa was much appreciated.
Ubaba u-Ntshayisa ubengibiza ngo-Whip [Sotswebhu] athi-Whip, ngithi, hhayi angiyena uSotswebhu wakho mina ngikuSotswebhu wengxenye ye-ANC yekomidi elibhekene nomsebenzi womnyango, athi, hhayi Mpesh, nawe uyi-Whip [Somtswebhu] yami. Sihleke- ke. Ubaba u-Ntshayisa ubeyithanda intsha eyibiza ngabashana, umhlonishwa u-Mananiso akekho namhlanje nathi kodwa ubebiza ngabashana bagcine bedingida ngezinto eziningi ezimayelana nemfundo ephakeme ...
... and what young people want in general. When we were in Matatiele, Chief Whip, there were three young ladies, MaRadebe, MaDlamini, who when we were leaving the home ... cemetery ...
... endleleni eya emathuneni bacela ukuthi ngibagibelise, ngakhoke ngabathatha.
In the car, we all spoke about how we all knew Mr Ntshayisa. Those young people were his students and they said that it was absolutely important that they were there to also bid farewell
to this great man. The young person, Deputy Minister, Nobuhle, the young person from the AIC who spoke on behalf of the young people of the AIC, the passionate way she spoke is testament to the fact that Mr Ntshayisa had great aspirations for the young people of this country. We have been robbed, Chief Whip, of a patriot and a committed servant of the people.
But for us today, as we remember him, Athi, is to make sure the legacy of your father lives on. To ensure that access to higher education becomes a lived reality for the young people of Matatiele and all small and rural towns of this country. To make sure that soccer and a myriad of other sports and extracurricular activities become a lived reality of young people in all of our schools so that they stop roaming the streets of our country aimlessly.
There is much more that we have to do to live the legacy of hon Ntshayisa. Today we must all recommit ourselves to seeing the aspirations that he had for this country coming to fruition. And this is a commitment that must not only be made by the AIC but must be made by all of us across the benches of this House. Again our sincerest condolences to the Ntshayisa family, to your friends, to the comrades of the AIC, to the colleagues that Mr Ntshayisa worked with.
We wish you all strength and fortitude but ...
... ke akukho nto. Iculo-244 lesonto lamaWeseli lithi, “Unabantu bakho, Nkosi, ngezikhathi zonke. Ubagcina, ubancede eendaweni zonke”. Makalale ngoxolo u-Radebe. Ngiyabonga, Sekela Somlomo.
Mr D BERGMAN: Thank you Deputy Speaker, in 2014, a few us found ourselves bundled into a committee room to meet the new team that would be the Portfolio Committee on Sport and Recreation. While everyone was worried about electing the chairperson, there was one man that was more concerned about who will be the deputy chairperson. And, of course he named himself the deputy chairperson and that would be his name for the whole term of office and that would be joke that would always be. So every time he walked into the room he would get the respect of the deputy chairperson, as he was affectionately known, Lulama Maxwell Ntshayisa.
This was a sense of humour of hon Ntshayisa, he knew when to get crossed and he knew when to laugh but more importantly, when things got very tense between parties in the committee, you could always count on him to break that tension, with his trade mark humour. On the other side sure if it was coincidence... [Inaudible.] ...
The DEPUTY SPEAKER: Hon Bergman, sorry hon member, please hon members mute your mics, please.
Mr D BERGMAN: Hon Ntshayisa I’m sure if it was coincidence for our true friendship that kept us always in the same vehicle together, our breakfast and dinners again I could always count on my friend for good company and a joke or laugh or two.
Hon Ntshayisa cared before he came to Parliament, because he was a teacher. As a teacher, he became a principal. He once told me how he got arrested, for trying to sneak pupils into the system so that they could get a better education. However, you could see his care exposed on the number of portfolios that sat in on. He will speak on many topics as if he was a full member on that committee.
His presence in Parliament, of course showed us how a small party could have such a big presence when in the individual, there was such a big personality. Hon Ntshayisa your presence on the precinct will be solely missed but you have served our country well my friend. Go well thank you.
Ms H O MKHALIPI: Thank very much hon Deputy Speaker, may I also switch off my video because of my connection Deputy Speake. Deputy Speaker, I would like to take this opportunity on behalf of the EFF to send our condolences to the caucus of the AIC and to Ntshayisa family, on passing of a down to earth leader, an activist and the Member of Parliament.
Umkhaya wami ilungu elihloniphekile uNtshayisa ...
Hon Ntshayisa, as known as a ...
Ubaba onobubele othanda abantu. Ilungu elihloniphekile uNtshayisa belinobuntu lithandwa yiwo wonke umuntu ...
That’s where we became very close with him. And all of us in the forum we were fond of him, Deputy Speaker, due to his positive mood all the time. In 2018, Deputy Speaker, the Chief Whip’s Forum took a study tour to Ghana and Britain, in one of the areas that we visited in Ghana, it was Ghana Slave Castle.
Lapho imimoya yaphakama sizwa izinhlungu.
... when were taken through how Africans were kept as slaves in Cape Coast Castle. Hon Ntshayisa says...
Ilungu elihloniphekile uNtshayisa lathi mkhaya lisho lingihlebela nizongifica emotweni ...
... I can’t take this anymore. The sad news of hon Ntshayisa’ s departure hon Deputy Speaker came as a shock to all of us. And indeed life is too short.
Sithi kumndeni kababa uNtshayisa duduzekani. Lala ngoxolo mkhaya wami, Radebe, Ntshayintshayi siyohlala sikukhumbula. Ngiyabonga Sekela Somlomo.
Thank you, Deputy Speaker.
Mr N SINGH: I greet the hon Deputy President, hon Ntshayisa, Radebe [Applause.] wherever you are my friend, we know you looking down upon us. And I start with that before greeting you, hon Deputy Speaker and colleagues. Because, we all remember with that with a very straight face, even if the President of the country and the Deputy President of the country were here. He will say, I am the deputy president, there our good friend sitting in the corner.
So we know you are still there, hon Ntshayisa. Hon colleagues what a friend we’ve lost. Particularly as hon Mkhaliphi had said, somebody who have served with us in the Chief Whip’s Forum. So much of humour, so much of vigour, the man from Matatiele. You know, whenever he stood up to speak, we used to say Matatiele. Whenever I went into a plane on an afternoon in Durban, at 17:3o flight to fly to Cape Town. I knew that hon Ntshayisa was in the plane because, as I would step in he
would say Gabisa that is my isithakazelo [clan name] because I belong to the Gabisa Family. Khawula Family from Umzumbe and that’s my nephew there, hon Hlengwa and my son [Laughter.]
He would always say Gabisa and say it proudly so. And I only learned today from hon Mkhatshwa that Radebe sithakazela [clan name] for hon Ntshayisa. I greet the family who are there in the gallery and everybody else in the AIC and all who knew our colleagues, who passed away quiet suddenly hon Chief Whip, because we were all communicating with him on a Chief Whip’s Forum WhatsApp Group that we have, and he said to us and you know we all got the messages:
I am feeling well, I am feeling fine, I’m a fighter. I
will be out soon.
Only to hear of his untimely passing. But that’s, as I said earlier on, is the way the Chief Architect, who plans the universe, does His thing over all of us. And as I said, I had the privilege hon Deputy Speaker, of serving with him as a chief whip. We recall pleasant memories of the time when we were in Ghana and the United Kingdom, UK.
He was a member who was committed in his own words and I quote:
To create awareness in Parliament, to provide solutions in the challenges.
And yes he did. I also had a privilege of working with him in 1994 and 1997 when I was Member of Executive Council, MEC, in KwaZulu-Natal when they came with Matatiele Group for Matatiele to be incorporated into KZN. And it was from that time we know him. On behalf of my leader and family, we want to offer our heartfelt condolences. May your soul my brother, rest in eternal peace, go well. I thank you.
Dr W J BOSHOFF: Hon Deputy Speaker, I find it an honour to have the opportunity to say something about the hon member Ntshayisa. If I could recall correctly, I would say that the first thing that comes into my mind is that the friendly gentleman in the front of the bus will not be there anymore as a daily commuter from Acacia Park to the parliamentary precinct. I always got on the bus when it was rather full and when the seat next to him was open I would ask “do you keep the seat for somebody?” Therefore, he would always say “yes, for you.” Then we would have some discussions which was not
easy because of the rumbling of the bus itself and also Stephen Grootes of the SA Frequency Modulation, SAFM, trying to inform us about what is happening in South Africa with a very high volume.
Even to this day I do not exactly understand the difference between the AIC and ANC although he tried to explain that to me. Also, hon Singh referred to the fact that whenever the Deputy President would stand up in Parliament, he would stand up in his ... [Inaudible.] ... saying “hon fellow Deputy President” and then proceeding with his own speech. He was an alternative member of the portfolio committee of which I’m a member for a long time. Therefore, I had only one oversight visit that we shared, and that was when we visited some higher education institutions around Gauteng at the beginning of 2020, just before the lockdown started. Yet, it was a long enough to know that he had always good humour and always good approach to looking for solutions.
When he joined the committee as a principle member we all realised that this would be the ... [Inaudible.] ... of the committee and of the contents being discussed within that committee. When our former Chairperson, hon Mapulane, who is now the Deputy Minister, informed us on the WhatsApp group
that Mr Ntshayisa is very ill and he is in the intensive care unit, ICU, it was very bad news. However, in some way one always thinks that you will see the person again and you will be in a position to discuss this horrible sin that has come over all of us.
In this case, we were later on informed that he was better and that he was recovering, and only to be shocked by the news that he has departed for a better life. Of course, we will all believe that it’s a better life and we should not be so sad, yet we are, because this better life is unknown to us and the only life that we really know is the present one - the one in which we grow to love people and that we know that there is a finality to death on which we cannot really respond in a rational way. To his family, wife and children, I sincerely and it could seem so easily to be artificially to say our sincere condolences, but that is exactly what we feel.
Therefore, there is a member of a small rural community I can associate with the work that the hon Ntshayisa has also done in and for his community of Matatiele. I thank you, and may the hon member rest in peace.
Mr S N SWART: Thank you, Deputy Speaker. Deputy Speaker, it’s
for the profound a deep sense of sadness that we are taking
this condolences motion as African Christian Democratic Party. The hon Ntshayisa represented the AIC in the National Assembly from 2014, and returned after the 2019 elections. During those terms he made very few contributions to the debates in the House. He was the Deputy President of the AIC. And I was, indeed, deeply shocked by his passing as he became a warm friend of mine over the years. In the Fifth Parliament we sat closed to one another in the House. And I also served with him in the Chief Whips Forum in the Sixth Parliament.
As the other member has ... [Inaudible.] ... referred to him when he put a question to the then Deputy President Ramaphosa emphasising as the deputy, he was putting a question to the deputy, and although this brought much ... [Inaudible.] ... in the House. Then Deputy President Ramaphosa accorded hon Ntshayisa the dignity due to him as the Deputy President of his party. So, it’s untimely death again in the ... [Inaudible.] ... the truth that life is short and uncertain like a mist and like vapour. There are no guarantees about tomorrow that next year ... [Inaudible.] ... five or 10 years, and severally we are shocked when we learn about his passing. Therefore, if we ignore the fact in this lesson about life being short, we will not live our life properly in the life to eternity. I remember so funny always the hon Ntshayisa
reaching us coming to chat to me and just the sense of love that he showed.
We need to make up clients and live our lives according to God’s commands and purposes, and to make sure that we spread love and we are on the right relationship with the Lord Jesus Christ and have repented of our sins. Again, life is short particularly at this time of Covid-19. Let us make sure that we emulate that hon Ntshayisa’s example of spreading love, forgiveness and reconciliation wherever we go. Our nation is desperate for this. The ACDP would like to extend its heartfelt and deepest condolences to his family, friends and members of the AIC. May they be comforted by the knowledge that he spread love wherever he went and may they be comforted by this knowledge as well as the heavenly father loves and comforts ... [Inaudible.] ... for looking into the update, hon members, who have passed ... [Inaudible.] ... duty. I thank you.
Mnu N L S KWANKWA: Sekela Somlomo, mandithathe eli thuba ndithi kumzi wakwaRhadebe umzi wakwaNtshayisa, tutwini, akuhlanga lungehlanga, kunje kuzo zonke iintlanga. Le COVID-19 isibela abantu abaninzi, hayi apha eMzantsi Afrika kuphela,
kodwa kwihlabathi lonke. Sihleli ethembeni ke lokuba uThixo uzakuliveza icebo
Ndifuna ukuthi kuwe Rhadebe, Ngelengele, Bhungane, Mthimkhulu, Ndlebentle’zombini, Makhulukhulu, Mafuz’afulele njengelifu lemvula, Mashwabada oshabwadel’inkomo neempondo zayo, Mbucwa, Zikode, phumla ngoxolo. Thina bantu basebenze nawe kule Palamente kule minyaka idlulileyo siyiqondile ukuba, bekuyinyhweba ukusebenza nawe njengoko ubuyinkokeli ethobekileyo enothando. Noxa ubumdala nje, ubukwazi ukumhlonipha nokummamela umntu omtsha.
Andizange nangemini enye njengokuba ndingumbhexeshi weqela elincinane, ndizive ndingahloniphekanga xa ndithetha nobhuti Rhadebe. Ebengomnye woobhuti apha ePalamente ebendiye ndiqonde ukuba ndiyathoba kubo ndimamele, sisebenzisane ngendlela.
Uwenzile umahluko uRhadebe ePalamente. Kufuneka kengoko thina bashiyeke ngasemva siqinisekise ukuba, abo baseMatatiele kunye naba balapha ePalamente, bathatha apho ayeke khona.
Ndifuna ukuthi kumama wekhaya wakwakhe, uZizi, uJama kaSjadu, uFakade, uLamyeni, uMtatela, uNgxib’inoboya, makalale ngenxeba asinguye yedwa olahlekelweyo. Makaphumle ngoxolo uRhadebe.
Nksz T L MARAWU: Enkosi kakhulu Sekela Somlomo. Mandibulise kusapho lukaTat’uNtshayisa, izihlobo nezalamane ndisithi, kufa ulutshaba, kufa awoneli, kodwa ke siphinde sithi uThixo akayenzi impazamo. Ngale mini yanamhlanje, siyi-ATM siphosa amazwi ovelwano kusapho lakwaNtshayisa nakwiqela i-AIC ngokubanzi. Siyi-ATM sithi, silahlekelwe kakhulu sesi sihlobo sethu kuba sithe sifika apha ePalamente yangoyena mntu usiqeqeshayo, esibonisa ukuba izinto zasePalamente zenziwa njani na. Simbonile phaya kwi ...
... Chief Whips’ Forum ...
... ukuba ubengumntu obezimisele kakhulu ukubamela abantu abameleyo bendawo yakhe nabantu boMzantsi Afrika. Ngamanye amaxesha ebelungiswa nguMbhexeshi oyiNtloko weQela eliLawulayo xa kubonakala ukuba intlanganiso le ufuna ukuyenza eyeqela i- AIC. Yonke loo nto ke kodwa ibisenzeka kumnandi. Simbonile lo mfo ezinikele ngolona hlobo. Njengoko bebabini ePalamente, ebeqinisekisa ukuba, iikomiti azinikiweyo nazijongisiweyo yi- AIC, ziyaxoxa ePalamente.
Sithi ke singulo mzi wasePalamente silahlekelwe kakhulu leli gqala, besisafuna ukuntsentsetha luloo vimba wakhe anawo.
Sithi kusapho lwakhe akuhlanga lungehlanga, mabaxole usebenzile utata. Sithi kuye ...
... rest in eternal peace Rhadebe. Enkosi [Thank you.]
Mr M G E HENDRICKS: Deputy Speaker, allow me to convey Al Jama-ah’s condolences to the relatives of the five Members of
Parliament that we lost. We are very sad, but we would like to tell them that not only did their loved ones make a tremendous contribution to Parliament, but by their presence as relatives today they have united the nation. On the eve of an election where Members of Parliament should be tearing at one another in order to impress their voters, and here we find today Members of Parliament united and this is a good shine for the forthcoming elections and for a peaceful elections and that is a legacy that these relatives are also living behind.
We would like to take the opportunity to speak on the motion of condolences on Mr Lulama Maxwell Ntshayisa of the AIC. Al Jama-ah extends its deepest sympathy to the family and friends of Mr Lulama of the African Independent Congress, the family
... [Inaudible.] ... and people should not just fold their arms and keep quiet that people elected, the government and interest of the people must be prioritised. We call on the AIC to continue with his believe and legacy of their leader. He will be remembered, most by myself, as whenever he saw me walking in the corridors of Parliament he would call out loudly “Al Jama-ah, Al Jama-ah”. He had a warm and friendly personality. He will be remembered as a dedicated public servant who prioritised the interests of the people. May the fun memories of him bring comfort to the family, friends and his colleagues during this time of bereavement. May his soul rest in peace! Therefore, let me honour by also doing what he did to make feel at home in Parliament. He would call out Al Jama-ah, Al Jama-ah. Therefore, I now call out AIC, AIC, AIC. Thank you very much, hon Deputy Speaker.
Mr M P GALO: Thank you very much, Deputy Speaker. Let me take this opportunity to thank this House ... [Interjections.]
The DEPUTY SPEAKER: Hon Galo, just one moment. Someone has switched his microphone on. Please, switch off your microphone. Is it Sokatsha, is it Mxolisa?
Mr M S SOKATSHA: Deputy Speaker, I switched it off. Deputy
Speaker, I’m sorry.
USEKELA SOMLOMO: Sukuthetha nathi ...
... just switch off baba, please man. Microphone please, switch off yours as well. Thank you very much. Hon Galo, please go ahead.
Mr M P GALO: Thank you, Deputy Speaker. On behalf of the African Independent Congress and the family, I want to take this opportunity to thank Parliament and to thank the Chief Whip of the Majority Party, uMama Majodina, or Pastor Majodina.
Ukuba ndikunika isihlonipho (title) esingesiso mama, uyakundixolela, kodwa ndakubona phaya ekhayeni ungumfundisi. Siyabulela mama.
USEKELA SOMLOMO: Tata uGalo, susa isifonyo sakho.
Mnu M P GALO: Sibulele ilungu elihloniphekileyo uKwankwa ... [Uwele-wele.]
The DEPUTY SPEAKER: Hon Galo, just take off your mask so that people can read your lips.
Mnu M P GALO: Sibulele ilungu elihloniphekileyo uKwankwa owayemele amaqela amancinci alapha ePalamente. Wafika kusapho wawenza umsebenzi awayewuthunywe ngamaqela amancinci apha ePalamente.
URhadebe ngumzala wam Mama uMajodina, kodwa ebendiqobisela esithi mandimbize malume, ndingenangxaki yaloo nto ke.
Silahlekelwe siyi-AIC. Silahlekelwe silusapho kuba kaloku xa ndingumtshana phaya kooRhadebe, ndililungu losapho, akunjalo? Siyayibulela kakhulu inkxaso yenu esuka lule Palamente, iNdlu yoWiso-mthetho yeSizwe.
Njengoko sele nditshilo, siyabulela kuwe Mbhexeshi Oyintloko weQela eliLawulayo nakwinkokeli ye-UDM. Nasenza siyi-AIC saziva sibakhulu. Siyabulela kakhulu. Enkosi, Sekela Somlomo.
MOTION OF CONDOLENCE
(The late Mthokozisi Nkululeko Nxumalo)
Mr N SINGH: Thank you, hon Deputy Speaker. Before I move the motion, may I thank the Presiding Officers, all Members of Parliament, and in particular, the Chief Whip of the Majority Party for the role she played in supporting the family of hon Nxumalo, and to all his colleagues who served in his committee for the messages of condolences, and the outpouring of love.
Deputy Speaker, I move without notice:
That the House—
(1) notes with deep sadness the sudden passing of Mr Mthokozisi Nkululeko Nxumalo, in a tragic car accident on Sunday night in Nongoma, on 1 August 2021;
(2) further notes that Mr Nxumalo, who was a leader, served as an IFP Member of Parliament in the National Assembly since 2019, and made an enormous
contribution, especially in the higher education sector;
(3) remembers that hon Nxumalo was an ardent voice for transformation and accountability while serving as a member in the Portfolio Committees on Higher Education, Science and Technology and Public Works, and previously, on the Portfolio Committee for Mineral Resources and Energy;
(4) recognises that hon Nxumalo was one of the youngest Members of Parliament, dedicated to improving the interests of the youth, and served the people of South Africa with passion, integrity and diligence;
(5) recalls that Mr Nxumalo served in many structures of the IFP and was elected as the IFP Youth Brigade National Chairperson in July 2019, and subsequently appointed as the IFP Deputy Chief Whip in this House in January 2021, after being elected to Parliament;
(6) further recalls that before joining Parliament, he also served as the President of the SA Democratic Student’s Movement, SADSM;
(7) acknowledges that Mr Nxumalo was highly valued by all in the IFP and colleagues in Parliament, and he will be deeply missed by the rank-and-file of the IFP;
(8) further acknowledges that Mr Nxumalo is survived by his fiancé, Ms Nozipho Mpungose, who is in the House today, his children, and the one is in the House, Thandolwethu, and as well as his other son, Qhawe, as well as his mother Ms Junerose Mkwanazi, who is also in the House with us today; and finally,
(9) conveys its heartfelt condolences to the entire Nxumalo family, friends, colleagues in the Youth Brigade and the IFP at large.
The DEPUTY SPEAKER: Hon members, before I call on hon Mahlaule, we will use her next. Let me conclude the motion by stating the obvious that as the Presiding Officers, associate ourselves with the motion, and that the condolences of the House will be conveyed to the Ntshayisa family. That been done, thank you. We now invite hon Mahlaule.
Mr M G MAHLAULE: Thank you very much, Deputy Speaker. Let me take this opportunity to acknowledge the family of the late hon Mthokozisi Nxumalo who are with us today.
Umama wakhe uNkosikazi Junerose Mkhwanazi ...
... the fiancé, Nozipho Mpungose, the daughter, Thandolwethu, and Qhawe the son, in absentia. As the ANC, we would like once again to offer our sincere condolences to the family, friends, colleagues and to the IFP. I want to say to the family, you gave your son to the service of the people of South Africa, and he did not disappoint you. It is very difficult to believe that he left the earth. Zwide, you were not just a colleague to many of us, but a brother.
I might not have known your parents well, but from how you showed up, both in speech and in your actions, you truly demonstrated that you were raised by great people. You were authentic and kind in every way. You put the service of our people above everything. The little time I spent with Zwide in these corridors of power, I have really observed a very different way of coexisting with Comrades of the IFP than in
my student days as an activist in Durban. Back then, it was as if the IFP and the ANC activists were told that, if they were to sit together and share a meal, a taboo would have been committed.
I remember when Zwide asked me a question, when are you fixing the ANC, our ANC?
Phela yi-ANC yethu le, hhayi lo msangano eniwenzayo.
He hastened reaching his phone to show me a video of the leader of the IFP, Prince Magosuthu Buthelezi, where he was saying that he loves the ANC and he belonged to the ANC. I hesitated to answer his earlier question because answering it would have necessitated that I ask him a more direct question. Now that the ANC has resolved its problem, must I offer a membership to you so that you join your beloved movement?
Zwide was a living example of the dictum that, dynamite comes in small packages. His voice commanded attention from the audience, his sharpness inspired the ear to listen, his reasoning challenged the brain to move with speed and his charisma ordered the audience to fetch a smile. I remember
when Zwide read a wrong speech here in Parliament, and we were laughing about it the other day. I asked him what was going on in his mind when he realised that he read a wrong speech. He said to me, I never thought that I will come back from that, but here I am, I did, and it made me stronger.
As Nelson Mandela would say: “Do not judge me by my successes,
judge me by how many times I fell down and got back up again.”
Zwide chose to get up after falling, and became one of the champions of youth development in the country. When the IFP
decided to make him the Deputy Chief Whip of the party in the National Assembly, he understood the burden he then had to
carry, yes hon Hlengwa, the burden of servant leadership filled with doubt, and yes he asked.
He asked because he was teachable, he asked because he was young and he was afraid to make mistakes. But he made mistakes
and learned from them, that is what young people should do. They must make mistakes, and learn from their mistakes. He
carried the task bestowed upon him with utmost professionalism. He was a leader par excellence. Mzala, as he would affectionately refer to us, it is difficult to get someone like you in this political environment, someone who
will blend well with officials of Parliament, irrespective of their race, gender or political affiliation.
You did not pluck your MP status on your forehead to command respect. I can attest to your passion of youth development in
this country, and you were deployed in Parliament for a
reason. I also believe that all you have invested to the young people in this country will bear fruits. Your legacy lives on.
You were the people’s person. Such people never die, they live
on through those that they have spent time with. Mzala, now
it’s time to rest. I know what humanity is, all because of you; I know what courage is, all because of you; I know what
kindness is, and it’s because of you. Continue to rest ...
Zwide kaLanga, Ndwandwe, Mkhatshwa!
I thank you.
Ms S J GRAHAM: Deputy Speaker, the advent of COVID-19 with just over 80 000 deaths in the past 18 months has meant that every single one of us has been touched by the death of a
loved one, friend or colleague. As you know, this is the fifth condolence motion for today. Five of our colleagues are gone.
While no death is any sadder or greater loss than another, it is just so tragic that in the middle of the pandemic, we are faced with the death of a young man with so much promise and potential from a motor vehicle accident.
How do you offer condolences and comfort to family, friends and colleagues of someone when you too are grieving? You stop grieving. Thornton Wilder, an American writer and playwright said: “The highest tribute to the dead is not grief but gratitude.” Today I get to express my gratitude for the life of hon Mthokozisi Nkululeko Nxumalo both personally and on behalf of the DA.
I will never forget the first time I met hon Nxumalo. It was our very 1st committee meeting on the Portfolio Committee on Public Works and Infrastructure shortly after we have all been sworn in 2019. Many of us were brand new Members of Parliament and excited about being part of this amazing institution. We were asked to introduce ourselves to the committee. When it got to hon Nxumalo, we were all absolutely shocked at this
rich, deep, and baritone voice emanating from the slight young man.
In line with his wonderful sense of humour, he laughed with us. Clearly, used ... [Inaudible.] ... committee. He was a hard worker and incisive in probing questions. He past work experience gave him great insight into the machinations of Public Works.
I am grateful that I got to work with someone so invested in making his mark by making a difference.
During our oversight visit to Beit Bridge last year, I got to spend some time with him and hon Hlengwa, one afternoon. It remains one of my favourite moments since coming to Parliament, as I got to know these two exceptional young men who shared such a deep bond of friendship. I cannot begin to imagine the depths of sadness felt by hon Hlengwa as he comes to terms with the loss of his friend.
I am so grateful that I got to witness a relationship built on mutual trust and respect, in an environment that often is the antithesis of these qualities.
Hon Nxumalo was an exceptional ambassador of his political party. He was not only a proud member of the IFP, but he embodied the ethos of the party, founded in the spirit of Ubuntu. He had the ability to engage equally with everyone he encountered and his ready smile was hard to resist. He was equal charm and equal ambition – an absolutely devastating combination in politics. He forged deep bonds with people and none more so than his colleagues in the IFP who he admired so greatly. Hon Van der Merwe, I know your heart is broken with his passing.
I am so grateful that I could witness hon Nxumalo’s passion
for his party and admiration of his colleagues.
Mark Twain said that: “The fear of death follows from the fear of life. A man who lives fully is prepared to die at any time.” Hon Nxumalo exuded a passion for life and for living.
He packed more into his short life than many are able to in lifetimes twice as long. He grabbed every opportunity and embraced each new challenge with enthusiasm and a “can do” attitude.
I am so grateful that I got to be a small part of a life well- lived, no matter how short.
To his family, thank you for sharing hon Nxumalo with all of us. We know and understand the immense sacrifices made by the loved ones of politicians. The long absences, the chaos of elections, and the many highs and lows of a political career that impact on the fortunes of a family. Please know that in his short life, he made a tremendous difference and accomplished so much. He attained the pinnacle of student politics. He was one of the youngest MPs in the 6th Parliament and he was Deputy Chief Whip of the IFP. These are individually great accomplishments. He achieved them all and more. And through it all, he remained grounded and humble.
Your terrible loss is felt by us all.
I am so grateful that I get to grieve his death, because it meant that I valued his life. Thomas Campbell, a Scottish poet said: “To live in hearts we leave behind is not to die.” Rest softly young man. You live on in our hearts. And you are greatly missed. I thank you.
Mr S TAMBO: Thank you very much, Deputy Speaker, the EFF sends its condolences to the IFP on the passing of a committed leader and Member of Parliament, Comrade Mthokozisi Nxumalo.
Nxumalo was a dedicated servant of our people, who never the missed the opportunity to confront the ill-treatment of students and injustices that determined their lives.
As a peer and one of the few young Members of Parliament, and as the national youth chairperson of the Inkatha youth brigade, Nxumalo represented a new generation of leadership in an organisation that played a critical role in our liberation struggle.
It is truly a great loss, not only the political party he represented, but to a collective generation of young people who saw themselves in a young village boy who ascended to the heights of legislative governance that so many shed their blood for.
The EFF mourns with the family, friends and colleagues of Nxumalo, and we wish that his soul rest in revolutionary peace, and that all of those who have lost, find comfort in this trying difficult time. I thank you.
Mr P A VAN STADEN: Hon Deputy Speaker, on Monday, 2nd August, we received a very sad and shocking message of the tragic passing of member Nxumalo of the IFP.
This very young politician and an upcoming star in South African politics was elected to Parliament with the rest of our freshmen group in 2019 and since the start of this term, he has made an enormous, not only contribution, but impact on the debates in this House, in the Portfolio Committee on Public Works and Infrastructure, and in other committees where he served across South Africa.
I had tremendous respect for him because he believed in the values he stood for and did not deviate from his views. In my view, he would have probably, in the near future, become one of the next great leaders of the IFP.
His life can be described as adventurous as he was one of the youngest Members of Parliament and served South Africa with integrity and passion and that is the reason why I had the greatest of respect for him. For his passion to serve South Africa, that is what is needed and expected from all of us today. Many politicians and hon members who are sitting here today, can learn a chapter or two out of member Nxumalo’s book.
On behalf of the FFPlus, I would like to convey our heartfelt condolences on the passing of member Nxumalo to his fiancé,
his children, his family, his colleagues and also to the IFP. The loss of a great rising star in South African politics and a great rising leader is certainly being experienced.
May God comfort you in these difficult times, may God heal your hearts and wipe away your tears. May God protect you and may member Nxumalo’ spirit and the great work he has done be felt and see across the landscape of South Africa for many years to come. Go well, colleague. Thank you and we will miss you. Thank you, Deputy Speaker.
Ms M E SUKERS: Deputy Speaker, the words that I would read are not mine but that of the Deputy President of the ACDP.
At the outset and on behalf of ACDP President, Rev Dr Kenneth Meshoe, our leadership and members, allow me to convey our sincere condolences and prayers, firstly, to the family of the late hon Mthokozisi Nxumalo and also to the founder and President of the IFP, hon Prince Mangosuthu Buthelezi, and the broader family of the IFP.
My first encounter with hon Nxumalo was in my inaugural public works and infrastructure committee meeting. I did not see him
because he was sitting behind me. But when he spoke we all heard that unusually deep baritone voice for such a young man.
If anyone missed the content of any of his speeches and they were never without substance, you were compelled to sit up and take note of the face behind the voice.
My second encounter with hon Nxumalo took place at O R Tambo International Airport. We were on our way to an oversight in Gauteng and our transport was delayed for some two hours.
Waiting at the airport bus terminal we exchanged pleasantries and then shared about our political involvement in our respective parties as well as our private career development.
Clearly, hon Nxumalo was a committed member of his political party, of which he spoke with such fondness and proudly.
What certainly stood out was his passion for young people and his desire to see them break the shackles of limitations that may have been placed on them by circumstances.
On hearing of the news of Nxumalo’s passing, our public works
and infrastructure committee members all expressed their
sadness, shock and disbelief. This was so because of, in my opinion, his political maturity and his ability to debate, to
interrogate and meaningfully contribute to the political discourse. We were so deeply saddened because he was a rising political star with a life full of potential and possibility.
Recently during the covid period and with Parliament using the hybrid system for meetings, he showed his value and political prowess covering numerous committees and speaking with confidence on behalf of his party and fellow who were able to attend.
Finally, allow me encourage all family, relatives, friends and colleagues with one of my favourite scriptures in
Finally, brethren, whatever things are true, whatever things are noble, whatever things are just, whatever things are pure, whatever things are lovely, whatever is of a good report, if there’s any virtue, if there’s anything praiseworthy, meditate on these.
May the family, friends and colleagues of hon Nxumalo meditate and remember his noble, just and pure characteristics. Those aspects of his life that were of a good report; virtuous and praiseworthy. These memories [Time expired] we will always keep in our hearts.
Hamba kahle lungu elihloniphekile Nxumalo.
Mr N L S KWANKWA: Hon Deputy Speaker, firstly, I would like to take this opportunity ... I think it’s important for us to publicly credit and compliment the Chief Whip of the Majority Party for the sterling leadership role she plays whenever a Member of Parliament, MP, is lost or passes away; it does not matter whether the Member of Parliament is in the ANC or in the opposition, she treats the loss the same way. Thank you, thank you kakhulu [very much], Thole, keep up the good work.
As a young leader myself, who has worked very closely with young Members of Parliament, I was deeply shocked and saddened when I learnt of the passing, the untimely death of hon Nxumalo.
I’ve worked with hon Nxumalo in Parliament; we sit in our own
corner there and we discuss strategies before debates.
In fact, I want to share with the House my experience. When I spoke to him we were whispering; before he made his maiden speech in Parliament, we were whispering so I could not get the sense of how big his voice was. So, we were whispering and I wished him luck and he told me what line he was going to take in the debate as party, their position; so, I wished him luck and he went to the podium. When he went to the podium I was shocked to hear how deep his voice was and the amount of baritone he had. I thought there was Barry White, as I think hon Hope Papo once called him, Barry White in the House.
But later on I would tease him and call him Gonondo omkhulu, there was a story on uMhlobo Wenene called Gonondo omkhulu owanelizwi elikhulu. I would tease him about uGonondo omkhulu and we’d share jokes about these issues.
As a result, when I received the message and I shared in the group of young leaders, the youth of UDM, they were all shocked and the reaction was: No, no, Zwide, you promised to lead with us, you promised to help us change the status quo, how can you leave us so soon and so sudden?
And I share those sentiments because whenever there is a young person who joins the ranks of political parties in Parliament, it doesn’t matter whether the person is in the governing party, opposition, as long as there’s a young person, you are excited. Because to us we see a community of leaders that in the next couple of years we are going to able to lead with and take the country forward.
He was passionate about higher education, he was passionate about youth development issues, those are the issues that we used to sit at the back and talk about all the time. Even when we participated in media debates about a number of topics, we would share notes about issues that we wanted to strengthen our arguments on, and he would also not shy away from having robust discussions in issues where we disagreed.
Gabisa, the IFP ...
... sithi tuwini kuni, akuhlanga lungehlanga.
To even the hon Prince ...
... uTata uMangosuthu Buthelezi nesikokhelo sonke se-IFP ...
... and the Nxumalo family, we want to express our deepest condolences ...
... sithi tutwini, akuhlanga lungehlanga. Thuthuzelekani mawethu.
The MINISTER OF PUBLIC WORKS AND INFRASTRUCTURE: Good
afternoon Deputy Speaker and hon members, on behalf myself and Good party we learned with sadness the sudden and untimely passing of Mthokozisi Nxumalo, at the tender age of 32.
I want to extend our condolences to his mother, Junerose Mkhwanazi, his fiancé and two children, and also his extended IFP family, including our statesman, Prince Buthelezi.
His death came as a loss for youth politics and leadership in our country. He was a young, vibrant leader, something that our country needs so desperately. He was a young man of integrity and he was also the youngest member the IFP in
Parliament. I’m sure that as a party you will be internally
grateful for his contribution.
He also served on the Portfolio Committee on Public Works and Infrastructure; and it’s there where I learned to know this young man. He asked difficult questions, probing questions, didn’t just accept any answer, always willing to debate and very passionate about the portfolio. He always fought to empower young people and stand up for the marginalised in our country.
It is so sad that a young, bright, dedicated politician had to pass on. But life is sometimes very, very tough and I can certainly feel the pain of the family and thank the family for sharing this young man with our country.
Hon Deputy Speaker, just lastly, I also want to express my condolences to all the families in the gallery today of all the Members of Parliament who have passed on and may God bless them.
And may his soul rest in peace. Hamba kahle my brother. Thank you very much.
Ms T L MARAWU: Deputy Speaker, greetings to the Nxumalo family.
I would like, Deputy Speaker, to add my voice to what the UDM speaker alluded to, to thank the Chief Whip of the Majority Party.
... uhlale unjalo Thole, unelobele lomntu wonke, usisikhukukazi, kuthi xa kumnyama ukhanyise.
ATM sends heartless condolences to the family, friends and his political home, which is IFP. We are saying: It is not a loss to his family or IFP, it is the loss to South Africa, to young people and the loss to this House.
A hero has fallen, a committed leader, an activist, we have lost an energetic young blood. Dedication to his work was unbelievable.
His credentials, Deputy Speaker, are showing that he was committed to change the lives of the poor of this country and to change the lives of the young people of this country.
To the family ...
... sithi akuhlanga lungehlanga, siyayazi ukuba inxeba linzulu. Singabantu abamnyama, singabantu abakholwa kukumnyanga umntu, simseze amayeza side sixole simncame. Ingozi iye ingamkeleki, kodwa akufuneki silibale ukuba nguye onikayo, ikwanguye othabathayo. Kwakutshiwo ezibhalweni ukuthi siyakufa ngokufa. Mabaxole, balale ngenxeba.
May his soul rest in eternal peace. Thank you, Deputy Speaker.
Mr M HLENGWA: Hon Deputy Speaker and hon colleagues, I stand here today to speak on behalf of the IFP to express our sorrow at the profound loss we have suffered as a party and as a nation, and I’m here to honour a member of this House, a national leader, a patriot and my friend.
Yet, I am aware that my time will keep returning to the words of a bereaved friend, for whom to go was that, to me above all else. He taught me friendship and instilled in me the value of brotherhood. As I stand here today without him I’m poorer in his absence.
It is hard to speak of Mthoko in the past tense because that should be a distant reality for the young. But ... [Inaudible.] here we are, bereaved but proud of a man whom we celebrate as a colleague, leader, son, fiancé, father, friend, comrade, activist and servant of the people.
We mourn the loss of the hon Mthokozisi Nkululeko Muzi Nxumalo, uZwide obovu [clang name].
Death has robbed us of a future that we all believed in. as young as Zwide was, we knew that he had a great future; for as young as he was, he had already created a legacy.
Mthoko responded to the calling of service as a student at the Mangosuthu University of Technology and never looked back until he was called by death to higher service.
He led SA Democratic Student Movement, SADESMO, as president with distinction, energy and vigour. And when he joined the ranks of the IFP youth brigade it was inevitable that he would lead it in its highest office. I dare say Mthoko was well poised to one day become the IFP president.
He never disappointed our hopes and expectations, and we could always rely on his leadership. Indeed, serving leadership, the highest calling in serving the people was the hallmark of Zwide’s life.
He was principled in his convictions, preferring to do what was right rather than what was popular. Yet, those very principles ensured his popularity amongst many.
He held true to the belief that differences are an opportunity to learn and to teach.
When he joined this august House two years ago, he understood that we are called to serve the people and he conducted himself according to the teachings of our mentor, the hon Prince Mangosuthu Buthelezi, who said “We must be constructive in our opposition and be able to disagree without being disagreeable.”
Zwide was of pure heart and he was brave; he was a good man. His hearty love lit up rooms and his baritone voice asserted his authority. He reminded us that, truly, dynamites come in small packages.
For hon Nxumalo the prestige of office and the trappings of power held little consequence; what mattered to him was responsibility and the fulfilment of responsibility. He had the unique ability to do the right thing at the right time, for the right reasons. Indeed, he would do a thing for no other reason than that it was the right thing to do. Zwide was matured beyond his years.
He has left us at a time when we needed him the most and now the future will long for him.
He was the leader of integrity and the voice of reason. His
... [Inaudible.] ... critic with hard work and vindicated his supporters with hard work.
He loved the IFP and South Africa, and when he was called upon to serve he said ‘Yes’ emphatically notwithstanding the burdens of leadership.
And I want to reiterate, when in doubt he asked, because he was teachable. Something rare in today’s politics. He was teachable because he was principled and subscribed to the notion that he as a leader must at all times be true to his sense of humility.
Our love and thoughts and prayers in this long hour of grief are more for uMa’Mkhwanazi and her family who, two years ago, sat in that gallery of this House beaming with pride as Zwide was sworn-in as an MP standing right here. Today she sits up there in mourning.
Ma, we stand with you and family until the end of time. Mthoko did you proud. And we thank you for raising him so well that he lived a life with the greater good service to the people.
Sis’Nozipho, words are not enough to comfort you but may the times and memories you shared with your sthandwasakho [lover] over 14 years ...
... Eyi ngoba nakuqala kudala ukuganga.
... carry you every day. And thank you so much for having loved my friend so perfectly and so completely. You made him happy, you made him whole and your unwavering support in all that he did sustained him.
Thandolwethu and Qhawe ...
... zingane zami ...
... your dad loved you and held you in the highest regard. He was a proud dad and he has left you a legacy worthy to emulate. And I’m sure he misses you as much as you miss him.
This morning uThando walked into her dad’s office and sat in
his chair and said ...
... Ngiyabuya njengelungu lePhalamende.
... as an MP.
I would like, Deputy Speaker, to thank you; and the presiding officers, siyabonga [thank you]. Chief Whip, thank you. All the three committees, thank you. Colleagues, thank you. And to all members of this House ...
UNkulunkulu womusa anigcine, anithande, anihlenge, anilondoloze. Enikwenze kithi nikwenze nakwabanye.
In conclusion ...
... Zwide mfowethu, mzala, nkunzi, mntanami ...
... my friend, rest in God’s perfect peace ...
... sizobonana ekuseni.
The DEPUTY SPEAKER: Hon members, that concludes the speakers’ list. I take it that there are no objections in the motion being adopted.
Will members please rise to observe the moment of silence in memory of Mr M N Nxumalo.
As presiding officers, we associate ourselves with the motion. The condolences of the House will be conveyed to the Nxumalo family.
Hon members, I have been requested by the Chief Whips that all family members, up there in the gallery, and Chief Whips present here to join Chief Whip Pemmy Majodina in the second floor restaurant. There will be people out there to guide you, I assume.
Hon members, the sitting is suspended. The bells will be rung to invite you back. Thank you very much.
BUSINESS SUSPENDED AT 12:45 AND RESUMED AT 14:00.
CONSIDERATION OF REQUEST FOR PERMISSION IN TERMS OF RULE 286(4)(C) TO INQUIRE INTO AMENDING OTHER PROVISIONS OF SECTIONAL TITLES ACT, 1986
There was no debate.
Question put: That the Portfolio Committee on Agriculture, Land Reform and Rural Development be granted permission to
inquire into amending other provisions of Sectional Titles Act, 1986 (Act No 95 of 1986) in terms of Rule 286(4)(c).
Permission accordingly granted to the Portfolio Committee on Agriculture, Land Reform and Rural Development to inquire into amending other provisions of Sectional Titles Act, 1986 (Act No 95 of 1986) in terms of Rule 286(4)(c)
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON EMPLOYMENT AND LABOUR ON COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES AMENDMENT BILL
There was no debate.
The Chief Whip of the Majority Party moved: That the Report be adopted.
Motion agreed to.
Report accordingly adopted
COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES AMENDMENT BILL
(Second Reading debate)
The MINISTER OF EMPLOYMENT AND LABOUR: Hon Deputy Speaker and hon members, the most significant amendment proposed to the Act, are to add provisions regulating firstly the inclusion of domestic workers under the categories of employees for purposes of benefits in terms of the Act. The rehabilitation and reintegration framework of the injured employees back into the workplace. The healthcare services and improvement of the mechanisms for monitoring and enforcement of the Act. The original Act expressly excludes domestic workers from the category of employees for purposes of benefits under this Act.
In conformity with the international labour standards, the Bill removes this exclusion. Domestic employers will be required to register in accordance with the provision of the Act. The rehabilitation, reintegration and return to work programmes as outlined in the new chapter, shall be implemented by all employers. This means that an employer will have to exhaust all rehabilitation and reintegration processes before laying off an employee.
The Bill provides ... [Inaudible.] ... to employers who participate in the rehabilitation programme in order to
encourage their participation. There are a number of technical amendments designed to address anomalies and strengthen the governments of the fund. Some of the most important includes the definition to clarify who is the employer liable in case where there is a contractor or a sub-contractor. The Bill once signed into law will no longer consider negligence on the part of the employee in accepting liability and assessment of the disability. The Bill deals with operations of the board and provides for an independent known voting Chair.
The Bill specifies the financial responsibilities of the commissioner. The Bill allows for the use of licenses. This removes the monopoly enjoyed by the Rand Mutual Assurance Company Limited and the Federated Employers Mutual Assurance Company (Pty) Ltd. Any legal person carrying the business of the financial services, will be eligible to apply for a license. The Bill provides for exceptional cases whereby beneficiaries cannot manage their own affairs. Section 36 of the Act has been amended to exempt the Road Accident Fund as the third party for purposes of recovery of damages.
The Bill proposes that temporary total disablement will expire when the employee is declared medically fit to resume work upon which he or she was employed at the time of the accident
or occupational disease or resumes any other work at the same time or greater earnings. The Bill clarifies that the fund will only be responsible for payment of benefits to the dependents of the deceased employee, if death results from occupational disease or accident.
Prosecution of employers who fail to report occupational disease which was not working has been replaced by imposition of a fine of 10% of the declared annual earnings of the non- compliant employer. A challenge will be at currently is the scope of the medical advisory panels, which is limited to the occupational diseases only. This has been amended to broaden the scope of the medical advisory panel to include occupational injuries.
The Bill expressly provides for the reopening of claims after the claim has been finalised and there is a need for further medical treatment or procedures to be performed. The amendment seeks to expand the scope of consultation to include all healthcare organisations registered with their respective bodies in order to ensure full compliance with the Act.
Provision is made for the appointment of the inspectors who will have powers to inspect an issue compliance orders which
will eventually be made orders of the court. The Bill empowers the Minister to make regulations with regard to the amendments contained in this Bill. Thank you, Deputy Speaker.
Ms M L DUNJWA: Good afternoon Deputy Speaker, Members of Parliament, Ministers that are in the House and on virtual, Deputy Ministers
... bahlali boMzantsi Afrika nabasebenzi ngokupheleleyo.
Chair, firstly I stand here to say to the House that, the Bill was introduced to the to Parliament on 10 September. We were briefed on the 14th by the department. The adverts were circulated on 14 to 17 January 2021. The closing date of those was the 19th, extended to 05 March 2021.
This Compensation of Occupational Injuries and Diseases Bill was enacted in 1993 to give effect to section 27 of the Constitution. Section 27(1)(c) makes provision for everyone to have the right to access social security including if they are unable to support themselves and their dependants.
This amendment to Compensation of Occupational Injuries and Diseases Act, Coida was necessitated by amongst others, the High Court of South Africa ruling of 2019, the Mahlangu Order of the High Court which declared the subsection of section 1 of Coida to be unconstitutional and invalid to the extent that, it excluded domestic workers employed in private households from definition of employee. The court declared that, this subsection be removed from section 1 of Coida. This amendment was most welcome by most stakeholders and we commend the department from ensuring that, that happened.
The other key amendment seeks to stop the practise of service providers ... [Inaudible] ... their right to medical claims to third parties. This is the area where we had a very huge contestation in the committee because, some other members of the committee were more concerned about third parties ...
... bengazixakekisanga ngokuba abasebenzi xa bathe bonzakala emsebenzini bafumana malini. Ingxaki abathe banayo kakhulu kukuba, aba bantu kuthiwa mabagcwalise amaxwebhu bamele ukuthini bona kwaye bafumana malini. Loo nto yenze ukuba kube khona ukukrixiza kakhulu, kodwa amalungu aza kuyicacisa ukuba kwenzeke ntoni na emva koko.
Clause 1 of the amended section 15 seeks to recognise the life partner and other forms of marriages. The amendment of section
15 seeks to limit the age of a child who is able to claim dependants’ benefits to 25 years if the child is still receiving tertiary education, and to also recognise stepchildren and children born out of wedlock.
Section 119(5) which excluded the domestic employee as we have said, employed as such in a private household. This is very important ...
... bantu baseMzantsi Afrika kuba kaloku sakukhumbula ukuba, sisonke silapha nje sinabo abo bantu basincedisayo ezindlwini kwaye lo mthetho ubungabathathi njengabasebenzi. Yiyo loo nto iNkundla ePhakamileyo yathi yanyanzelisa. Siyacela ke bahlali abaphangela ezindlwini zethu, abayaziyo ukuba xa ethe wahamba waya kundixela, ndizakumgxotha, sicela ukuba baphakame bangoyiki ngokoyikiswa kuba kaloku lo mthetho uzama ukulungisa loo ngxaki.
Siyazicela ke iimbono, kwabo basebenzi bathi bajonge bagxininise ukubeni abasebenzi aba besebenza ezindlwini zethu,
baphetheke njani na. Siyabacela ke ukuba badibane babe yimbumba, kuba kaloku abasebenzi abasebenza ezindlwini zethu, ixesha elininzi bebengaphathekanga kakuhle. Ndithi mandiyigxininise loo nto Sekela Somlomo. Lo mthetho ke ngokwamakhumsha, ...
... is liberating them. Clause 18 seeks to amend section 36 of the Act so as to exclude employees who are involved in an accident on the road, not arising out of work employment and at the time of the accident from claiming from the Compensation Fund. These employees will be entitled to claim from the Road Accident Fund.
Nantsi ke into ebalulekileyo ekufanele ukuba siyithethe apha, ngamandla kwaba bangasekhohlo kum, ukuba ngaba uthathe imoto apha ePalamente usuka apha emsebenzini ugoduka waza wenzakala, kufuneka ufake ibango. Lo mthetho ke uthi, kufuneka ibe sisithuthi osilungiselelwe ngumqashi wakho ukuze xa ugqiba umsebenzi wakho, sikugoduse. Ukuba yi-Uber oziqashele yona ikuba ikugoduse, uyakufaka ibango lakho kwi ...
... Road Accident Fund.
Sithi ke sizenzile zonke izinto ebekufanelekile ukuba sizenze. Bazile abantu kwi ...
... what is called public hearings, oral and written. All stakeholders were represented from workers’ leaders, employers and other stakeholders. We hope that, this House will adopt these amendments because these amendments are very important, amendments that are to ensure that the social conditions of our people are changed. In particular Minister, we want to make emphasis ...
... maLungu ePalamente nabantu boMzantsi Afrika ukuba ...
... domestic workers, this time around have been recognised after years of being exploited.
Ndithi ke mandime apha kwaye ndibulele nabo bathe basixhasa ekomitini kunye nabo bathe abavumelana nathi. Manditsho ukuthi bekungekho lula, kakade akusoze kubelula xa kutshintsha ubomi babantu ababesoloko becinezelekile. Siyabulela.
Mr M BARGRAIM: Deputy Speaker, it needs to be stated upfront that the DA has been calling for an amendment to the legislation with regard to domestic workers for the past 20 years. The disgusting approach by the governing party to keep the exclusion of domestic workers can only be described as evil. Apartheid excluded domestic workers from the ability to gain compensation of the injuries at work. It took a daughter of a domestic worker to challenge the system and finally the Constitutional Court to demand the change.
I personally raised this issue with the previous Minister of Labour seven years ago. I received no answer from the ANC. Finally, on the instruction of the Constitutional Court the Minister of Employment and Labour was forced to pen the change. Now suddenly the ANC is trying to claim some sort of moral victory against themselves. Isn’t that typical?
Nonetheless, the DA sees this amendment as essential and the DA’s prayers on behalf of the domestic workers of South Africa has been answered.
On listening to my hon colleagues in the portfolio committee one can only laugh but it was Samuel Goldwyn who said, “Our comedies are not to be laughed at.” Some of the amendments are cosmetic, they are cosmetically and we have no problem with that. However, there is one glaring issue that should not only be challenged, but highlighted and removed by either this Parliament or the Constitutional Court thereafter. The ANC aided and abated by the Department of Employment and Labour are desperately trying to avoid challenges to an incompetent entity within the department.
Firstly, it need to be said that substantive amendments should only be made if the legislature wants to destroy an evil. When enquiring from the Minister as to why the substantive change had been proposed, no proper answer could be given. An explanation can only be gleen as to why the amendment is proposed and I intent to outline the real reason why this amendment is proposed.
I must outline the facts that maybe a few thinking members of this House can help us turn this pugnacious amendment. I must say that it was Mark Twain who said,
Get you facts first and then you can distort them as you please.
Before my ANC colleagues distort the facts let me at least get them to hear what they are. For over 20 years the Compensation Fund has been dysfunctional, disorganised and quite frankly deceased. One of my constituent wrote a mail to me saying that the Compensation Fund could not fight their way out of the paperback. The fund is so dysfunctional that some claim now heading their 21th birthday. Because of the useless Compensation Fund, thousands of medical practitioners in the institutions are refusing to treat deceased and injured workers. These workers are referred to state hospitals and clinic and join the lengthy queue to face a broken Department of Health. These workers are covered by the Compensation Fund after having contributed to the fund with every single pay check. These workers deserve to be treated by any practitioner they choose. The practitioners understandably are refusing these patients because the fund doesn’t pay. A practice has a reason which is helped to find the cure which is binding which we find ourselves. The engine workers themselves find themselves in the bind. Firstly, patients, the workers can get the best medical help in the country and are able to get it quickly. In turn the treating practitioners and institutions
can get paid quickly without having to fight and struggle with dysfunctional Compensation Fund. In no circumstances would everyone would win.
For the first time in many years injured workers are finding that they can get access to help. The only reason why third parties exist is because the medical practitioners would rather receive discounted rights than to receive nothing at all. The Compensation Fund in turn tries to avoid paying the third parties. This is the modus operand of our Department of Labour and Employment.
The third parties have both the power and the means to take the Minister of Employment and Labour to court. The courts have spoken loudly and clearly, the Minister of Employment and Labour is forced to pay out not only the medical bills, but all the entrance and legal costs these claims have amounted to millions. Not once has the Minister been able to win one of these cases. The obvious answer would be for the Minister to go to his incompetent entity and force them to get their house in order. This in turn will allow medical practitioners to claim directly from the fund and get paid timeously. But now, this is too difficult and the Minister does not have a political will. What seems to be a solution to all of these is
to try and make it more and more difficult for third parties to transact with the Compensation Fund.
Instead of fixing a broken department, the Minister tries a duplicitous move that we read here today. And I read it, “No third party will be allowed to transact with the Compensation Fund unless they are registered with the Compensation Fund in a manner prescribed. All third parties who are ready transacting with the Compensation Fund must register with the fund within six months after the commencement of the Compensation for Occupational Injuries and Diseases Amendment Act, Act 21.
The Minister, very carefully, does not leave it to this Parliament, and does not share with us the manner prescribed. And I can right here now predict that the Minister will make it almost impossible to register. Why doesn’t the Minister come forward to this House and say that the third parties could be registered at the council for debt collectors? This council already exist and the third parties are already registered with the council for collecting debt. But no, our Minister leaves with open to his imagination as to how difficult he can make it for the third parties. What is the evil? What is the justifications for the proposed amendments?
The answer is clear there is no justification to the proposed amendments. The Minister tries to say that he need to avoid third parties who might defraud the Compensation Fund. When asked is there any third party which defrauded the fund under these circumstances? I could not get an answer. The reality is the third parties who provided prefunding and administrative services to the medical service providers dealing with on duty claims have never been found guilty or convicted however of defrauding the Compensation Fund. The Minister is fully aware that the third parties in direct present Compensation Fund are fully registered. They are regulated very carefully. The broken Fund can only be matched by the dystopian state of the ANC. This is a party that jumps to the tune of a dysfunctional entity.
Let me describe it as follows. The governing party is happy to spend R2,4 billion last year on salary of the six thousand suspended government officials. But as a party they cannot pay their own staff who come to work every day. The ANC can only answer that by saying that their employees need to show loyalty to the ANC. None of this can be explained to the injured workers who are the most vulnerable of our citizens.
In essence the major amendment is being moved to cover up a completely broken system. Instead of at least trying to fix
the system the ANC aids and abates the cover up and cannot explain to why they are doing it. It was George Bernard Shaw who said:
No question is so difficult to answer as that to which the answer is obvious.
The DA does not support the amendments. Thank you, Deputy Speaker.
Ms H O MKHALIPHI: Deputy Speaker, the EFF welcomes the Compensation for Occupational Injuries and Diseases Amendment Bill. The Compensation for Occupational Injuries and Diseases Amendment Bill is before the National Assembly because the Act is unconstitutional and it exclude domestic workers from compensation for occupational injuries and diseases. It took Mahlangu and Others Vs the Minister of Labour for the Labour Constitutional Court judgment which declared the Compensation for Occupational Injuries and Diseases Act unconstitutional for excluding domestic workers.
It took the life of Ms Mahlangu, a domestic worker who passed away while at work only for her dependent to find out that they should not be getting anything after the same family
employed her mother for more than 22 years. There were no unemployment insurance benefits or COIDA. Unfortunately, this is the plight of many domestic workers today, especially domestic workers from Malawi, Zimbabwe, Lesotho and Mozambique who continue to be exploited.
While Ms Mahlangu has passed, her legacy through this Bill will live on. It is only sad that Ms Mahlangu had to pass on and had to be to the Constitutional Court for the rights of domestic workers to be recognised. To Ms Mahlangu’s family may her spirit rest in peace. To the domestic workers who were injured on duty and did not receive any benefits we say to you, please, go to the Compensation Fund to claim your benefits. If they give you problems, please, don’t hesitate to visit the EFF labour desk.
Domestic workers continue to be the backbone of the South African capitalist exploitative economy. Our mothers, sisters and black women make it possible for the professionals to become economically active members of society. They leave their children uncared for in the overpopulated township with poor education and health care system. These are the true unsung heroes therefore we must all support this Bill because it seeks to protect our domestic workers.
We also noted that the Minister took the opportunity to make amendments to strengthen the Compensation Fund and draw clear lines between the commissioner and the director-general.
Unfortunately, challenges facing the Compensation Fund need more than few amendments to the legislation. The current commissioner has presented and implemented one turnaround strategy after another. Now systems are implemented, but there are no apparent benefits or improvements. Claims continue to be paid late and we continue to receive reports of irregular expenditures. Medical practitioners continue to complain about unpaid claims. Now medical practitioners are hesitant to treat workers injured on duty.
There is no consequence management, no accountability and no sign of change. When there is evidence of serious corruption happening at the Compensation Fund the Minister promise that the Standing Committee on Public Accounts, Scopa, will institute an investigation. Last time, the Minister was before Scopa. He promised a forensic audit. That was in May. We have not heard or seen any investigation while deep-rooted systematic corruption continues. How can any credible forensic investigation be conducted while the same management preside over the organisation and is not suspended?
Lastly, we must commend the committee’s chairperson uMama Dunjwa for accommodating different views and proposals and not being partisan. All the proposed amendments, mainly the matter related to the third party attracted the majority of submissions from the public. The EFF welcomes the Compensation for Occupational Injuries and Diseases Amendment Bill. Thank you, Deputy Speaker.
Mr S L NGCOBO: Hon Deputy Speaker, our debate today on the Compensation for Occupational Injuries and Diseases Amendment Bill is not an easy task, considering the complexities of the amendments that must be done. We applaud the consultative processes that have completed with numbers of the public, and it is our hope that today’s outcome reflects the interests of the majority and of the workers themselves. We acknowledge that the legislative processes involved when workers get injured, when they contract diseases, or in the worst case scenario, when lives are lost in the workplace, are quite long and tedious, often take years to be resolved.
Whilst amendments to this Bill will not miraculously unravel the complicated layers of red tape, making it difficult to access compensatory benefits, it is our hope that this is a starting point in addressing some of the issues affecting
workers in the workplace. Considering this, we highlight our concern over the inclusion of section 43 in the proposed amendments, which might deny treatment and care to workers injured on duty. This section increases the financial risk faced by healthcare providers of not getting payments on time, after treating injured or sick employees. This affects the
day-to-day operations in private practices, and in turn, might create greater burden on our public hospitals.
Also of concern is exacerbating and already dysfunctional compensation process. We are aware of the influences surrounding Compensation Fund, and the continued IT failures that have made the administrative processes in claims and payments ineffective. Whilst we appreciate part of the Basic Conditions of Employment Act that allows domestic workers to also make claims for occupational injuries and diseases, we are concerned about the bureaucratic processes that might make them lose more hours of work than making claims.
Therefore, today we are in support of the proposed amendments, and we propose further revisions to make the Bill more inclusive of all workers in the country, as well as to accommodate the medical practitioners who help employees by
making the process less bureaucratic and more efficient. I thank you, Chair.
Ms H DENNER: Thank you, Deputy Speaker. Deputy Speaker, the Compensation Fund recently appeared before the Portfolio Committee on Employment and Labour to present their clean audit action plan, which stemmed from previous appearances before the committee where concerns were raised over the fund’s failure to produce acceptable audit outcomes. The fund
also appeared before Standing Committee on Public Accounts, SCOPA, in May of this year, after which that committee ordered the labour and employment Minister to conduct a full-scale forensic investigation in co-operation with the Special Investigation Unit, SIU into the fund’s failures.
I quote the Chair of SCOPA when he said: “Year in and year
out, the audit outcomes are pointing to the same shortcomings and inefficiencies, this is unacceptable.” Deputy Speaker, these are not the audit outcomes and reactions of oversight bodies to an entity that functions and performs at an optimal level, nor does an entity function properly if it switches
from one system to another four times over a period of 10 years, and if this fourth and final system functions as well as it is purported to, why are there still millions of rands in claims owed to workers and medical practitioners alike?
The Compensation Fund, which manages reserves of around
R60 billion and is financed by about R9 billion in employer contributions per year, has had seven qualified audit reports
from the Auditor-General for various reasons. Someone must hold it accountable. A colleague in the committee remarked
that legislation is amended to address a certain evil. In this case, it seems the evil according to the Department of
Employment and Labour, is third party administrators. It seems to the ANC members as well.
The proposed amendment to section 73 of the Principal Act aims to get rid of them by preventing the cession of medical
service providers’ claims to these administrators. Why? It is
because third party administrators continuously hold the fund
accountable for their poor service delivery, even by means of litigation. This amendment is therefore irrational, unnecessary, and unjustified, unlike the amendment that will include domestic workers into protection under the Act.
Though the prohibition on cession, which would have had catastrophic consequences has been avoided, one has to be concerned about this open-ended amendment of section 43(4). Third parties will now be required to register with the fund, but to what end? These administrators and credit providers are
already registered with regulating bodies, such as the Council
for Debt Collectors. What will the criteria for registration be, and what does this so-called prescribed manner entail?
Regulations such as these do not have to pass parliamentary
processes, which in effect, gives a fund with a notoriously bad management record free reign over these service providers
without parliamentary oversight. Over regulation and government interference is once again at the order of the day,
hon Deputy Speaker. In conclusion, let me pre-empt hon.
Mdabe’s reaction to what I have just said: It is not my job to
advocate for third party administrators or medical service
providers alone, and that is not what I am doing.
It is our job, hon Dunjwa, mine and yours, to advocate for injured workers and that means also advocating for medical service providers, without whom, injured workers would not get the treatment they need as well as for anyone who contributes to the value chain that relieves the suffering of these
workers. The only evil that needs to be addressed at the Compensation Fund is the evil of poor management, and the lack of the political will to do so. The FF Plus cannot in good conscience support this Amendment Bill. Deputy Speaker, I thank you.
Ms P P MAKHUBELE: Thank you, Deputy Speaker. Deputy Speaker, allow me to indicate that the ANC will unapologetically fight for the domestic workers to be treated well with respect, and not only with respect, but with love. We must acknowledge the fact that all of us who here today are products of domestic workers, and actually we are not even supposed to be considered as the most important people in the society because the most important people in the society are the ones who are today home looking after our children. Deputy Speaker, I listened to you, Minister, and you mentioned that the most significant amendments proposed to the Act, among them, are the ... [Inaudible.] ... the provisions and regulations for the inclusion of domestic workers under the category of employees for purposes of benefit in terms of the Act.
Minister, after we have passed this Bill and everything having been said and done, I request you to send labour inspectors to domestic workers’ work places where the hon members of this
Parliament are employers of them, I want to see something. Indeed, Minister, this is a Bill where the two other arms of state were nudged by the judiciary to do justice to domestic workers. To me this is the most important part of this Compensation for Occupational Injuries and Diseases Amendment Bill. Deputy Speaker, you will agree with me that after we fought, as the country, for political and advanced political breakthrough, we are still having the minority in this county who still put domestic workers behind their cars and they put the dogs in the front seats. We need to fight to ensure that should we observe something like that on the streets, we should not be kind to those people who are practicing such things. We should fight to make sure that human beings are treated with respect and love. No human being should be treated like badly, while the dog is regarded as the most important thing in a household of any human being in South Africa.
Indeed, Minister, this Bill where the two arms of state were nudged by the judiciary to do justice to domestic workers, this is the most important part of the compensation for occupational injuries. Domestic workers have given life to many of us. They have provided a chance for comfortable life to countless number of people and they did this while enduring
untold inhumanity at their workplaces for centuries. It just cannot be acceptable at all that even in the 21st century they are treated as nonhuman beings. I am sure that Mme Sylvia Bongi Mahlangu will be resting peacefully now, the work that we are doing now should be dedicated to no one else, but to this particular woman.
Deputy Speaker, allow me to speak about this woman called Mme Sylvia Mahlangu. It is a woman who worked somewhere around Pretoria in the province of Gauteng. This woman was partially blind. One day as she was working she fell and drowned in a pool. Unfortunately, her employer only realised later that day that she drowned and died. To date the child of this woman has never been compensated and she depended on the mother for survival. This will show us how much we do not value these people. We only value them when we give them instructions to clean after us, but would not care how their children survive after they died during working hours. In the sense of performing her duties that she was employed for, she drowned in a pool of her employer. This happened on the 31 March 2012. Even though the employer was present at home that day, but he could only discover later that Ms Mahlangu has drowned when he saw her body flouting in the swimming pool.
Mme Mahlangu had a daughter that was financially dependent to her. When she died her daughter approached a compensation fund of the Department of Labour searching how she could claim compensation for her late mom. She was told there was nothing that she could claim for occupational injuries for her late mother. She was also told that there was no Unemployment Insurance Fund registered for her mom. These were sad news on top of the tragedy. Hon members, this is what we are correcting here by amending the compensation for occupational injuries and diseases. Therefore, those parties who are saying and will be saying that they do not support this Bill, please do know that the tears of Mme Mahlangu will not fall on the ground. You must also know that you are against what is enshrined in section 1 of the Constitution which is human dignity, among others. No, it’s fine I’m Tsonga, therefore, bear with me as long as you understand.
Deputy Speaker, we heard all those noises that not this Bill cannot be supported because some businesses will close. It is cruelty at its worse. When we’re trying to prevent the loss of
... [Time expired.]
Ndzi khensile, Xandla xa Xipikara.
Mr S W MDABE: Hon Deputy Speaker, hon Ministers and Deputy Ministers, hon members, fellow South Africans, workers, we have been entertained with all sorts of hyperbole and theatre in the portfolio committee by some of the hon members. Clearly their rhetoric has not subsided as we are still subjected to it once again in this House.
Chairperson, I am here to put the record straight in the House and to the public so that there is no doubt in anyone’s mind about the correctness of what we are doing to process this Compensation for Occupational Injuries and Diseases Amendment Bill.
There are those who look for faults and problems all the time. There are those who find solutions and move the country forward. As the ANC we belong to those who find solutions. Let others like the DA and the FF Plus look for faults and entertain themselves and their supporters instead of finding a way forward that unites the nation.
Deputy Speaker, I am not here to tell lies or claim easy victories. It is true that when we started in the committee back in 2019 we found the Compensation Fund with systematic challenges, but we also found that the fund had identified
these problems, analysed them and implemented part of the turnaround plan.
We scrutinised the options they put before us, their turnaround plan and we interrogated their performance in terms of the implementation. We did not do this anywhere else, we did this work in the portfolio committee. We even went as far as paying an oversight visit to the Compensation Fund. We also invited into the portfolio committee the third parties who had challenges with the Compensation Fund.
Hon Deputy Speaker, I am only talking about members who are solution-orientated and not those other ones who are furious and frantically looking to find problems and fault in government.
The Compensation Fund is the implementer of the piece of legislation that we are passing here today. As I have already indicated, the Compensation Fund had historical challenges.
Because these challenges have systemic elements, they are being phased out progressively and systematically.
The work of cleaning up this entity started some few years back. The Compensation Fund developed and implemented an
action plan in order to bring stability to the operations and address the financial management administrative and people’s issues, restore the reputation, improve service delivery and bring some of the basic controls that were missing in the management.
Currently, we are observing and taking stock of the improvements in the Compensation Fund. On the improvement of the medical claims processing, medical claims make up the largest component of the creditors information of the Compensation Fund due to the quantum of transactions that take place between this entity and the medical service providers.
In order to improve controls in the claims processes and improve the credibility of the information, the fund has developed clearer processes for processing medical claims with clear responsibilities and impact controls as part of the implementation of the new system.
We have reviewed documentation required for the claims processes and registration of medical providers. These were published in the government gazette as part of the implementation of a new system in July and October 2019.
We have introduced a process of registration of switching houses who submit the medical claims registration requirement. These were published in March 2019 in government gazette as part of the implementation of the new system. In order to manage the quality care and medical claims information submitted to the fund while also controlling costs, the fund implemented a case management programme for injured workers.
This include both acute cases and those identified for rehabilitation. This has been implemented since April 2020.
In addition to case management the fund has also piloted a rehabilitation and a return to work programme which will enrich the pensioner database and thus contribute to the pensioners’ data on the balance sheet on improvement of validation processes for medical service providers. It is a known fact that medical service providers submit the largest value of creditors and claims expenditure. In this regard, the Compensation Fund identified the need to authenticate their credentials ... [Interjections.] ... in order to improve ...
The DEPUTY SPEAKER: Minister, mute yourself, please. Your time is coming.
Mr S W MDABE: The Compensation Fund identified the need to authenticate their credentials on a regular basis in order to improve controls and quality of financial information submitted by these service providers. In order to achieve this, regular validation against the information from the Board of Healthcare Funders is being carried out.
Let us face the truth, some of the stakeholders that we met, hon Deputy Speaker, put a variety of reasons why they are opposed to this amendment whilst hiding the main reason which lies in the validation of their credentials. The reason is that in the past we did not have this validation in the Compensation Fund. So, we want to tell those who have been feeding on the fund that the party is over. Maybe their bulldogs in the House are also threatened because they will not get thrown the meaty bones that they used to. That is why they are barking so loud today.
The Compensation Fund developed and implemented the new claims management system with better and improved controls. The system went live in October 2020. With a gradual release of functionality in addition the CompEasy system was developed with duplicate auto check function of individual practice number against the Board of Healthcare Funders list of medical
group practitioners’ number. And this process is being carried out through a work service between the Compensation Fund and the Board of Healthcare Funders.
The controls over the submissions of compensation claims was also introduced with CompEasy starting with controls over claimants. A set of rules was developed in the system to ensure complete claims are processed in line with COID legislation. In order to effectively manage the complex medical claims environment, additional ... [Interjections.]
The DEPUTY SPEAKER: Sorry, hon member. Hon members, all of you on the virtual platform, please take a moment to switch off your microphone and mute. We really do not want to hear things we don’t want to hear. Please, all of you. Just look at your mic and switch off please. Thank you very much.
Mr S W MDABE: Hon Deputy Speaker, I have demonstrated to this House that the Compensation Fund is capable of handling amendments through the COID Act. Two weeks back the portfolio committee sent the Compensation Fund and they updated us on the progress on their action plan. We took a decision as a portfolio committee to closely monitor this plan, and we have regular meetings with the entity.
Hon members, through clause 43(4) in the amendment Bill that is amending section 44(4) of the principal Act, the committee is saying that there must be rules and regulations. Those third parties who are operating in that space must be authenticated. Their working in sensitive information that is governed by the principle of doctor-patient confidentiality. We are doing away with the law of the jungle and introducing professionalism and order.
We do know that there are those who benefit from the chaos, we also know that there are some who cashed in in the state influx ... [Time expired.] ... Our primary focus is to serve the injured workers not the third parties’ hunger. The DA and the FF Plus, ...
The DEPUTY SPEAKER: Your time has expired, sir, you can’t
Mr S W MDABE: The ANC supports the amendments of this Bill. Thank you.
The MINISTER OF EMPLOYMEND AND LABOUR: My apologies,
Chairperson, it is this technology.
Just in closing, Chairperson, this Bill seeks to end discrimination against domestic workers, strengthen the rehabilitation and return to work process and strengthen the administration and governance of the fund. This is in line with the best international practice where we seek to strengthen the social safety net to protect vulnerable workers as well as improving health and safety in the work place.
You see, when there is an election, hon Deputy Speaker, when there is this election fever like now as we are campaigning and preparing for local government, we hear all fairy tale stories like hon Bargraim claiming that they have been arguing for the domestic workers. The records and history of DA does not show that. At all times they have been anti-progressive labour legislation. That is the record of the DA. Why do they claim that today? Because of the elections. Even now, in all the forums they talk about a rigid labour market, then it must be amended. That’s their song when we are debating the economy. Since when have they been supporting the workers?
Hon Mkhaliphi, just for your factual information, before the court processes and the judgement, the department had already started the process of amending this particular Act. That is why even in court we did not oppose the application.
Hon Danner, it is Department of Employment and Labour that talked about an in depth diagnostic analysis of the two funds, including the Compensation Fund, and we talked about the weaknesses and the need for a turnaround which should be a systematic and a total fundamental turnaround. And it is us who suggested forensics in other areas of this fund.
In appointing service providers, we have to follow processes. We do not just wake up and choose a particular person as if it is our spaza shop. There are procedures which have to be followed. And very interesting, as my last point, Chairperson, the DA and FF Plus had problems including the very same workers in the OHS. High all of a sudden now they behave as if they are progressive. We have acknowledged our weaknesses and are dealing with all those weaknesses. Thank you very much for those who supported this Bill. Siyaqhuba!
The DEPUTY SPEAKER: Thank you very much. Hon members, I have received an apology. Apparently hon Kwankwa had connectivity challenges. This is why he was not able to speak. My friend, the Minister of Employment and Labour, I have a sneaky feeling that the earlier problem was not technology but a user problem. But we will attend to that. We do have the capacity
building section in Parliament. As a Member of Parliament you have a right to benefit from that.
Bill read a second time (Democratic Alliance and Freedom Front Plus dissenting).
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON EMPLOYMENT AND LABOUR ON EMPLOYMENT EQUITY AMENDMENT BILL
There was no debate.
UMBHEXESHI OYINTLOKO WEQELA ELILAWULAYO: Enkosi kakhulu Sekela Somlomo. Ndiphakamisa ukuba le Ndlu yoWiso-mthetho yeSizwe yamkele le ngxelo izakuthiwa thaca apha. Enkosi.
Motion agreed to.
Report accordingly adopted.
EMPLOYMENT EQUITY AMENDMENT BILL
(Second Reading Debate)
The MINISTER OF EMPLOYMENT AND LABOUR: Hon Deputy Speaker, hon members, this Bill represents part of the continuing task to transform the labour market and society still marred by the historical legacy of colonialism, apartheid and patriarchy. In this regard, the adoption of the Constitution of the Republic of South Africa 25 years ago marked a turning point by upholding the values of human dignity, equality, freedom and social justice.
One of the measures intended to implement this vision was the inception of the Employment Equity Act 23 years ago yet the pace of transformation in the labour market has been frustratingly slow. The latest employment equity statistics contained in the 21st Commission for Employment Equity Annual Report 2020-21 indicate that we have not addressed past imbalances to uplift the most vulnerable groups in our economy, that is African women and persons with disabilities.
For example, at top and senior management levels, Africans accounted only accounted for 15,8% and 24,7% of all positions respectively, whereas whites occupied 64,7% and 52,5% of all positions at both top and senior management levels. In
relation to women representation, they only accounted for 24,9
% and 35,7% of all positions at top and senior management levels respectively. Of great concern is the representation of people living with disabilities remained at around 1% of the total workforce. It is evident from the data that self- regulation by the employers to achieve the objectives of this Act has simply not worked. They are becoming even more arrogant now, hence the urgent need to review the legislation and the regulations.
The primary objectives of the amendment are; to empower the Minister of Employment and Labour to regulate the sector employment equity targets after consultation with the sector stakeholders and on the advice of the Commission for Employment Equity. In addition, the amendments are intended to promulgate section 53 of this Employment Equity Act. Section
53 deals with the issuing of the employment equity compliance certificate as the prerequisite for access to state contracts or to conduct business with any organ of the state. The state cannot continue to financially incentivise organisations that are anti-transformation and continue to resist complying with the laws of the country.
Further, the amendments are intended to reduce the regulatory burden on small employers employing between 0 to 49 employees. They will be exempted from complying with the employment equity administrative processes, however, the small employers will still be required to comply with the provisions of the Employment Equity Act dealing with the elimination of all forms of employment discrimination in their employment policies and practices as per chapter 2 of the Employment Equity Act before the compliance certificate is issued to them to conduct business with any organ of the state.
At an operational level, the department is ready to implement these amendments upon approval by Parliament and enactment by the President. We are at an advanced stage in relation to the sector stakeholder engagement for the setting up of the sector-specific employment equity targets. The IT development processes are also underway to enable the automation of the issuing of the employment equity compliance certificates for the convenience of the employers. In conclusion, the Amendment Bill plays a critical role in transforming the labour market to allow everyone fair and equitable access regardless of race, gender or disability. I hope those who claim that they are for the workers are going to support this but let’s hear what they are going to say. Thank you, Chairperson.
Ms H O MKHALIPHI: Hey! Minister, don’t start with us.
The DEPUTY SPEAKER: Hon Hlengiwe, the Rules that were adopted in the House say you mustn’t do that in the first place. And you are in a leadership position, we plead with you. If it is about politics, wait your turn. Please!
Ms H O MKHALIPHI: Okay, Deputy Speaker, no problem. [Interjections.]
USEKELA SOMLOMO: Uyaqhubeka. Awuhlelekile yazi.
Ms M L DUNJWA: Deputy Speaker, again, in greeting everybody. But today, in particular, the workforce of this country, those that have been oppressed for a number of years, but who liberated themselves.
I’m standing here to confirm that the Bill was introduced to us on 21 July, briefed by the department on 20 October, advert was sent on 14 and 17 January, closing date was 20 February, extended to 5 March, public hearings were conducted, both written and oral, from 13, 14 and 15 April.
The Employment Equity Act was enacted in 1998 to give effect to a constitutional right, to equality. Section 9(1) of the Constitution say everyone is equal before the law and has the right to equal protection and benefit of the law. Section 9(4) make provision for legislative designed to prevent or prohibit unfair discrimination.
The purpose of this Bill is primarily to empower the Minister of Employment and Labour to identify sectoral numerical targets in order to ensure that equitable representation of sustainable qualified people from designated groups. Most of the amendments are consequential to this primary purpose.
Secondly, the Bill seeks to clarify conditions under which the Minister may issue Certificate of Compliance to Employment Equity Act to employers.
Hon Deputy Speaker and the House, we want to ... I think it is important that ... I did say ... I mentioned this but again this was quite a very difficult, if I may say, debate in the committee because some of the members felt that ‘what’s the point, we have voted in 1994, apartheid is gone and therefore, so what’ not realizing that, in fact, the status quo still
remains. And I think the Minister had outlined that ...
because I don’t want to repeat that.
In some sectors of the labour market majority are still white, males in particular. And unfortunately women, black women, coloureds and Indians are at the bottom.
It was in this debate that hon Bagraim asked us ‘what is the devil that you are talking about?’ and the devil is that there are some members in this House that are resisting transformation and we think as Members of Parliament we are not going to come here and speak as if ... because you are in this Parliament, which is democratic; at the workplace the labour force, workers are still oppressed and unfair labour practice in terms of race, colour and gender.
It is unfortunate that the people with disabilities are those that are in areas where they are poorly addressed.
... ndifuna ukuthi kubasebenzi nakwinkokheli zabo, singema apha siwamkele lo mmthetho kodwa ukuba bona kwiindawo zabo zokusebenza abaqiniseki ukuba bayabakhangela ...
... what is called the monitor, the implementation of this Act because it will be useless that we come here as Members of Parliament, we pass these legislations and these legislations are not ... there are no people who ensure that they guide them.
That is why I am then saying I want to make an emphasis, our members are going to come and debate, and put politics but for me as a former trade unionist I want to challenge all trade unionists, right across, that they must come together and unite because the struggle is still not over.
Workers of this country, you are on your own if you don’t ensure that the workplace is transformed, if you don’t ensure that employers skill you, if you don’t ensure that you are not treated according to the colour of your skin, your gender and your disability. And we are putting it here as the committee.
Yes, I want to thank you the members of the opposition who, some of them, were very compliant, some of them were progressive ... [Interjections.] ... I ... English is my second language ...[Interjections.] ... yes ... you’re not going to correct me here because if you start that it’s time
that will be against me ... whom those that were supportive, those who understood the struggle with their differences because ours is not to fight as if it is what we want, it’s not about what we want, it’s about what ... in particular as the ANC and all the progressive trade unions who fought for the liberations of the workers of this country.
On behalf of the portfolio committee I’m putting this report for this House to adopt and thank the department for ensuring that transformation, which is a struggle, and I want to assure the opposition, in particular the DA, that we are not going to fold our arms as the ANC, supported obviously by the IFP, with all their challenges the EFF, but they have been supportive, of all these, the NFP, they’ve been supportive of the positions and the policies and the views of the ANC.
We are not going to be apologetic in ensuring that we transform our workforce because at the workplace apartheid still exist. I thank you. [Applause.]
Dr M J CARDO: Deputy Speaker, the Employment Equity Amendment Bill is a job destroying jackhammer, it is a blunt and brutal tool handed carelessly to the Minister of Employment and
Labour so that he might wield the workforce into a shape the ruling party deems racially acceptable.
The ANC will have you believe this Bill is a weapon of transformation. In truth, it is a weapon of economic mass destruction. Its repercussions will reverberate for generations to come, unwelcome aftershocks to an economy already in upheaval.
There are two fatally flawed clauses in the Employment Equity Amendment Bill. Firstly, there is clause 4, which introduces section 15(a) into the Act. This section empowers the Minister of Employment and Labour to identify national economic sectors and to determine numerical employment equity targets for these sectors. The consultation requirements imposed on the Minister are vague and ill-defined. In this way, the ANC seeks to foist its narrow ideologically-driven goal of demographic representivity from the Minister above onto biddable employers below. This is the warped notion that the workforce should know exactly the racial and gender composition of economically active population.
This new provision confers upon the Minister a set of arbitrary and discretionary powers that are wholly
incompatible with the drivers of a market-based economy. There is a simple word for rigid racial targets determined by the Minister, thrust upon employers after a thin veneer of consultation, and backed by punitive measures for noncompliance. In effect, they are quotas.
Secondly, there is section 53 of the Act, which now comes into operation as amended by clause 12 of the Bill. Henceforth, state contracts will only be awarded to employers who are in possession of a compliance certificate issued by the Minister. Of course, in order to obtain the certificate, an employer must have complied with any sectoral target set by the Minister in the first place. All of this is a recipe for malicious ministerial meddling.
Section 53 concentrates powers in the hands of the Minister which might be used capriciously to benefit selected companies in the allocation of state tenders. This is a textbook ANC manoeuvre. It allows them to manipulate outcomes by rigging tenders or funnelling contracts in the guise of righting past wrongs and redressing racial inequalities. Yet, after more than two decades of employment equity and black economic empowerment, BEE, legislation, we now know beyond any
reasonable doubt that these legislative lynchpins of racial transformation are really a fig leaf for crony enrichment.
What is driving this racial mania? The ANC looks at the upper echelons of the private sector as opposed to the public sector and gasps in horror at their complexion. There are too many whites. Able-bodied coloured men are overrepresented here.
African women with disabilities are underrepresented there. And the ANC comes to the conclusion that the government should shift workers around as if they were pawns on a chessboard. In fact, the ANC goes one step further. It seeks, through diktat, to conjure an entirely new chessboard into existence. That is not how societies or economies function.
If the ANC wants to level the playing fields, or broaden economic opportunity, let it increase the pool of available skills by putting in place a first-rate education system. Let it foster the conditions conducive to economic growth that allow for opportunities to flourish. But that is not how the ANC thinks.
The Employment Equity Amendment Bill is, to recall Tony Leon speaking on the original legislation is a “pernicious piece of social engineering,” pious in intention but destructive in
effect. And, make no mistake, this Bill will sew economic destruction ... [Interjections.]
An HON MEMBER: Hon Deputy Speaker, on a point of order.
The DEPUTY SPEAKER: What are you rising on, hon member?
An HON MEMBER: Is the member prepared to take a question?
Dr M J CARDO: I am not, Deputy Speaker. ... That is what happens in a command economy when a politician hauls out a racial abacus and declares how many beans should be in each row and what colour they should be.
As it is, our economy is mangled, damaged and deformed by decades of ANC policy incoherence, state capture and corruption. It has been disfigured further by COVID-19 and the stringent lockdowns. The numbers are well known. In 2020, economic activity slumped by 7%, the biggest fall since 1946. We are still trapped in the longest downward cycle since the Second World War. The economy hasn’t grown by more than 3% annually since 2012. Last year, there were over one million job losses. Our unemployment rate sits at 44,4% on the
expanded definition. Almost 12 million people do not have a job.
Meanwhile, as I speak, a huge flight of skills and capital is underway. Desperate, anxious middle-class South Africans of all races are rushing for the boarding gates to put daylight and continents between themselves, their families and an ANC government bent on destruction. They can see which way the wind is blowing. They know that ANC policies like expropriation without compensation will bring economic ruin.
The Employment Equity Amendment Bill will hasten that destruction. It will deter investors. It will stunt growth, and it will kill jobs. Why should anyone want to invest in an economy, or create new jobs, when a politician gets to decide what the labour force looks like or how the labour market operates?
The ANC has rammed this Bill onto the Order Paper before we rise for the local government election campaign so that it can lay claim to some conveniently-timed victory for “our people”. It is a sham achievement for this Bill will do nothing for the poor, the marginalised, or the rural masses on whose behalf the ANC professes to speak. Its remedial measures, such as
they are, do not target the disadvantaged. They do not advance the disadvantaged, and they do not promote the achievement of equality. As such, this Bill is – to put it lightly – constitutionally suspect. In truth, the Employment Equity Amendment Bill will help only a small, skilled and politically connected elite. It will widen the inequality gap between the small black elite that benefits from employment equity, EE, and broad-based black economic empowerment, BBBEE, and the
10 million black South Africans who are unemployed and unlikely to find a job because of laws like this one that disincentivice job creation.
Our delicate social fabric is frayed. Our economy – if not yet quite in smithereens – lies broken. And now, Deputy Speaker, we propose to give the Minister of Employment and Labour a
job-destroying jackhammer. The DA opposes this Bill. [Applause.]
Nk C N MKHONTO: Nk C N MKHONTO: Ngiyabonga Sekela Somlomo, ngiyabingelela kuwe, ngiyabingelela namalungu wonke weNdlu, ngibingelele nambasebenzi baseNingizimu Afrika.
Deputy Speaker, for years, women, youth, persons living with disabilities and the black majority have been discriminated against by employers without any form of protection. The colonial and apartheid exploitation continues. They use of all kinds of criteria to set aside employment and promotional opportunities for minorities.
The Employment Equity Amendment Bill was designed to address colonial and apartheid exploitation that continues, especially discrimination of people and exclusion from meaningful participation in the economy.
What is shocking is that, even government departments, entities, state-owned enterprises, SOEs, and local government institutions have failed dismally to comply with some of the requirements of employment equity, particularly failure to employ people living with disabilities. To date, we still have sectors dominated by men and the higher echelons occupied by white males. Women and the youth dominate informal, seasonal and temporary design ... [Inaudible.] ... The patriarchal apartheid designed system continues to keep women at the lowest level of the career ladders.
Whilst the Employment Equity Amendment Bill promises redress and justice, particularly the employment of people living with disabilities, we know that the incompetent rigid ruling party cannot implement any transformational legislation. The Employment Equity Amendment Bill, if administered effectively and efficiently, can improve the social economic status of black people, youth, women and people living with disabilities.
We have all called for the employment of 2% and more of people living with disabilities. As much as this is what we all see as necessary, we know it will never happen.
The hopes of the marginalised workers and job seekers are on the Department of Employment and Labour. One department that continue to fail workers in all ways possible. This is the same department that has failed to enforce the National Minimum Wage, has a shortage of labour inspectors and a few employed are incompetent, let alone making meaningful enforcement of employment equity legislation.
We hope this Amendment Bill revitalise work commitment, work ethics of labour inspectors, and will power to change workers’ conditions including in government, state-owned entities, and
the private sector ... [Interjections.] ... This needs enforcement officers that understands the political and historical background, the effects of income inequality, and the dire need for economic empowerment of the black majority.
However, the only meaningful and sustainable way South Africa will achieve employment equity is when there is economic freedom and equal redistribution of land and the nationalisation of strategic sectors of the economy, when there is state capacity to build and enforce legislation. We will achieve meaningful employment equity by creating the ... [Inaudible.] ...
The DEPUTY SPEAKER: Hon members, we requested you to pay attention to what is in front of you and make sure you switch them off. Otherwise, you are deliberately sabotaging the sitting, and that’s bad news. Please, proceed, hon member. Are you done?
Ms C N MKHONTO: No, I am not done, Deputy Speaker. I was muted. Thank you. ... We thank the chairperson of the committee for she was able to rise above the political and socioeconomic diverse backgrounds of the public that make submissions and the members of the committee.
To the Minister, the EFF does not only pay lip service. You are welcome to visit our labour desk at headquarters and you’ll see that as the EFF, we are for the workers for real and we practice what we preach. Deputy Speaker, the EFF supports the Employment Equity Amendment Bill. Thank you. [Applause.]
Mr S L NGCOBO: Hon Deputy Speaker, the Employment Equity Amendment Bill represents this Parliament’s commitment to ensuring the continuation of employment equity in South Africa. The IFP shares the view that the struggle is still on, where this is concerned. There is still a long way to go.
The Amendment Bill represents our decisive and collective effort for the identification of sectoral numerical targets in order to ensure the equitable representation of suitable qualified people from designated groups. Of course, the Bill deals with other interrelated issues, which are important for advancing employment equity in South Africa.
It is saddening that, although every attempt has been made to accommodate all views and to hear everyone, there is a minority that is of the opinion that this Bill is socially engineering and they will therefore not support it. This
attitude is contrary to the spirit of transformation that defines the postapartheid South Africa.
We will recall that the apartheid government was socially engineering this country, using state powers and all legislation. We cannot stoop to the level of the apartheid state, and we have a collective obligation to correct its injustices.
One of those ways is to promote equity through legislation. The process respects the rule of law and we should support it. There is no hope for fully and truly transforming South Africa, if we do not use legislation to bring about employment equity.
Although this Parliament adopted employment equity, we have come to the conclusion that the Act does not fully deliver on the promises of transformation in employment, as we had hoped it would. The employment Equity Amendment Bill is an acknowledgement of the deficiencies of the Employment Equity Act. It is an expression of the majority’s desire to correct that which is not right in the main Act, that which needs to be revised and improved.
As such, we all need to really rally behind this Amendment Bill. It will never be emphasised enough that it is important to identify sectoral numerical targets, in order to ensure the equitable representation of suitable qualified people from designated groups.
If this Parliament is elected based on proportional representation, which ensures equitability, then there is no reason and logic why we cannot put the same equity in the employment sector. It will be a dereliction of our duty as Members of Parliament, if we do not use the powers given to this institution to enact, amend and repeal laws, in our attempt to develop the South African society.
We can only build a truly just society that is peaceful in harmony, if we support the transformation agenda. This transformation agenda requires equity. It requires a proper representation of all groups in all political, economic and social sectors of society, including employment. It cannot be delayed because it is bringing equity in the workplace through this Amendment Bill.
The IFP supports the adoption of this Bill. I thank you. [Applause].
Ms H DENNER: House Chair, during a presidential job summit held in October 2018, resolutions were taken that have led to the creation of 275 000 job opportunity per year. It is evident that that has not happened, because we currently have the highest expanded unemployment rate to date of 44,4% and we cannot blame the covid-19 pandemic because the unemployment rate has been rising long before the pandemic and it will continue to do so long after it is over. Why? Because like a fool, the ANC makes the same mistakes over and over again, each time expecting different results.
Yesterday, during the question session, the Minister of Employment and Labour stated that government is refusing to drop their current plan for another plan. That is called being unresponsive, hon Minister, because clearly, the current plan is not working and the product is an unemployment of nearly 45% and an absorption rate of less than 40%, which globally compares to failed states and countries that deny women working opportunities. It is loosely translated into abject failure.
I have said it many times in this House and I will continue to say it: The private sector is the biggest and most important employment creator in the country. We need the private sector
to contribute to the economy and employment creation. Private- sector employers need to be supported and empowered so that they in turn can support and empower their employees.
It is not an us-versus-them scenario, hon ANC colleagues on the Portfolio Committee on Labour; it is a scenario of, if the one fails, the other one will fail as well. The one cannot exist without the other.
En tog word die privaatsektor as die sonnebok vir ieder en elke mislukking in die arbeidsmark voorgehou. Is dit die privaatsektor se skuld as die regerende party kort voor ’n verkiesing agterkom dat hy nie in sy beloofde transformasie doelwitte geslaag het nie? Dit is die privaatsektor wat aan bande gelê word deur striewende en beperkende arbeidswetgewing soos hierdie Wysigingswetsontwerp, wat weereens dieselfde uitslag tot gevolg sal hê, naamlik ’n stygende werkloosheidskoers, ekonomiese agteruitgang en armoede.
Hon House Chair, hon House Chair!
The HOUSE CHARIPERSON (Mr C T FROLICK):
Yes, hon member. I can hear you.
Ms H DENNER: Hon House Chair, there is interference from the House or on the virtual platform. Someone is speaking over me. May I please be allowed to continue my speech?
The HOUSE CHARIPERSON (Mr C T FROLICK): Hon member, I do not hear any interference ... [Interjections.]
Me H O MKHALIPI: Praat, madam, praat.
The HOUSE CHARIPERSON (Mr C T FROLICK): No, hon Mkhalipi,
there you now do what the hon member has just talked about. [Interjections.]
Ms H DENNER: I see the NA is muted here.
The HOUSE CHARIPERSON (Mr C T FROLICK): Order, hon members. You are quite audible if you are on the virtual platform. We can hear you. [Interjections.]
The HOUSE CHARIPERSON (Mr C T FROLICK): Hon Mkhalipi and the other hon members, please. [Interjections.]
Me H DENNER: Ek kan nie praat nie. Niemand luister nie. [Tussenwerpsels.]
I am not sure where I was interrupted, so I will just repeat this again.
En tog word die privaatsektor as die sonnebok vir ieder en elke mislukking in die arbeidsmark voorgehou. Is dit die privaatsektor se skuld as die regerende party kort voor ’n verkiesing agterkom dat hy nie in sy beloofde transformasie doelwitte geslaag het nie? Dit is die privaatsektor wat aan bande gelê word deur striewende en beperkende arbeidswetgewing soos hierdie Wysigingswetsontwerp, wat weereens dieselfde uitslag tot gevolg sal hê, naamlik ’n stygende werkloosheidskoers, ekonomiese agteruitgang en armoede.
Overregulation of the labour market is a stumbling block to employment recreation. Legislation like the National Minimum Wage Bill, arbitrary extension of collective bargaining agreements to nonmembers and employment equity legislation
like this Amendment Bill are counterproductive constraints to economic growth and job creation.
Sections of the Bill that enable the Minister to determine sectoral numerical targets is another example of gross overregulation and interference by government. These policies, together with other failed government sectors, like our education system will continue to exclude the majority of South Africans from the labour market.
We need to fix our education system so that people have the required skills to be appointed in certain positions and deregulate the labour market, so that those positions can be created.
Die Departement van Arbeid se mandaat is onlangs uitgebrei om werkskepping ook in te sluit. Die departement werk egter sy eie mandaat teen deur wetgewing voor te stel en af te dwing wat juis die teenoorgestelde effek sal hê. Die doelwit behoort eerder werkskepping deur middel van volgehoue ekonomiese groei en ’n verbeterde onderwysstelsel te wees.
Slegs as so veel as moontlik werksgeleenthede geskep word en voornemende werkers aanstelbaar is met die nodige onderrig en kwalifikasies sal mense wat voorheen in die arbeidsmark uitgesluit is ook geabsorbeer kan word.
Tykengedrewe wetgewing soos hierdie is soos ’n pleister op ’n gapende kopwond. Dit sal nie die probleem aanspreek nie, maar dit bloot vererger.
The FF Plus does not support this Bill. Thank you.
Mr M J WOLMARANS: Thank you, House Chair, hon members, stakeholders and our communities at large. Hon members, when the National Assembly passes legislation, review legislation, repealing legislation and amending legislation like in this case today, what we are really doing is to put content into the freedom, is to put content into our hard-won democracy.
Through this Employment Equity Amendment Bill, we want people in the workplace to experience the content associated with their freedom and their democracy.
Now, here’s the problem statement, hon members, as recently as
two months ago the hon Minister of Labour decried the slow
pace of transformation in the workplace. With regard to employment equity and according to the Commission for Employment Equity, the CEE, it will take at least another 50 years to realise transformation at the current rate and at the current pace of employment equity implementation. 27 years into our democracy, women and people living with disability, the most vulnerable, have experienced very little or no progress at all in the workplace.
From the hon Cardo from the DA, they would like to really see this status quo remain unchanged. Present conditions or circumstances compel us today to look at amending the Employment Equity Act as promulgated in 1998. Ordinarily, we would in good faith have opted as we did before and we currently do for self-regulation by the sector, but the reality is sadly the desired objectives have not been met nor achieved.
Hon members of the FF Plus, just like the DA, would really like the same situation and the status quo also to be entrenched. A number of issues have been exaggerated and blown out of proportions, for example, in some sectors including some in the House, where through this amendment the Minister
is given carte blanche cowboy-style dictatorship within the sector especially on targets.
They did not read properly section 15(a), which reads; the Minister after consultation with the relevant sectors and with the advice of the Commission for Employment Equity for the purpose of ensuring that equitable representation of suitably qualified people from designated groups and at all occupation levels in the workplace. I noticed in the Gazette, will set numerical targets for any National economic sector identified in terms of the section. Now, we must underscore after consultation, we must also underscore suitably qualified from designated groups.
Hon members must not make any mistake. There are many suitable qualified people from designated groups. They lament their daily experience of being overlooked and discriminated against. Again, in terms of section 15(a)(4), a notice will be issued in terms of subsection (3). There are different numerical targets for different levels, subsections or regions within a sector on a basis of any other relevant factor.
Therefore, it is not a one-size-fits-all application at all.
Let us remind ourselves and reiterate the primary objectives of this Amendment Bill, which is to provide the Minister of Labour with the power to regulate employment equity through specific employment equity numerical targets for designated groups and to reduce regulatory burden on small employers ... [Interjections.] ... for compliance in terms of the promulgated section 53 of the Act. All this will happen in consultation with sector stakeholders and on the advice of the Commission for Employment Equity.
The African National Congress supports the amendments contained in this Bill. We also welcome the progressive contribution especially from our friends, the EFF, in supporting the amendments to the Bill. Thank you, House Chair.
Ms A S ZUMA: House Chairperson and hon members ...
... ngithi angiqale ngokusho ukuthi lo mcimbi esikuwo namhlanje unzima kakhulu, ugcogcomisa ozakwethu, bakhuluma ngezindaba ezingabadingi, bakhohlwe ukukhuluma ngezindaba ezithi, ubaba wami uMdlalose waye nepulazi, lashonaphi? Ubaba wami uMdlalose waye nezinkomo zashonaphi? Bakhuluma ngezindaba
zabasebenzi. Sisebenza ezindaweni zasemakhaya, ekuhlaleli la sikhona, Sihlalo Wendlu, sithola ukuthi umuntu uthi ngiyasebenza epulazini elithile ngihola u-R2,50 ngelanga, yilezo izindaba ekufanele ngabe bayazikhuluma.
Kufanele ngabe bayakhuluma ukuthi lama-KFC abawafaka ezindlini zabantu umangabe siya okhethweni yimaphi? Lama-SMS imaphi?
Ngiyabonga, Sihlalo Wendlu.
One of the mandates that the ANC is constantly given by voters is that we should ensure that there is an equal South Africa in all respects. When South Africans — in their larger numbers than any other party in Parliament — continue to send us to Parliament, they put their trust in us to change the status quo. They tell us that Parliament is a site of struggle, and this assertion that Parliament is a site of struggle gets amplified by the kind of debates that we have in this august House.
As I listened, particularly to the two parties, the DA and FF Plus, I said to myself, oh gosh, there they go again with their firm antitransformation stance. Once again, they screamed at us to accept the status quo.
Njengoba nibezwa nje.
Voters said that we must refuse to accept the status quo. As the ANC, that is our mandate.
When we were deliberating on the Employment Equity Amendment Bill in the committee, and in listening to the DA and FF Plus, it was clear to me that these two parties have a serious problem with the amendments that we were making and the entire Employment Equity Act. You can hear them now as I’m ... Now!
They are not fighting this Bill. They are fighting to get the entire Employment Equity Act done away with.
’n AGB LID: Presies!
Ms A S ZUMA: They are opposed to the Employment Equity Act because the word transformation was banned in the DA, while in the FF Plus it never existed. [Applause.] In actual fact, both the DA and FF Plus appear to have been shocked to learn that there was an Employment Equity Act which is designed to bring
about fairness and justice in the workplace. There are two former DA leaders who were shown the door as they were trying to unban the word, transformation. [Laughter.]
Ngisho njalo. [Ihlombe.]
When the young politicians were maturing and gaining knowledge, they began to see the real picture of South Africa outside university books, and said to the DA, perhaps we should have transformation content in our policies, and not only that, we should support pieces of legislation that have transformation as an objective to be achieved. That, hon Chairperson and hon members, led to them being mercilessly kicked out of the DA.
Today, Ms Mazibuko and ... Maimane are no longer members of Parliament and they are also out of the DA because they started to realise that the imbalances of the past do not need to be addressed.
Hon Cardo and hon Bagraim are members of the DA in this Parliament and so they will remain because they are opposed to
equity in the workplace. In the committee, when they opposed all issues that speak to justice and fairness, they were always referred to the principle Act. That is what you are opposing ... which you think is in the Bill. It is actually not here in these amendments. It is in the Employment Equity Act, No 55 of 1998. They are doing the very same thing today.
What are we on about here? It is nothing else but fairness, justice and equity. Equity literally means the quality of being fair. And, it is very sad that there can be parties that can oppose that in 2021. These parties should be ashamed of themselves for opposing ... [Inaudible.]
Employers must be developed ... [Inaudible.] ... to identify and eliminate employment barriers, including unfair discrimination ... yay! ... which adversely affect people from designated groups ... states ... section 15, Mazzone. That section also states that ... [Inaudible.] [Interjections.]
The CHIEF WHIP OF THE OPPOSITION: Point of order, House Chair.
The HOUSE CHAIRPERSON (Mr C T Frolick): Order hon member. Hon Zuma, will you take your seat please? Why are you rising, hon member?
The CHIEF WHIP OF THE OPPOSITION: Hon House Chair, I was referred to as Mazzone. I thought I made it perfectly clear yesterday that you can call me Tashie or hon Tashie, but hon or Mrs ... who you will.
The HOUSE CHAIRPERSON (Mr C T Frolick): No, no, I won’t allow you to be called Tasha either. You will be called the hon Natasha or the hon Mazzone. Let’s leave this thing of Tasha now.
Ms A S ZUMA: Okay thanks, House Chair. Hon Natasha. That section also states that the work ... [Inaudible.] ... must be designed and implemented to further diverse ... based on equality, dignity and respect of all people, Natasha.
The CHIEF WHIP OF THE OPPOSITION: Point of order.
Nk A S ZUMA: Uyena oshilo. [Ubuwelewele.]
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon Zuma. Yes, hon member?
The CHIEF WHIP OF THE OPPOSITION: The hon Zuma needs to realise that I will continue calling points of order until she calls me hon Natasha or Mrs Natasha.
The HOUSE CHAIRPERSON (Mr C T Frolick): Yes, please. Thank you. Thank you. Please refer to the hon member as hon.
An HON MEMBER: You are wasting our time!
Ms A S ZUMA: House Chair, sorry?
The HOUSE CHAIRPERSON (Mr C T Frolick): I said refer to the hon member as hon.
Ms A S ZUMA: Okay. Reasonable accommodation for people from designated groups must be created at the workplace to ensure that they enjoy equal opportunities and are equitably represented. This is what is opposed by parties such as the DA and FF Plus. They are antitransformation parties that fight tooth and nail for the status quo to remain, even going as far
as opposing what is entrenched in the supreme law of the country — the Constitution.
Equality is a fundamental human right and a matter of global and public concern. The Constitution of the Republic of South Africa entrenches the need to eradicate social and economic inequalities, particularly those that stem from our history of colonialism, apartheid and patriarchy, which brought pain and suffering to the great majority of South African citizens, in particular black people. Eish!
Despite the fact that the Bill of Rights, in section 9 of the Constitution, provides that everyone is equal before the law and that equality includes the full equal enjoyment of all rights of freedom, discriminatory practices are still rife in the workplace, and may I add, generally in South African society. The resistance of employment equity in the labour market is felt by those who are in workplaces; those who come in to claim their place in the world of work.
The employers, represented by management ... covered ... fight the implementation of employment equity while paying lip service to the need for transformation. The slow pace of transformation in the labour market shows that there is an
average of one percentage point per annum in the movement from the white population to the black population at strategic decision-making levels of organisations.
The Minister emphasises the point that, indeed, self- regulation is failing the transformation agenda in the labour market. Therefore, in order to turn the tide and expand it, the pace of economic transformation during our lifetime ...
This Employment Equity Bill we are debating today should be seen as a well thought, carefully considered intervention by lawmakers to accelerate transformation in the labour market. We cannot continue to ignore the fact that there is growing unease with the state of transformation in South Africa from employees themselves and the general public as a whole. South Africans are losing patience with the slow pace of economic transformation, and when that patience is completely depleted, consequences will be dire and all of us will not afford ...
Legislation demands transformation but it is powerless in changing the subtle power dynamics around these matters, especially if legislation, like the Employment Equity Act, is premised on the basis of self-regulation. Today, we are changing that. Therefore, unless employers buy into the spirit of the law, economic transformation of the labour market will
take more than a lifetime to be realised by the greater majority of our people. As this House, let’s pass this Employment Equity Amendment Bill to ensure that as a legislature we become a mouthpiece of our people who mandated us to represent them with honesty and protect their constitutional rights to equality. Through the passing of these amendments, we would have contributed positively, building a conducive environment where all the people, irrespective of their race, colour, gender, sexual orientation or disability, to mention a few, are able to fully share in the wealth and fruits of our democracy, to create a better life for all, hon Mazzone. I thank you. [Laughter.] [Applause.]
The MINISTER OF EMPLOYMENT AND LABOUR: Chairperson, thank you to the members who have supported the Bill and I’ve listened carefully to those who do not support. Self-regulation has not worked. There is a need for decisive intervention by the state to leverage transformation of the labour market. Only those who wish to entrench the inequalities of the past and profit off the backs of vulnerable groups of workers, are opposing this Bill.
For those who wish to move forward with the goal of a fair and equitable market, we will always urge you to support all our actions, especially with regard to this Bill.
I’ve heard a lot coming from hon Cardo and from hon Denner. By the way, studies by international bodies like the Organisation for Economic Co-operation and Development, OECD, the World Bank and the International Labour Organisation, ILO, agree that South Africa’s labour market is not particularly rigid.
Calls for the deregulation of the labour market are not new. They were there when we started with the Labour Relations Act. The notion that South Africa or the South African labour market is overly rigid is a perception largely felt by the right-wing opposition parties and sections of capital. This comes from employers who never got over their loss of control in 1994, and the implementation of a Constitution and legislation which guaranteed human and labour rights.
In relation to the Employment Equity Amendment Bill, we cannot continue with the apartheid legacy of discrimination against blacks, women and people with disabilities in the labour market. Transformation is fundamental in our Constitution.
Gone are those days.
In relation to the Compensation for Occupational Injuries and Diseases Amendment Bill, I must also emphasise — because they go together — that the provision of the basic social security safety net for workers is a basic right which will continue to be rolled out to ... [Inaudible.] ... groups of vulnerable workers. I thank you, Chairperson.
Question put: That the Bill be read a second time. Division demanded.
The House divided.
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon members in the Chamber, will you take up your allocated seats? Please take up your allocated seats, hon members. Hon Mashego, will you take up your allocated seat, please? Thank you.
Hon members, the Speaker has determined that, in accordance with the Rules, a manual voting procedure will be used for this division. Firstly, in order to establish a quorum, I will request the Table to confirm that we have the requisite number of members physically present in the Chamber and on the
virtual platform to take this decision. Party Whips will then be given an opportunity to confirm the number of their members present and indicate if they vote for or against the question. A member who wishes to abstain or vote against the party vote may do so by informing the Chair. We will now firstly establish the quorum.
Hon members, I have been informed by the Table Staff, having checked the number of members in the Chamber and those on the virtual platform, that we do not have a quorum. We only have
188 members present and therefore we cannot proceed to take a decision on this division that has been called. The vote and decision will be deferred. Hon member?
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Hon House
Chairperson, I just want to put this on record. There are those parties that supported the Bill. They did it on the platform for the sake of electioneering, and they decided to log out so that we don’t pass this Bill which will transform the situation of workers. So, it’s quite embarrassing because we had the EFF. We have the ANC which has 168 members plus the number from the EFF and other parties, and the DA had also ... [Inaudible.] I’m still on the platform! I’m still on the platform! [Interjections.]
The HOUSE CHAIRPERSON (Mr C T Frolick): Order, hon members. Just calm down. Calm down.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: The DA and EFF
supported ... [Interjections.] ... but they logged out. So, these parties are hypocrites!
An HON MEMBER: Hypocrites!
The HOUSE CHAIRPERSON (Mr C T Frolick): Thank you, hon member. Thank you, hon member.
The CHIEF WHIP OF THE OPPOSITION: On a point of order.
The HOUSE CHAIRPERSON (Mr C T Frolick): Yes, what’s the point
of order, hon member?
The CHIEF WHIP OF THE OPPOSITION: House Chairperson, thank you very much. It is imperative for Whips to know the Rules of the House and it is certainly not the responsibility of anyone but the governing party to maintain the quorum in the House. If the Whips of the governing party can’t do so, then I suggest they look to themselves and ask why they cannot pass a piece of legislation. However, while I’m on my feet, allow me to say
categorically and for the record that the DA opposes this piece of legislation.
The HOUSE CHAIRPERSON (Mr C T Frolick): Thank you, hon members from the ANC and the DA. The question is deferred, so there’s nothing to debate and discuss any further.
Ms H O MKHALIPHI: Chairperson? Chair, I’ve also called a point
of order. I thought you were going to recognise me.
The HOUSE CHAIRPERSON (Mr C T Frolick): I’ve recognised you
now, hon member. What is your point of order?
Ms H O MKHALIPHI: Thanks, Chair of Chairs. I just want to put it clearly on record that we as the EFF support this Bill and what the Deputy Chief Whip of the ANC is saying is not true. So, she must go back to her drawing board. We are supporting this Bill because we want our workers to have better conditions where they work. However, coming here and claiming that the EFF has logged out from the platform is not really true. She must not talk like that because we are not going to tolerate what she’s doing now.
The HOUSE CHAIRPERSON (Mr C T Frolick): Thank you, hon members. Hon members, let’s continue to the Sixth Order. The secretary will read the Sixth Order.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON HUMAN SETTLEMENTS, WATER AND SANITATION ON OVERSIGHT VISIT TO LESOTHO HIGHLANDS WATER PROJECT, LESOTHO
Moh M R SEMENYA: Modulasetulo wa Ngwako wo o hlomphegago, le Maloko kamoka a Palamente, re a le dumedi?a mathapameng a lehono. Re le Komiti ya Photfolio ya Bodulo bja Batho, Meetse le Kelelat?hila ya kgale, re mo go tla go feti?a pego ya tekodi?i?o yeo re ilego ra e t?ea go ya Lesotho.
Access to sufficient water should be afforded to everyone as accorded in the Constitution of the Republic in section 27(1)(b) which states that everyone has the right to have access to sufficient water. Section 27(2) requires the state to take responsible legislative and measures within its available resources to achieve the progressive realisation of the rights. In the Sixth Parliament, the Department of Human Settlements, Water and Sanitation had played an effective and
efficient role in ensuring that access to water is equally distributed.
Afrika-Borwa ke naga yeo e lego gore ga e na meetse. Bjalo re swanet?e re bone gore meetse a ge re a humane re a a hlokomela, ra ba ra a patela gore a dule a le gona ka malapeng gore molao wo wa Molaotheo o kgone go phethagala maphelong a rena re le batho.
National Development Plan as one of the guiding document of South Africa, recognises the importance of equitable and secure access to water and sanitation as a catalyst for socioeconomic development. The then Portfolio Committee on Human Settlements, Water and Sanitation conducted an oversight visit in Lesotho from 4 to 8 May 2021. The oversight visit was a success as the committee achieved the objectives that were set out despite the COVID-19 restrictions.
The Lesotho Highlands Water Project is a binational water transfer and a hydroelectricity generation project between the Kingdom of Lesotho and the Republic of South Africa. It is a product of a treaty between these two countries signed in
1986. The treaty catered for the project design, construction operation, maintenance and water transfer for phase 1. The treaty was amended in 2011 to cater for phase 2. It is an African success story based on peaceful co-operation and mutual beneficial socioeconomic development.
It provides hydroelectricity to the Kingdom of Lesotho and the much-needed water to South Africa. It is a lifeblood of South African water needs. It also assists South Africa to meet its international commitment such as global sustainable development goals, particularly the Sustainable Development Goal, SDG, 6, that talks to availability and sustainable management of water and sanitation for all.
It demonstrates the practical implementation of the integrated water resources management and transborder co-operation. It also relates to African Union Agenda 2063 goal on socioeconomic integration pertaining to the trade and the movement of the people, amongst others. Gauteng province’s abahlali basemjondolo [shack dwellers] depends on this project for its water requirements as approximately 40% of Gauteng water needs are satisfied by this project. It is a flagship within Southern African Development Community, SADC, revised protocol which is premised on regional economic integration
for peace and prosperity. It seeks to secure water for South Africa while providing energy security for Lesotho in the form of hydropower electricity. Therefore, it is a water and energy security bilateral agreement. The project also assists Lesotho to transition to low carbon economy as hydropower electricity does not emit greenhouses gases that causes climate change.
In summary, the work done in phase 1 ... [Time expired.] We support the report, and abahlali basemjondolo [shack dwellers].
... a re hlokomeleng meetse ?eao.
Declarations of vote:
Mr L J BASSON: Thank you House Chairperson, the Portfolio Committee on Human Settlement, Water and Sanitation in the Fifth Parliament attempted to do oversight visits to the Lesotho Highlands Water Project, but was politically blocked by the ANC’s Nomvula Nonkonyana. The only side trap to the Lesotho Highlands Water Project was preceded by considering
... [Inaudible.] ... of the Fifth Parliament and a new pressure to proceed with long standing overdue oversight.
The Lesotho Highlands Water Project is binational transfer project between the Kingdom of Lesotho and the Republic of south Africa. The treaty was signed between the two countries in 1986 and amended in ... [Inaudible] ... with project, was one of the largest engineering projects as it inception in 1986. The project ... [Inaudible] ... Civil Engineering Award on the most outstanding civil engineering achievement of the century in 2006.
Phase one of the project included 185 ... [Inaudible] ... and it was completed in 2004. Phase two started in 2014 and in the end the Lesotho Highlands Water Project ... [Inaudible] ... and work across the works, constructed between the two countries. This project will transfer about 2000 million cubic litres of water from Lesotho South Africa every year.
Oversight visit was to evaluate the Lesotho Highlands Water Project, physical assessment of Katse Dam, the Polihali Dam, that is under construction and other associated advanced infrastructure ... [Inaudible] ... involved establishing the formal relationship with the Lesotho Parliamentary Committee that deals with water and sanitation in Lesotho.
Under phase three of the construction ... [Inaudible] ... and advance infrastructure, including access and feeder roads, bridges, power and communication lines. It is estimated that the construction of the Polihali Dam, will take five years and the filling of the dam will take approximately two years ...
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon member, I think you are experiencing connectivity problems, is there perhaps another member who can assist the member to complete the speech?
Mr L J BASSON: ... the committed budget to complete phase two is calculated at R32,5 billion, the R3,46 billion spent as of February 2021. The funding requirement for the ...
The HOUSE CHAIRPERSON (Mr C T FROLICK): Hon member, it seems to me you have connectivity issues. I was asking if there was no other member of the DA, either in the House or on the platform who are in the position to assist you.
Mr L J BASSON: House Chairperson, can you hear me now?
The HOUSE CHAIRPERSON (Mr C T FROLICK): I can hear you now.
Mr L J BASSON: I apologize House Chairperson.
The HOUSE CHAIRPERSON (Mr C T FROLICK): That’s fine.
Mr L J BASSON: House Chairperson, the general public and communities’ expectation remained a big challenge for the project, as communities expect instant improvement to their living conditions while the political principal expect the project to meet the needs of all the communities.
Compensation remains one of the key challenges as communities feel like compensation moral is unfair while others expected the compensation when they have lost nothing to this project. Committee received high level briefing from South African High Commission, Lesotho Highlands Water Commission and the Lesotho Highlands Development Authority.
The South African government pays royalties directly to the Government of Lesotho for the water we transfer to South Africa. The payment for royalties will run up to 2044 and thereafter the payment will be on the actual volume of water consumed. In the 2021 financial year South Africa pay
R1,1 billion in royalties to Lesotho.
House Chairperson, despite delay of this project, the DA congratulates the Department of Human Settlement, Water and Sanitation, men and women from South Africa and Lesotho who worked in harmony for more than three decades. This project will still continue for many years to come. And will increase the water stability in South Africa and prosperity to the people of Lesotho. The DA supports the oversight report. Thank you House Chairperson.
Ms M R MOHLALA: Thanks, House Chairperson, I am not going to switch on my video show, I am experiencing a network problem, Thank you. House Chairperson, during our oversight visit as Portfolio Committee on Human Settlement, Water and Sanitation to Lesotho. We evidenced many things which exposes the ruling party’s incapacity to lead and take this country to the right direction. As a Portfolio Committee on Human Settlement, Water and Sanitation we took a visit to Lesotho on 31 May 2021, which was logistically arranged by the department.
The very same department and the Trans-Caledon Tunnel Authority, TCTA, the entity that reports directly to the department raising sponsor for this project were not there. They shine in their absence on oversight visit to Lesotho. It was such an embarrassment because no senior staff to oversee
project, were present to speak on the role of South Africa’s
involvement in the Lesotho Highlands Water Project.
House Chairperson, the Department of Water and Sanitation and the TCTA show no respect to the people of South Africa but instead, they get favourable support and get defended by the members of the ruling party in this portfolio committee. The oversight visit to Lesotho is regarded as fruitless and wasteful expenditure because the department was not there to account on the project, and what caused the delays on the completion of this project.
Legitimate questions raised via the portfolio Chairperson of that time, Mme Rosina Semenya remained answered because we were made to believe that the department and TCTA will come to the portfolio committee to account on the visit. Shame to the ANC-led government and for still using the apartheid signed treaty of 1986, 27 years after the dawn of democracy, this is the sign that the ANC believes in neoliberal ideology.
Contestation of land of resource, poor household to build large water and sanitation bulk infrastructure without ongoing due diligence, is clearly the trademark of the ANC-led government. As seen in the build of the Nandoni Dam, and in this case the Lesotho Highlands Water Project.
There’s also an emerging issue with regard to the issue of royalties from the Department of Human Settlement, Water and Sanitation through the TCTA. This relates to royalties being ceased by the court order by the German company, who alleged that the Lesotho government has failed to pay them for the work done on hydro power project. And still our government is quiet on this matter, how will it be addressed.
Governance, budgetary and compliance supply chain management on Bulk Water and Sanitation Infrastructure Project in South Africa has been mired in allegations of corruptions and maleficence which caused increases and delays. Due to politically motivated interference in supply chain and procurement challenges. The department must do deep introspection. On future build water and sanitation infrastructure project or it would never see the completion of the already overdue Umzimvubu Dam. The EFF rejects this report. Thank you.
Ms S A BUTHELEZI: Thank you, hon House Chairperson, water remains a scarce resource in South Africa. It’s important and so critical to our survival that all reasonable and lawful steps must be carried out to ensure that the present and future generations of South Africa have access to an adequate
supply of clean water. The availability of clean water, ensure us the protection of the host of the constitutional rights including the right to life and human dignity, access to water is a right in itself.
In this context the oversight visit under phase two of the Lesotho Highlands Water Project represents a commitment to ensure adequate supply of clean water. The fact that it has been possible for members of this Parliament to undertake an oversight visit of this project in a foreign jurisdiction is an example of South Africa’s success in peaceful cooperation and engagement in mutual beneficial socioeconomically development with other states. In this regard we should express our gratitude to the people of Lesotho.
As the IFP we are in support of the water project, not only because it brings about access to water to South Africa, there by mitigating the possibility of a zero day, but also because the project will result in the construction of a Polihali Dam and the subsequent generation of much needed electricity. In implementing this water project, we need to be mindful of several issues that could affect the viability of the project and the environment. These include environmental mitigation measures, funding, budget allocations and taxes. It also
includes issues that strike at the core of human rights, such as displacement of persons and their compensation for resettlement as result of this project.
As the government navigates the implementation of the water project, there’s a need to also attend to bilateral issues that could pose a challenge to the project’s role out. These issues include challenges with the issuing of water permits for skilled workers and the stumbling blocks created by alluvial diamond licences. These issues will require diplomatic engagement by the Department of International Relations and Cooperation. Thank you, House Chairperson.
Mr S N SWART: Thank you House Chair. House Chair the ACDP will support the report and we wish to thank the members of the portfolio committee for conducting this very important oversight given the water supply [Inaudible.] in South Africa. We also wish to thank the people of Lesotho for their corporation with South Africa in this regard. I thank you.
Mr X S QAYISO: Thank you Chairperson. I think I just need to deal with two issues that hon Mohlala has said not at the end but now. As a matter of fact, I think the House and the people at home should know that for you to call the department to
come and account on anything that might have happened on the oversight, you must first present the report in this House as we are doing today. After that, then the process will follow. I would not be surprise why Mohlala does not understand that because he is a member of the EFF.
The second point is that the issue of royalties in Lesotho, we as the hon Leon has said, we agreed amongst ourselves at a recommendation level to say that we still want to change the Treaty because the Treaty is a 1986 Treaty amended in 2011. It does not speak to today’s politics. Therefore, we are going to have to go back as countries and not as departments to amend the Treaty to speak to that which hon Mohlala has spoken to.
We have even agreed in the committee, that’s why the hon Leon has said that. We have all agreed and eve said that the department has an agreement so we do not understand why it is an issue.
The ANC find it very important to support this report of water and sanitation. This has been the ANC’s goal since 1994. The ANC’s 54th National Conference has also given us that mandate to give water as a public good.
The Lesotho Highlands Water Project, LHWP, is very important for socio economic development not only for South Africa but also for Lesotho. Clean water is very critical for the wellbeing of all South Africans whilst infrastructure and technical skills support is also critical for the success of that particular project.
This significant project which demonstrates the potential economic development which can be stimulated when the African continent is socially and economically integrated. The fact that this project contributes 4% of the Lesotho gross domestic product, just indicates the need thereof for this project.
In order to effectively deliver capital expensive project, technical skills are required within government to prepare and manage such projects. The partnership between the South African government and Lesotho is very vital in this regard as the briefing by the Lesotho Highlands Water Commission will speak to it from the Treaty of 2011 popularly known as phase one and article 10 of 11 of that particular phase one.
Furthermore, in relation to the recruitment of personnel, preference shall be given to the Lesotho nationals, South Africa and SADC members states.
Why SADC, it is because among the agreement that we have signed in the Treaty, is that there must be a neutral body that does not benefit from this water. Therefore, you need people that are not from the two countries which South Africa and Lesotho hence we are saying what we are saying.
Included in the presentation of the Lesotho Highlands Water Project is the cost of water transfer features, project covariance model of the Lesotho water project phase two, the accountability from work which features the LHWP phase two.
Environmental mitigation measures displacement and why displacement, let me explain this thing. We have relocated people from where they we living to somewhere else because of where we have built these bridges and dams. So, those particular people that were settled out of where they lived are being compensated for that.
Of course we have people that we never affected by the process who now want to be compensated but the amendment of Treaty will deal with those particular issues.
We welcome and appreciate the phase two progress. The contracts awarded for consultancy services and consultation
work were welcome. The reconstruction of diversion tunnels and civil works stood at 80% and the civil works at Pulihali Permanent Village at 90% and the roads are standing at 40%.
The main work is estimated to start in January 2022. It is for this reason that in the process of us working, we as a committee have recommended that aimed at addressing the challenges, the chief amongst them is the urgent need for an engagement on the Treaty with the Lesotho parliamentary committee to consider the Treaty and identify areas that need to be amended in order to align the Treaty with the current economic needs of the two countries.
This should be followed by a briefing by the Department and the CTA On the Treaty. Let me just say, it is not necessarily true that both the CTA and the department were not present in the department. They just send people who did not help the process but did send it.
It for that reason that the department and the CTA must come and account but they did go to the oversight. It’s just that the people that were there were not helpful.
Lastly, this project is a livelihood for South Africans and Basotho and such that it cannot be allowed to fail as it ensures water and energy security for our people and the two countries, South Africa and Lesotho.
It is for this reason that we will want to support the report and be allowed that to go back and deal with the issue of the Treaty and the amendment thereof in order for it to speak to today’s politics. Thank you very much Chairperson.
MOTSOKASEPHADI YA KA SEHLOHONG WA MOKGATLO O BUSANG:
Modulasetulo, ke tsitsinya hore tlaleho ena e amohelwe ka hara Ntlo. Ke a leboha.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON PUBLIC WORKS AND INFRASTRUCTURE - OVERSIGHT VISIT TO PARLIAMENTARY VILLAGES (ACACIA AND PELICAN PARKS)
Ms N NTOBONGWANA: House Chair, hon members of the Portfolio Committee on Public Works and Infrastructure, hon members in
the House and on the virtual platform, and fellow South Africans ...
... molweni nonke ngale mvakwemini.
The Portfolio Committee on Public Works and Infrastructure is tabling to the House for debate and adoption, the Report on an oversight visit to the parliamentary villages. The visit was conducted on 04 November 2020, targeting Acacia Park and Pelican Park. The purpose of this visit was to gain insight into the prestige programme of the department and Property Management Trading Entity, PMTE which houses government property.
The specific focus of the visit was to assess the condition of the houses in which Members of Parliament reside. The committee wished to examine the renovations and maintenance work that was done and had to be done to ensure that members are not housed in pre-fabricated homes with asbestos roof which is detrimental to the health and is illegal in terms of the law. Part of the oversight to the parliamentary villages
was to assess safety and security measures and the issue of illegal inhabitants at the villages.
Since the advent of Covid-19 pandemic in South Africa, Parliament has had to continue functioning through hybrid sessions which require members to be in the House and others on digital or virtual platform. In this regard, the oversight was to assess the strength of information and communication technology systems for functional communication connectivity for members to perform their work optimally and from within the villages.
One of the things that forced us to look at this was the complaints that were raised by the members in almost all the parliamentary villages that they sometimes lose connectivity when they are debating in the House. The portfolio had, prior to the oversight, met with the officials of the department and SAPS who gave them a briefing on the state of the three parliamentary villages. On the date of the visit, the Acting Secretary of the Parliament briefed the committee on functional issues and the responsibilities of the Parliament in terms of the three parliamentary villages.
The Report which was ATC’d is detailed in relation to the occupancy level of the different villages. However, the critical issue in this regard, is that in Acacia Park Members of Parliament occupy 112 pre-fabs units some of which are on Eskom servitude, and all of them have asbestos roof though they are relatively in a habitable condition.
The department had registered a project. When we asked them about this, they indicated that they had registered the project but that project was still in planning stages to demolish those pre-fabs units. Maintenance is planned for 245 brick and mortar units at the cost of R88,9 million across the three parliamentary villages. As we all know, those who come from the villages, the work has started there.
Some of the brick and mortar units were found to be inhabitable. The first phase has commenced and was to be completed in March 2021. We can confirm ...
... umsebenzi uyaqhubeka ...
... on this project.
The Report raises a number of challenges which are experienced in the parliamentary villages which include among others, overcrowding, lack of cooperation to declare visitors, negligence and vandalism, and the lack of reporting on the day-to-day maintenance which is required. Some of these challenges are more serious in terms of ... We were also
informed there was a time when there was cable theft, abuse of alcohol and drugs, and dependents of tenants engaging in criminal activities.
SAPS also reported on the heightening of its services at parliamentary villages. Security deficiencies have been identified and are captured in the Report. Work has commenced to improve the security of the villages. A case in point is the functioning of those phones where you can report something at the gate. We were told that they are functioning and we can confirm on that, as well as the issue of the alarm.
A serious issue is ICT in this age of virtual meetings. All the villages have serious challenges of connectivity. The department and Parliament in this case, had overlapping responsibilities on this but the portfolio committee felt that it is the responsibility of the department to ensure that there is optical fibre in the villages or Wi-Fi. A
recommendation is that this has to be done as soon as possible. In fact, it should be done as in yesterday, as connectivity to internet in this age of virtual meetings is the order of the day.
The Report also makes important recommendations some of which are already being implemented, such as ensuring accountability and holding tenants liable for any damages to state property; ensuring that the Parliament Village Board is functional and works with SAPS to ensure that there is order, and rules and regulations are compiled by all those who are staying in parliamentary villages.
Part of ensuring cost-savings in the electricity is installation of solar geysers and panels in villages. The portfolio committee also recommended that it has to be provided with regular updates on progress made on the upgrades in all these villages. We have seen that the department has started work but we feel that there’s still a lot to be done.
The Portfolio Committee on Public Works and Infrastructure adopted this Report and hopes that the National Assembly will adopt this Report and the implementation of its recommendations. I thank you.
Declarations of vote:
Ms S J GRAHAM: House Chairperson, it has been 10 months since we undertook the oversight visit on which this report is based. Three months later the report was adopted by the portfolio committee at the meeting on 17 February 2021. That was seven months ago.
Seven months which has seen a much decline in a state at Acacia Park, the grounds are unturned; the grass is pulley much considered defeat to the winds, which are out of control and when the wind blows, and let’s be honest that’s pretty much constant in Cape Town. My house sound like a harrow movie with the burg eviller outside my kitchen door attempting to gain entrance. I can barely open the door with each push the burg eviller pushes back. [Laughter.] Colleagues have arrived home to find their drive ways with eco deepen leaves and the ever neglected is palpable.
One will be half pressed to believe that this park is home to Members of Parliament. There are municipal caravan parks in better condition. On the positive note, the access control of the parks has been upgraded to make it serve with access cards. Discipline should be working well.
In addition, the refurbishment of the back and water houses is progressing. However, none elite to this fact because our colleagues have recently moved out of their houses for what it means. It is not because we have been provided with regular update on some of the progress by either the Minister or the department as per the recommendation is contained in the report. And before the delay in the adoption of the report by this House can be blamed, the completion of the report stipulates that many of the recommendations can be implemented without reaching for Parliament to adopt.
In fact, the recommendations call for a number of report to be made to the portfolio committee in respect of the parliamentary villages. Some are solving and some quarterly and it seems we are not receiving a single report to be stipulated. Meanwhile we had to align parliamentary questions to give the information we need to continue with our oversight flow. When such question asked by my colleague, hon Hackling, on the alarm systems revealed that the department spend an access of R32 million on upgrading the alarms at all three villages in 2015. Our oversight revealed that the system is not functional optimal in most cases and certainly not functioning at all at others. Where is the value for money?
Another question revealed that a budgetary amount of
R55 million has been allocated for maintenance and repairs for the parliamentary villages this for financial year. Given that R300 million was spent in the villages for Fourth Parliament and R163 million in the Fifth Parliament, the prime budget for maintenance has been below the average spend and the result of this cost cutting measures are obligingly evident. Even at only R25 million, we are receiving value for money.
The debate over the responsibilities for the fitting out and management of the Jims in villages speaks of the bigger issue than a mere waste lines of members. It highlights the lack of clarity around the mandate of the Department of Public Works and Infrastructure and Parliament in terms of the prestige projects.
As a result, it has raised concerns that the role of Parliament has been fulfilled without any oversight by the portfolio committee are matters pertaining to prestige programme. The implications of these are that there may be unnecessary duplication of deliverables which could negatively impacted Parliament financially.
One of the problem with the management of the Parliamentary villages by the Department of Public Works and Infrastructure emanates from a lack of a Public Regulatory Framework. When is the policy around the management of accommodation which will provide standard operating procedures regarding matters such as Coro meter, safety, financial ICT regarding maintenance and others? The policy if it does actually exist is clearly not been implemented and that means this department is not doing its work properly.
Minister de Lille in her capacity as executive authority is the policy champion of the Department of Public Works and Infrastructure and her failure to ensure that policies has been developed and implemented is creating the haphazard approach to accommodation management by the department.
The parliamentary villages may seem to many to be a vanity project and is struggling to pay the Members of Parliament and the cost associated with the up keep maintenance and refurbishment of the parks are extraordinary. And the main issue here is actually whether or not government is getting value for money in terms of the preservation of its assets.
Minister de Lille has custodian of the government Immovable Asset Management Act is designated as the caretaker of government own immovable property. And while I understood that parliamentary villages inhabited entirely by opposition party members is not as good for politicking pre-election housing projects and highways for Minister is still legally obligated to ensure that they are properly maintained. The Minister and her team must do better. We support the adoption of the report. I thank you.
Mr T M LANGA: Chairperson, R88,9 million was budget for renovations across all three villages. But there is no value for money and this is precisely what we warned about before all these renovations started. All we saw was another attend scheme to fundraise for the ruling party and cronies.
If the Department of Public Works and Infrastructure had internal capacity as we have proposed, we would not be sitting with this wasteful expenditure. What is worse is that houses that needed serious maintenance were left out.
In 2020, the committee was briefed on plans to demolish pre- fabricated units and replace them with solid brick houses, which never materialised. However, these houses were the ones
renovated. Therefore, Members of Parliament living in pre- fabricated houses are left to be exposed to units that are falling apart and the presence of mould can be seen on the walls leading to hair greases. Free fabricated houses are not habitable and constant calls must be made for repairs.
Residents are exposed to a wood worms that constantly surface in a danger to members who stay with toddlers. The living conditions are not conducive, let alone for Members of Parliament but anyone. Curtains have not been changed nor replaced and curtains are torn. When we made a follow up with the officials on site we were told that there were no curtains and that there will be replaced with blinds. To date, none has happened.
Villages resembled a ghost town and there is no maintenance of the grounds. Since the whole contact was terminated, it is a struggle when maintenance must be made. Sometimes it takes more than three days for simple things to get fixed. Yes, Chair, it might be funny to you. Many other things point to corruption, for example, cupboards were replaced when it was not necessary. High security lunches were removed and replaced with poor quality ones. Electricity chipping do not ... [Inaudible.] ...
As Parliament we must be decisive and find more practical ways to accommodate Members of Parliament. As the EFF, we have proposed many ways this can be done, including housing subsidies. The issue about the accommodation is high while black people are in allowed in certain areas must be a thing of the past and we should not continue to waste taxpayers’ money. The EFF has reject this report. Thank you, Chairperson.
The HOUSE CHAIRPERSON (Mr C T Frolick): The IFP? The IFP? Or
are you arguing you live in the parks?
Mr M HLENGWA: No Chair, there is a member on the virtual so I was just trying to check whether there was ... [Inaudible.]
The HOUSE CHAIRPERSON (Mr C T Frolick): Okay.
Mr M HLENGWA: So ...
Sihlala khona, Sihlalo. Sihlala khona impela.
Hon Chairperson ... [Interjections.]
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon members? Continue, hon Hlengwa.
Mr M HLENGWA: Thank you very much, hon Chairperson. The National Council of Provinces held the Ministerial briefing on infrastructure development this week. During the briefing, participants and stakeholders have agreed on the importance of infrastructure and its role in realising our developmental plan in turning the economic reconstruction and recovery plans objectives.
Therefore, it is appalling that the portfolio committee report conveys the lack of co-operation by residents while the Minister of Public Works and Infrastructure, Minister Delille, mentioned the disrespect shown towards the SA Police Service Offices working in the Parliamentary villages.
Chairperson, the challenges mentioned in the report, negligence and vandalism such as the burning of kitchen top floors and curtains, cable theft and unruly behaviour suggest recklessness and lawlessness. More concerning is that such damages will require state funds which state could have used for developmental initiatives to be redirected towards rehabilitating parliamentary villages.
By much this year more than R1 million has been allocated by the Department of Public Works and infrastructure towards renovations and demolishing some homes. The expenses mentioned and those expected to come could be reduced by encouraging lawlessness and accountability especially to the taxpayers maybe personal cost have to be a thing to be introduced as well.
Should the same perspective intervention propose in the portfolio committee do not stipulate the specific measures to be adopted to deter unruly and disruptive behaviour. Without articulation of the way forward to the propose interventions maybe is accessible to existing challenges. Therefore, the IFP suggest that the portfolio committee must provide clear measures and deter lawlessness what specific accountable measures have they or will they consider?
Finally, the issue of housing remains the most concerning in the country with the significant part of the population living in informal settlements. The challenges reported in Acasia Park and Pelikan Park reflect embarrassing, selfishness apart from operational challenges, cautiousness and respectfulness for state-owned infrastructure is also an absolute essential and of course the need for us to have a full scale debate
about the changes into which to happen about parliamentary and accommodation. Having said that, Chair, the IFP support this report. I thank you.
Mr S N SWART: Hon House Chairperson the ACDP supports this report. We appreciate the oversight visit and the fact that a lot of the deficiencies were highlighted. Although the report took place some time ago. I think what is also important to add that the issue of maintenance at the parliamentary has also received much attention in the Chief Whips Forum. In addition, House Chairperson Boroto and the Members Facilities Support Committee are doing amazing work as well in this regard.
Whenever, we have a challenge in the ACDP House Chairperson Boroto does respond to it very quickly. We are very grateful to that.
So as there as much to be done on the issue within the villages, I think we need to at some stage address the overlapping between the work that the portfolio committee is doing, the work that the Chief Whips Forum is doing and the work that the Members Facilities Support Committee is doing. The need then for the Minister of Public Works and
Infrastructure is in a dilemma to do what she actually accounts to. So, I think we need some clarity on that regard. There can be a lot of overlapping and accountability takes place.
With that being said, the ACDP supports this report. I thank you, House Chairperson.
Ms S R VAN SCHALKWYK: Hon House Chairperson, hon Ministers and Deputy Ministers, hon members, and fellow South Africans, the ANC supports this report. As we now celebrate a Heritage Month, we are however faced with so many threats disturbing the peace of some who live in our beautiful country. We are Africans. Whilst we are Africans, we must realise hon members that we have a particular role to play in our beautiful country.
It is not about the clothes that we are wearing or the cultural beliefs we are practising. It is not either about whether you thetha, [Speak.] you bua, [Speak.] jy praat, [Speak.] of jy xwa dera and nama.
It is not about your race, your creed or your gender, it is not about the surname that you are carrying, it is all about
being proud citizens of our rainbow nation. It is about embracing each other with all our differences and being respectful towards each other.
Kom ons aanvaar en respekteer mekaar en bou mekaar as inwoners van ons pragtige reënboogland. Dit begin by lede van hierdie Huis.
Hon House Chairperson, the visit to the parliamentary villages is part of our oversight over this department’s mandate to ensure proper accommodation to Members of Parliament, MPs.
However, this part of the mandate is part of the larger job to accommodate government as a whole. The department that also accommodates the President, Ministers and the judiciary.
Our visit focus solely on the villages that are managed by the Parliamentary Villages Board, and that is chaired by the director-general of the department and the various management structures that serve our village.
It must be noted that there are three villages with 666 units occupied by 370 MPs and their family members. It is also
occupied by 257 sessional staff members who work for Ministers and Deputy Ministers and need accommodation when doing their work in Cape Town.
There are also 23 political support staff and four Department of Public Works and Infrastructure staff members that live on the premises. Domestic rooms are totalling 112.
The sessional staff form the largest component of nonmembers who occupy the villages. This important to note as the different components of occupants have different needs that may affect the manner in which the villages are managed. These are both in terms of which how each household is managed and secured to ensure the comfort of all that live in the villages. This illustrates the fact that the management of the villages and the housing units is more complex than it might seems at the first glance.
We are realising that regular scheduled management of all state buildings is important to ensure that buildings do not at the point of collapse threatening the safety of the occupants.
The reality also remains due to the fact that some of these Houses especially in Acacia Park, were built after the Second World War. These are serious structural issues, like drainage which cannot be fixed like routine maintenance.
The alarming system is that of the security of SA Police Service, SAPS, reporting several weaknesses at all three villages from a lack of intruder detection system to weaknesses in the perimeter walls also in terms of the height at the Acacia Park High School.
The general picture is that security in the villages need urgent attention. However, this also relates to the co- operation that is required between that Parliament has and that of the prestige unit of the Department of Public Works and Infrastructure.
The department do not have the responsibility for data cabling. Parliament as client department, has to ensure that these are installed. Some of these cabling limitations have an impact on the security status and what prestige and sub scanning cannot do.
The committee made certain resolutions that are important and is keeping a check on these. It said the department had to ensure that the Parliamentary Villages Board had to be fully functional so that it can work together with SAPS to maintain order in the parliamentary villages.
It had to ensure that trees overhanging the parameter walls preventing the intruder beams from functioning need to be cut and regularly maintained as they can be used by criminals to access the precinct. Vandalism of state property remain a point of concern. We therefore urge occupants to protect the property of the state because it was appalling that in some units, vandalism was very bad.
In the period we find ourselves on regular virtual meetings, we are challenged by the poor network connectivity as House Chairperson rightfully indicated. It is therefore that the Department of Public Works and Infrastructure collaborate with Parliament and report to the committee, its plans and its updates in progress in this regard to address the poor Wife connectivity at the parliamentary villages to ensure stable improved and fully optimal connectivity seeing that this new normal or virtual meetings and continuous COVID-19 infections will be with us for a longer period than previously expected.
Parliament’s management needs to report directly to the
committee on matters pertaining the villages.
Hon House Chairperson, there are prefered houses that needs intervention, but we realise that it requires resources not necessarily budgeted for. We therefore propose that alternative building methods which are cost and labour effective as per approval by Agrima SA, should be considered in a system to rectify these matters that are posing serious health hazards to the occupants.
Ons besef dat ons geweldig baie voordele het wat ons arm gemeenskappe geniet, te danke aan die sosiale sekuriteitsnetwerk, daargestel deur die ANC-regering. Ons het dus geen ander keuse as om ons nie te laat mislei deur persone en politieke partye wat cheap political points wil score [goedkoop politieke punte wil inwin] nie, maar vra ons kiesers om weer op 1 November vir die ANC te stem. Ek dank u.
The CHIEF WHIP OF THE MAJJORITY PARTY: Moved that the report be adopted.
Motion greed to.
Report accordingly adopted.
The House adjourned at 17:02