Hansard: NCOP: Plenary
House: National Council of Provinces
Date of Meeting: 13 Dec 2021
Summary
No summary available.
Minutes
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PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
Watch video here: National Council of Provinces Plenary:
The Council met at 10:05.
The Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS
The CHAIRPERSON OF THE NCOP: Hon members, allow me to begin by reminding all delegates that the rules apply and so do processes of the hybrid sitting. I would also like to make the following announcement, that delegates who are physically in the Chamber must connect to the virtual platform as well as inserts their cards to register on the Chamber’s system. They must switch off the sound of their gadgets. They must ensure that the microphones on their gadgets are muted and remain muted at all times.
They must use floor microphones. They must wear face masks at all times. They must occupy seats marked for that purpose, and they must at all times maintain a social distance of at least 1,5m from one another. Delegates must switch on their videos if they want to speak and to address the Chair. Any delegate who wishes to speak must use the “raise your hand” function or icon. All delegates may participate in the discussion through the chatroom. I am informed that there will be no notices of motion or motions without notice, and that being the case, we will therefore proceed and move on to the First Order of the day.
NATIONAL GAMBLING AMENDMENT BILL [B 27B - 2018] AND REPORT OF SELECT COMMITTEE ON TRADE AND INDUSTRY, ECONOMIC DEVELOPMENT, SMALL BUSINESS DEVELOPMENT, TOURISM, EMPLOYMENT AND LABOUR THEREON
Mr K M MMOIEMANG: The National Gambling Amendment Bill is one of the Bills that were not finalised by the Fifth Parliament. It was revived by the National Council of Provinces in the Sixth Parliament and referred to the select committee. We report that we are tabling the beginning outlines whose purpose is to amend the National Gambling Act of 2004 and to provide for the procedure for the forfeiture of unlawful winnings to the National Gambling Regulator. It also provides for the quorum to make a final decision in the second meeting with the majority of the members present in that meeting. It also ensures that there is the dissolution of the National Gambling Board and to provide for the establishment of the National Gambling Regulator. The process that was followed is as follows, and as indicatedit was revived by the National Council of Provinces 17 October 2019. The select committee was briefed on 16 July 2019. Between the period 18 to 27 November 2019 was set aside for briefing by the portfolio committees in the provinces. The number of errands that were raised during the divergent views from the committees are as follows, the provinces raised the concerns the establishment of the National Gambling Regulator without a board structure. The response to the concern was that the National Gambling Regulator is established in line with other entities of the Department of Trade, Industry and Competition. The Department of Trade, Industry and Competition entities had adopted the governance model of the board structures which experienced governance challenges. The National Gambling Board, with regard to those challenges has been met by an administrator.
The second concern was around the National Central Electronic Monitoring System. The provinces were concerned that the National Central Electronic Monitoring System which is currently monitoring limited payout machines, LPMs, will be extended to all modes of gambling. The provinces indicated that casinos and bingos already have their own monitoring systems and Provincial Licensing Authorities put the intention to extend the National Central Electronic Monitoring System to other modes of gambling to consolidate information throughout the country for all legal modes of gambling.
The National Gambling Board currently has an exclusive mandate over the National Central Electronic Monitoring System for the LPMs mode of gambling. This National Central Electronic Monitoring System is a national register as set out in the National Gambling Act and this function will ensure that the
National Gambling Regulator continues to work as a central
repository of gambling information.
The third point around the National Gambling Policy Council is
that the amendment empowers the majority of the members
present in the second meeting of the National Gambling Policy
Council to make a decision if in the first meeting there was
no quorum. Most of the provinces raised issues around this
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area. The fourth point that was raised by provinces was the
issues of autonomy and independence of the provincial
inspectorate, where national inspectors are allowed to
investigate without prior approval of the province and without
being accompanied by the provincial inspectors. Section 76A
provides for additional powers of the National Gambling
Inspectors that they may act with or without provincial
inspectors to investigate illegal gambling activities.
The final mandates were submitted with three provinces voted
in favour of the Bill, four provinces voting against the Bill
and two provinces abstained from voting. Eastern Cape
abstained from voting, Free State and Gauteng voted against
the Bill. KwaZulu-Natal abstained from voting. Limpopo,
Mpumalanga and Northern Cape voted in favour of the Bill.
North West and Western Cape voted against the Bill. The Bill
was not supported by the required number of five provinces. I
so table the report, national Chairperson. Thank you.
Debate concluded.
Declarations of Vote:
Mr J J LONDT: Hon Chairperson and hon members, I want to start
out by thanking and congratulating members across party lines
who, for the first time in a quite a while, voted in the best
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interest of their province which they represent. We might not
always agree with one another, but we are here in the NCOP to
represent our provinces.
In the past, colleagues from the ANC often voted according to
a party line, against what was best for the province they
represent.
This Bill showed how the NCOP should function. The majority of
provinces which exercised their vote mandated their
representatives to vote against this Bill. May this be the
start of how we do work within the NCOP by unapologetically
representing our provinces, irrespective of party lines.
We support the committee report that we reject the Bill. As
the Western Cape, we do not support this Bill. Thank you.
The CHAIRPERSON OF THE NCOP: Any other province wishing to
make a declaration? None. We shall now proceed to voting on
the question. The question is that the Bill be agreed to.
I now call upon provinces to cast to their votes. When called
upon to do so, heads of delegations must indicate whether they
vote in favour, against, or abstain.
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We will start with the Eastern Cape.
Mr S J MOHAI: Chairperson, I would like to rise on a
procedural issue.
The CHAIRPERSON OF THE NCOP: Go ahead, hon Mohai.
Mr S J MOHAI: Chairperson, the presentation from hon Mmoiemang
from the committee indicated provinces that supported and
provinces that did not support, and that therefore the report
that is presented here did not meet sufficient requirements
for the NCOP to either reject or adopt it. I thought that you
would be advised in terms of the procedure that is taken.
In our view, we believe that this Report would then be
presented to a further process that would be dealt with. It is
my view that it should neither be rejected nor adopted by the
House. It must be further referred to mediation processes so
that issues which are genuinely raised by provinces should be
responded to accordingly by the procedure that is taken. I
believe that it is a different procedure altogether that the
House has to follow today. Thank you.
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The CHAIRPERSON OF THE NCOP: I think it’s an important
comment. Perhaps the best way forward is to note the comment,
but proceed with the procedure. It makes for easy and logical
management of how we do things. [Interjections.] Yes, hon
member?
Ms C LABUSCHAGNE: Thank you, Chairperson. I agree with the
point of order raised by the Chief Whip. This Bill has been
brought to Council in December 2018, during the Fifth
Parliament. The votes were the same. So, in the committee ...
the committee didn’t pass the Bill because five provinces did
not vote on the Bill in the committee. It was then brought to
Council and referred back to the committee.
Now we are in the Sixth Parliament. This Bill has been brought
to Council under the same circumstances. I cannot see how it
can be referred back to the committee for the second time. So,
procedurally, we either have to vote on the Bill. That means
the Bill will be rejected by Parliament – by the NCOP.
Then, according to section 76 of the Constitution, the Bill
will next have to be referred to the Mediation Committee that
will have to approve it within 30 days, otherwise it lapses.
That is the same as Rule 175 in the Rules book. Thank you.
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The CHAIRPERSON OF THE NCOP: Okay. Another way of managing
this issue would be to say that the Bill has gone through
various processes. Clearly, as the Chief Whip said, it does
not have the necessary support. If the House agrees that we
should therefore refer this Bill to the next step in the
process ... and next step is that the Bill will be referred to
the Mediation Committee ... so it should go to a mediation
committee. Are we agreed?
Hon MEMBERS: Agreed.
The CHAIRPERSON OF THE NCOP: I guess what we are saying is
that it will go to the Mediation Committee, and that is really
on the assumption that the provinces have rejected the Bill. I
just want to emphasise that so that we don’t come back to this
point at a later stage. So, agreed? [Interjections.] Yes, hon
Londt?
Mr J J LONDT: Chairperson ...
The CHAIRPERSON OF THE NCOP: It’s just a technical point that
is being raised, and I am trying to take us through that. The
technical point that is being raised by the Table is really
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that the Bill can only be referred to the Mediation Committee
if it has not ... it has been rejected by the House.
[Inaudible.] ... that’s the point. I don’t want us to waste
time and repeatedly quibble over the point. But, the more we
have the same understanding, the better. So I am just
emphasising that. Hon Labuschagne?
Ms C LABUSCHAGNE: Chairperson, may I read the Constitution at
section 76, which ... [Inaudible.] ...
My mic is not working.
The CHAIRPERSON OF THE NCOP: Please turn the mic on.
Ms C LABUSCHAGNE: Okay, section 76(1)(d) states that:
If the Council rejects the Bill, or if the Assembly
refuses to pass an amended Bill referred to it in terms
of paragraph (c), the Bill and, where applicable, also
the amended Bill –
which is not applicable here –
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must be referred to the Mediation Committee, which may
agree on —
(i) the Bill as passed by the Assembly;
(ii) the amended Bill as passed by the Council; or
(iii) another version of the Bill.
Furthemore, section 76(1)(e) states that:
If the Mediation Committee is unable to agree within 30
days of the Bill’s referral to it, the Bill lapses unless
the Assembly again passes the Bill, but with a supporting
vote of at least two thirds of its members.
So, Chairperson, with all due respect, on a technical point, I
do agree that that Bill should not have been here in this
Council, at the committee stage, five provinces did not vote
it through.
But that Bill has been stuck in that committee in the previous
term. It is going to be stuck there because nobody wants to
change anything.
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So, now the Bill is here in this House and the only other way
that we can say is, if we say that the Bill has been rejected
– because it has clearly been rejected because it was not
passed – it has to be referred to the Mediation Committee,
according to section 76(1)(d). Rule 175 in our Rule book also
spells this out. The Mediation Committee has to either accept
it within 30 days, or, as a Bill, it fails. Thank you.
The CHAIRPERSON OF THE NCOP: Thank you very much. Rather don’t
make our situation more difficult. Hon Labuschagne is really
asking that we go the automatic route of referring this Bill
to the Mediation Committee. Her reasoning is that the Bill has
already been rejected at discussion and committee stage. So
...
Ms C LABUSCHAGNE: Chair, can I ...
The CHAIRPERSON OF THE NCOP: Do you want us to go through a
formal process?
Mr S J MOHAI: No, I want to call a point of order here. It is
not true that the Bill was rejected at committee stage. It was
not rejected. Let’s be clear. Let’s be clinical about it. Five
provinces did not vote on the Bill. It is indicated how many
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provinces supported the Bill, how many abstained, how many
rejected the Bill. That indication does not allow for a
decision to be made.
So, on what basis would be reject or adopt a Bill in the
House? We don’t have mandates to adopt or reject the Bill.
This was indicated in the committee.
So, your ruling, Chair, sought to end this impasse by
referring it to the unfolding of further processes. There was
no voting.
So I think we need to deal with it in the manner which we have already ... [Inaudible.] ... or defer the question on the
matter until the presidium makes a decision on it.
The CHAIRPERSON OF THE NCOP: I now want to make a ruling, hon members, to take us out of this difficulty that we seem to be
in. The ruling is that we shall go through the process.
[Interjections.] Yes, what is the point of order?
Ms C LABUSCHAGNE: Chairperson, the hon Chief Whip said that this Bill has not been rejected in the committee. The Rule states that five provinces have to vote in favour of a Bill.
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That is point number one. Five provinces in that committee did
not vote in favour of the Bill. Whether they abstained or not,
theirs was not a vote in favour of the Bill.
Then, the next Rule applicable to this legislation is, a Bill
has six to eight weeks to pass through the processes within
the NCOP and the provinces. If they want to get around that
period of six to eight weeks, the chairperson has to get
permission from the Chair of the Council for extension of the
Bill. That permission is not mentioned in the report; there
was no permission.
So, on which grounds are we sending this Bill back to the
committee for the second time around if we are not going to
say that this Bill is rejected?
The CHAIRPERSON OF THE NCOP: Thank you very much. We will now
proceed. Please, there is so much business that the NCOP has
to go through today. So we can’t discuss the same point over
and over again. I have made a ruling that we will follow the
process so that we end what is happening at the moment.
So I call upon provinces to cast their votes. When called upon
to do so, heads of delegation must indicate whether they vote
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in favour, against or abstain. We shall do in alphabetical
order.
The Eastern Cape?
An HON MEMBER: The Eastern Cape abstains.
The CHAIRPERSON OF THE NCOP: Free State?
An HON MEMBER: The Free State votes against the Bill.
The CHAIRPERSON OF THE NCOP: Gauteng?
An HON MEMBER: Gauteng votes against the Bill.
The CHAIRPERSON OF THE NCOP: Kwa-Zulu Natal?
An HON MEMBER: Kwa-Zulu Natal abstains.
The CHAIRPERSON OF THE NCOP: Limpopo?
An HON MEMBER: Limpopo supports.
The CHAIRPERSON OF THE NCOP: Mpumalanga?
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An HON MEMBER: Mpumalanga supports the Bill.
The CHAIRPERSON OF THE NCOP: Northern Cape?
An HON MEMBER: Northern Cape supports the Bill.
The CHAIRPERSON OF THE NCOP: North West?
An HON MEMBER: North West abstains.
The CHAIRPERSON OF THE NCOP: Western Cape?
Ms C LABUSCHAGNE: Chairperson, I rise on a point of order.
North West cannot change their mandate. Their mandate is to
vote against the Bill. They have to vote according to the
mandate given to them by the province.
The Western Cape votes against the Bill.
Mr S J MOHAI: We can ... [Inaudible.] ...
The CHAIRPERSON OF THE NCOP: We are talking North West.
Mr S J MOHAI: Okay.
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The CHAIRPERSON OF THE NCOP: We are trying to assist.
Mr S J MOHAI: I can help, Chair. I can help. I have the report
of the committee. North West is one of the provinces that vote
against the Bill. This brings us back to the original position
that the Bill should be referred to the Mediation Committee.
The CHAIRPERSON OF THE NCOP: Yes, North West?
An HON MEMBER: Thank you very much, Chairperson. Sorry. North
West votes against.
Mr J J LONDT: That happens when one trusts that member from
the North West!
Ms C LABUSCHAGNE: The Western Cape votes against the Bill.
The CHAIRPERSON OF THE NCOP: Thank you.
[TAKE IN FROM MINUTES.]
The Council rejected the Bill.
Bill referred to Mediation Committee.
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CONSIDERATION OF FINANCIAL SECTOR LAWS AMENDMENT BILL AND
REPORT OF SELECT COMMITTEE ON FINANCE THEREON
Mr E J NJADU: Hon Chairperson, good morning. As the Whip of
the committee on finance, Chairperson hon Carrim, I think –
hon Chief Whip, hon House Chairs, hon Deputy Ministers and
Deputy Ministers, and hon members of the NCOP, the report of
the Select Committee on Finance on the Financial Sector Laws
Amendment Bill, B15B – 2020, National Assembly - section 75,
dated 2 December 2021, just to give the background of the
Financial Sector Laws Amendment Bill forms part of the
Financial Sector Regulation Act or twin peaks regulatory
reforms introduced in 2011, which covers the conduct and
transformation of the financial sector.
As the National Treasury explained, the purpose of the
Financial Sector Laws Amendment Bill is to address banking
risks, failures and weaknesses and mitigate impacts of
financial crisis. It seeks to address the shortcomings of the
current financial legislation, partly necessitated by the
lessons learnt from the 2008-9 global financial crisis and
domestic experiences and to enhance the SA Reserve Bank, SARB,
financial stability mandate and to expand its objective for
depositors’ protection.
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It was further said that the South African lessons learnt from
the African Bank, Venda Building Society, VBS, Mutual Bank
demonstrated the need for additional powers during an
intervention and an explicit, privately funded deposit
insurance scheme to protect vulnerable depositors.
With regards to the process followed by the committee, on 7
September 2021, the NCOP formally referred the Financial
Sector Laws Amendment Bill to the Select Committee on Finance
for consideration and report, after the Standing Committee on
Finance voted on it.
Chairperson, the objective of the Financial Sector Laws
Amendment Bill is to amend the Insolvency Act of 1936, the SA
Reserve Bank Act of 1989, the Banks Act of 1990, the Mutual
Banks Act of 1993, the Competition Act of 1998, the Financial
Institutions Protection of Funds Act of 2001, the Co-operative
Banks Act of 2007, the Companies Act of 2008, the Financial
Markets Act of 2012 and the Financial Sector Regulation Act of
2017.
The Bill proposes that the process of resolution takes place
under the management and control of the SARB, which will be
the Resolution Authority. Resolution as defined by the
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National Treasury, refers to a process during which a
competent authority, the Resolution Authority, takes over the
control and management of the affairs of a designated
institution that is failing or likely to fail in order to
restructure or resolve the institution with the use of
resolution tools in a manner that seeks to protect financial
stability and minimise the reliance on public funds.
This section summerises the oral and written submissions
received by the committee, organised in terms of key concerns
raised by the four stakeholders and the recommendations made
thereof.
Chair, only to mention two: Just to mention that Cosatu
welcomed the Financial Sector Laws Amendment Bill in principle
and believes that it is a necessary and long overdue
intervention by government, that would help protect workers,
pensioners, the state and the economy.
The Association of Black Securities and Investment
Professionals, ABSIP, is in full support of amendments
proposed in the Financial Sector Laws Amendment Bill and its
overall stance on the amendments proposed by the National
Treasury.
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The committee has the following recommendations. Chairperson,
the committee supports the efforts of the Financial Services
Regulatory Authority, FSRA, under which the current Financial
Laws Amendment Bill falls.
These objectives seek to maintain stability of the financial
system; maintain soundness of regulated financial
institutions; protect consumers of financial products and
services; increase access to financial products and services;
and combat market abuse and financial crime.
The outcomes of which are expected to benefit the society in
general, including retail financial customers; financial
institutions and their shareholders; poorest households; Small
Medium and Micro Enterprises, SMMES, and rural development
programmes.
We also support the proposed amendments in the Financial
Sector Laws Amendment Bill which broadly, designate the SARB
as a resolution authority; establishes a deposit insurance
scheme and provides for co-ordination, co-operation,
collaboration and consultation between different entities in
relation to financial stability and the functions of these
entities. These amendments are expected to, amongst other
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things, address banking risks, failures and weaknesses and
mitigate impacts of financial crises.
Lastly, Chairperson, we recommend that the National Treasury
and the SARB continue to engage with different stakeholders,
to address the gaps identified in the Bill and guard against
the unintended consequences of this Bill.
The Select Committee on Finance, having considered and
examined the Financial Sector Laws Amendment Bill B15B – 2020
National Assembly – section 75, referred to it, and classified
by the section 75, accept this Bill.
Lastly, Chairperson, the DA, the EFF and the FF Plus reserved
their position. We recommend that this House accepts this
report as tabled for consideration. Thank you very much,
Chair. [Applause.]
Declaration of vote:
Mr M S MOLETSANE: Hon Chairperson, the Financial Sector Laws
Amendment Bill seeks to provide provision for depositors who
put their hard-earned money into financial institutions. The
Bill proposes to establish a framework for the orderly
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resolution of banks that are designated by the Governor of the
Reserve Bank as important.
At the face value, this Bill seeks to put in place practical
measures to safeguard workers, small businesses, pensioners
and taxpayers’ money as depositors.
However, it also means that as a country we will not be able
to legislate systematic and structural challenges that many of
our people will face when they entrust financial institutions,
mainly banks, with either their money or when they seek
financial services.
Banks currently stand as the most untransformed institutions
which entrench racism in their system. Yet, South Africa
continues to amend legislation which caters for the financial
sector despite their untransformed policies which continue to
fail black people in the economy.
As the EFF, we have since inception, proposed for the creation
of a state bank which shall cater for the financial needs of
our people.
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While the proposed deposit insurance scheme is important, we
must ensure that we criminalise reckless behavior by people
entrusted with depositor’s money. We must also acknowledge
that today we stand in this Council, deciding on a Bill of
this nature because the Reserve Bank continues to fail to
transform the financial sector, particularly the banks. The
EFF does not support this Bill. Thank you, Chair.
Mr Y I CARRIM: Chairperson, I am experiencing problems with my
connections since late yesterday. So, can I plead that I do
not switch on my video but obvious I am very much here.
Basically Chairperson, I do not believe what the EFF is saying
because exactly what hon Moletsane is saying is what the Bill
seeks to address. It does not in fact meet the obligations of
the country as indeed other countries that are part of the
International Financial Systems but in fact, it is precisely
to address the 2008 Global Economic and Financial Crisis.
As indeed the challenges we are experiencing now in the
country: the African Bank collapsing and the state has to come
into its rescue. So, it is for those very reasons that this
Bill is introduced. It is not only a part of the truncheon
Bills dealing with new tool picks model which were drawn upon
from other countries that we adapted to suit our own needs in
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particular, the very concerns that Mr Moletsane expresses when
he talks about transformation.
As we all know, it is a pawn that disadvantages that suffers
disproportionately that the banks collapsed and that is what
happened in 2008. It had got nothing to do with our country
and the developed countries of the world but the greed of the
bankers in the developed world, USA in particular, UK and
Europe caused huge consequences for us. I gathered if I am
correct that we lost, if I remember correctly more than
1,1 million jobs because of them. Other countries even
suffered more.
It is because of the resilience of the financial sector in our
country that we did not suffer more. In fact, it is partly
because of the regulatory regime. But even then, Treasury in
its was done and correctly so, said look we have to do more
like clamp the loopholes. That is what they are doing and that
is what you should encourage. In fact, where I agree with Mr
Moletsane, I am sure the party I come from will is that
Treasury will accelerate the process of this new model.
He is right, we must criminalise reckless behaviour and that
is in fact what this Bill is intending to do. The issue really
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for us as Parliament is to hold the Executive to account and
ensure the institution had set up to stop what happened in
2008 and other times helping actually not happening again.
That means more effective monitoring from our side, more
demands from the other side of the Executive by the
institutions set up by the Executive to actually implement
what we have in this Bill.
We also agree that of all the sectors, the financial sector is
relatively untransformed. We realised that during this time of
Covid-19 and the July unrest and the consequences, we cannot
afford to alienate the private sector but on the other hand,
we need to transform. We need to find the right balances and I
agree with Mr Moletsane and the other parties that we need to
transform the financial sector. In fact, we also supported the
statement long before the EFF was even formed, if I am
correct.
Certainly, Treasury or the previous Minister said, what about
the possibility of the African Bank we use? In any case, we
bolster them with the taxpayer’s money. So, we are on the same
page there. It is just that I am a bit puzzled about why Mr
Moletsane would not vote or his party for this Bill. Thank you
very much.
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CONSIDERATION OF NATIONAL ENVIRONMENTAL MANAGEMENT LAWS
AMENDMENT BILL
(Consideration of Bill and Report Theron)
Ms T C MODISE: Hon Chairperson, Deputy Chairperson, Chief
Whip, Ministers who are in attendance, House Chairpersons and
hon members, good morning. This is the report of the Select
Committee on Land Reform, Environment, Mineral Resources and
Energy on the National Environmental Management Laws Amendment
Bill, B14F–2017, National Assembly, section 76, dated 07
December 2021. The Department of Environment, Forestry and
Fisheries briefed the committee and all nine provinces were
invited to be part and parcel of that briefing. We continued
with the briefing and from there we continued with the
negotiating mandate because it was a very, very difficult
Bill. It took more than seven days to deal with the
negotiating mandate.
On 07 September, we dealt with an e-list of the Bill. We after
deliberated the e-Bill. We proceeded to 16 November whereby
all nine provinces submitted their final mandates.
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Chairperson, I just want to tell you that this Bill was
initially referred to the Council in 2018 by the Fifth
Parliament, but fortunately it was reviewed by the Council in
2019. After the mandate we proceeded with the Bill on 16
November. We agreed on the amendment Bill.
The Select Committee On Land Reform, Mineral Resources and
Energy having deliberated and considered the subject on the
National Environment Management Law Bill, B14F–2017, National
Assembly, section 76, referred it to be classified by the JTMS
section 76 Bill report that has agreed to amend Bill B14F
2017. Therefore, the committee request the report to be
considered by the House.
In this report, eight provinces agreed and one province did
not support the Bill. We thank you.
Debate concluded.
Question put: That the Bill be agreed to.
Declarations of vote:
Ms C LABUSCHAGNE: Hon Chair and hon members, this Bill seeks
to amend various sections dealing with the environment. This
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include the National Environment Management Act of 1998,
National Environment Management Act of 2008, Air Quality Act
of 2004, National Environment Management Biodiversity Act of
2004, Integrated Coastal Management Act of 2008, Protected
Areas Act of 2003 and Waste Act of 2008. It should therefore
come as no surprise that the irrational this Bill consists of
89 clauses faring over 47 pages.
The Western Cape has two major concerns. The first is clause
35 which proposes the insertion of subsection 1(c) to section
43 of the National Environmental Management Act, Nema, meaning
that any person may appeal against the decision made by the
licensing authority contemplated in clause 36(1) or 47(a) of
the National Environment Management Air Quality Act. In the
case of municipalities, the appeal will be to the municipal
council. This requires consequential amendments to sections
43(4)(5) and (6) which were not included.
The Constitution of South Africa allocated the responsibility
of air quality management to local governments. Section 36(5)
(c) of the National Environmental Air Quality Act allocates
this responsibility to the national Minister as the licensing
authority for listed activities. We are concerned that this
will in future be tested and find wanting by the
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Constitutional Court. The Western Cape, therefore, does not
support this Bill. Thank you.
Ms W NGWENYA: Hon Chairperson, the ANC wrote a policy
statement on environment as articulate in 1992, Ready to
Govern. The policy guidelines puts it that the ANC believes
that all citizens of South Africa at present and in future
have the right to a safe and a healthy environment and to a
life wellbeing. The policy guide further states that the broad
objective of our environment policy are aimed at fulfilling
these rights and for such ground and development within South
Africa must be based on the criteria of sustainability.
The National Environment Management Laws Amendment Bill makes
a number of progressive amendments related to the National
Environment Management Act.
I would like to highlight a few Nema the Air Quality Act the
Nema wate Act, the Nema protected Areas Act. Under the air
quality it has been reported by the World Health Organization
that in 2013 about 20 000 South Africans were killed as a
result of air pollution. Recently, it has been reported that
air quality in Johannesburg in particular has been very
disappointing. The proposed amendments will provide for a
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mechanism dealing with air pollution and prescribe consequence
for unlawful conduct of listening activities resulting in
atmosphere emission, air quality and require responding to
emission and licensing activities under the provision of this
Act.
On waste, waste remain one of the challenge faced by our local
municipalities, meaning companies are the biggest waste
product. In the past the conduct of some of the mining
companies have been very worrying and had as a result of lack
of environment rehabilitation after land issue. There are a
number of mime dump in and around the provinces and this
process held risk to communities living in around them.
The amendment of section 1 of the Nema brings the much-needed.
As I conclude Haldos was business building was as well as in
said waste. In closing Gauteng province support this report
and the adoption of the National Environment Management Laws
Amendment Bill. I thank you, Chairperson.
Mr T B MATIBE: Hon Chairperson the Province of Limpopo is
committed to the promotion and protection of healthy
environment in line with the Bill of Rights which stipulates
that:
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Everyone has the right—
(a) to an environment that is not harmful to their health
or wellbeing; and
(b) to have the environment protected, for the benefit of
present and future generations, through reasonable
legislative and other measures that—
(i) prevent pollution and ecological degradation;
(ii) promote conservation; and
(iii) secure ecologically sustainable development and use
of natural resources while promoting justifiable economic
and social development.
South Africa has one of the most progressive environmental
laws on the continent and in the world. In 1998 the National
Environmental Management Act was enacted with the objective of
making the provision for co-operative environmental governance
by establishing principles for decision-making on matters
affecting environment institutions that will promote
cooperative governance procedure for co-ordinating
environmental functions exercised by organs of state.
The preamble of the National Environmental Management Act,
Nema states that, sustainable development requires integration
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of social environmental factors in the planning,
implementation and evaluation of decisions to ensure that
development serves present and future generations.
The National Environmental Management Act is the competency of
the Department of Environment, Forestry and Fisheries, the
Department of Mineral Resources and Energy and all nine
provincial governments. Hon Chair, it is umbrella legislation
and under it we have specific Environmental Management Act
dealing for an example with ways, protected areas,
biodiversity, equality, integrated coastal management. It is
this umbrella piece of legislation that we have considered its
amendment as the select committee. As the province of Limpopo
we support the Bill.
Chair, we are therefore particularly pleased that the Bill is
intended to ensure that, there is adequate public consultation
with stakeholders in consideration of development that might
impact on the environment. In conclusion hon Chair, we are
equally pleased about the proposed amendments that seeks to
protect the sector, promote the inclusion of black
professionals. The Limpopo Province supports the adoption of
National Environment Laws Amendment Bill. I thank you Chair.
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Debate concluded.
Question put: That the Bill be agreed to.
Voting:
Ms T C MODISE: Chairperson.
The CHAIRPERSON OF THE NCOP: Yes.
Ms T C MODISE: Order on the Western Cape. In the committee
they agreed that they support the Report, but today they
change their mind.
The CHAIRPERSON OF THE NCOP: Well, I am sure they can change
their mind.
Ms C LABUSCHAGNE: Chairperson, a question of parody. Did we
vote on the Bill or on the Report? Because if we voted on the
Bill together with the Report, we rejected the Bill.
The CHAIRPERSON OF THE NCOP: We are just checking the mandate.
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Ms C LABUSCHAGNE: Chairperson on a point of order. It was my
mistake. The Western Cape supported the Forestry Bill. Thank
you Chair.
The CHAIRPERSON OF THE NCOP: Thank you very much. So, Western
Cape votes in favour. Thank you very much, voting is closed.
All nine provinces voted in favour of the Report. The Report
is therefore agreed to in terms of section 65 of the
Constitution. Thank you very much.
Mr A J NYAMBI: Chair on a point of order.
The CHAIRPERSON OF THE NCOP: Yes, what’s your point of order?
Mr A J NYAMBI: So that the records can reflect correctly, we
are not dealing with the Forestry Bill here. So, what hon
Labuschagne is raising is not correct. If she is supporting,
she must be on record referring to what we are dealing with.
We have not yet come to the forestry one. It is the next one.
She is talking about the next one.
Ms C LABUSCHAGNE: Chairperson, I did a declaration on the
National Environmental Law. On that one the Western Cape
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objects. We are against the Bill. It was objected and was
against it in the committee.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal,
Limpopo, Mpumalanga, Northern Cape, North West.
AGAINST: Western Cape.
Bill accordingly agreed in accordance with section 65 of the
Constitution.
CONSIDERATION OF NATIONAL FORESTS AMENDMENT BILL AND REPORT OF
SELECT COMMITTEE ON LAND REFORM, ENVIRONMENT, MINERAL
RESOURCES AND ENERGY THEREON
(Consideration of Bill and of Report thereon)
Ms T C MODISE: Thank you very much, Chairperson. Good morning
hon members. The Report on Select Committee on Land Reform,
Environment, Mineral Resources and Energy on the National
Forestry Amendment Bill, B 11B 2016, National Assembly section
76 dated 16 November 2021, the Department of Land Reform,
Environment, Forestry and Fisheries briefed the committee. The
committee decided to invite again nine provinces to be part
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and parcel on the 02 June 2021 on the National Forestry
Amendment Bill, B 11B 2016.
The Bill was initially referred to the committee on 28 August
2018, during the 5th Parliament. However, it was reviewed by
the Council on 17 October 2019 in the 6th Parliament. The
committee called on the rating comments while the provinces
are dealing with the public hearing. After the public hearing
in the province, we engaged in the process of negotiating
mandate where we took two days to deal with the negotiating
mandate because we wanted to make sure that procedurally, we
ensure that we leave no stone unturned. On 07 September we
dealt with the final mandate whereby all nine provinces agreed
upon the Bill.
The Select Committee on Land Reform, Mineral Resources and
Energy, having deliberated on the consideration of the subject
of the National Forestry Amendment Bill, B 11B 2016, National
Assembly section 76, referred to it classified by the Joint
Tagging Mechanisms, JTMs, section 76 Bill Report that it was
agreed on the amendment Bill, B11D 2016. We therefore
requested the Report to be adopted. I thank you, Chair.
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Bill accordingly agreed in accordance with section 65 of the
Constitution
CONSIDERATION OF CIVIL AVIATION AMENDMENT BILL AND REPORT OF
SELECT COMMITTEE ON TRANSPORT, PUBLIC SERVICE AND
ADMINISTRATION, PUBLIC WORKS AND INFRASTRUCTURE THEREON
(Consideration of Bill and of Report thereon)
Mr M K MMOIEMANG: Thank you, National Chairperson of the
Council of Provinces, Mr Masondo. Chair, the Bill seeks to
amend the Civil Aviation Act which provides for the
establishment of the safety investigation board. True to this
juristic body, Chair, is the powers vested in this body to
investigate the aircraft accidents and incidents in South
Africa, but more than that, the establishment of the SA Civil
Aviation Authority that is vested with the powers to promote
civil aviation safety and security.
Chair, the Bill also seeks to consolidate various pieces of
legislation dealing with the regulation on civil aviation that
existed at the time, but also to ensure that where there were
some hiccups that hindered full operation, it is mitigated.
What is key also, is the provision of Chapter 4 and the Act
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which were never promulgated due to various reasons, one of
which, Chair, was the practical difficulties in the
establishment of the entity that was called the Aviation
Safety Investigation Board which is established by the
chapter.
Consequently, the full establishment of the Aviation Safety
Investigation Board was never achieved and to rectify this
conundrum of the Bill, the department consulted with various
bodies to ensure that there is clarity of thought around how
do we take the promulgation of this Chapter 4 forward. Chair,
the Bill was adopted by the portfolio committee and was
referred to the National Council of Provinces on 11 May 2021,
for concurrence. The committee deliberated on the received
presentation and it was followed subsequently by written
submissions upon our invite in the two national newspapers and
other relevant media platforms.
On 04 November, the committee deliberated on the Bill and on
17 November the committee finalised and processed the
submissions that were made. On 24 November 2021, the similar
Amendment Bill was adopted by the committee and the committee
unanimously agreed and recommended that the Bill be presented
to the House for approval as it was referred. I think what is
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quite key, Chair, is uh - as I have indicated – the key to the
Bill is investigation of aircraft accidents as well as
aircraft incidents. More than that, the Bill seeks to identify
safety deficiencies ... [Inaudible.] ... aircraft accidents
and incidents and make recommendations designed to ...
[Inaudible.] ... reduce any such deficiencies ... [Inaudible.]
... investigation and findings. Therefore, the committee is
sorting the Report to the House for adoption. Thank you,
Chair.
Debate concluded.
Question put: That the Bill be agreed to.
Declarations of Vote:
Mr T T APLENI: Chair, we live in a modernising world where the
state takes practical legislative measures to tighten the
safety measures for transport. The Civil Aviation Act was,
therefore, by design, intended to provide an independent
entity that would investigate aviation accidents. This was,
however, not done because the Act did not provide the full
spectrum of rights for the establishment of this entity.
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We, therefore, welcome the amendments made to eliminate the
legal uncertainties and for the establishment of the Aviation
Safety Investigation Board. The establishment of the Aviation
Safety Investigation Board will ensure that accidents are
thoroughly investigated and action is taken where it is
discovered that these accidents are a result of negligence and
poor training.
The Bill could have done more in imposing tougher penalties
for negligence and purposeful disregard for aviation safety
protocols. Nonetheless, the Bill introduces an important
amendment in relation to the role of the civil aviation
authority in environmental protection.
We also welcome the amendment dealing with the prohibition of
any employee of the aviation authority from working for any
players involved in aviation while at the same time employed
by the aviation authority. For there must be clear lines of
delineation between the aviation authority as a regulatory
body and the industry upon which it must provide oversight.
The EFF, therefore, supports the Civil Aviation Amendment
Bill. Thank you very much, Chair. Apologies for the video. The
network connection is terrible.
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Mr M DANGOR: Chairperson, thank you very much. The civil
aviation industry functions in South Africa on the best
international practice. This is necessary as the civil
aviation industry functions globally on the same international
standards. The country has a civil aviation safety record that
is second to none, and this must continue into the future.
In order to maintain such world-class standards, the civil
aviation industry, it is imperative that the legislation
reflects the current global standards and changes that are
being affected. Therefore, it is necessary to periodically
amend the civil aviation legislation. The central aim of the
amendment to the Civil Aviation Act seeks the establishment of
the civil aviation authority and the creation of the safety
and security structures that govern the functioning of the
civil aviation industry.
The creation of the civil aviation authority is geared towards
creating an independent authority that is skilled and ensures
that international safety standards and norms are enforced.
The economic rationale for the legislation is to ensure that
the civil aviation industry is able to optimally function as
it makes a major contribution to the economy through the
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movement of freight and the tourism industry. This intern is a
major source of job creation.
The Bill seeks to amend the Act to ensure the implementation
of legislation in terms of safety, security, and the
investigation of aircraft incidents and accidents in the civil
aviation sector. The Bill deals with corporate governance
issues directly and not through corporate governance plans,
which means that those in the civil aviation authority, with
conflicts of interest, will have to step down.
In the past, the civil aviation authority did not function
within the Public Finance Management Act, PFMA, and the
amendment seeks to rectify this anomaly. It also makes the
authority the preferred creditor which places the structure at
a financial advantage. It is important the civil aviation
authority is supported as its revival, in the context of the
COVID-19 pandemic, is critical. The ANC supports the Bill,
Chairperson.
Mr M NHANHA: Chairperson!
The CHAIRPERSON OF THE NCOP: Nhanha!
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Mr M NHANHA: Were you not going to ask those on the platform
to indicate whether they were voting in favour or not?
IsiZulu:
USIHLALO WOMKHANDLU KAZWELONKE WEZIFUNDAZWE: Hhayi!
Sesidlulile baba lapho.
English:
Sorry about that.
Mr M NHANHA: No but, Chairperson, my point is this is the
procedure you have been following. You had asked those in the
House and afterwards ... [Interjections.] ...
The CHAIRPERSON OF THE NCOP: No! And I did. I did. I did. I
did.
Mr M NHANHA: But now you are disenfranchising all of those
that are on the platform because you are now changing how you
are doing things. [Interjections.]
The CHAIRPERSON OF THE NCOP: No, sorry about that. Sorry about
that.
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Bill agreed to in accordance with section 75 of the
Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON APPROPRIATIONS
FIRST AND SECOND QUARTER EXPENDITURE FOR 2020/21 FINANCIAL
YEAR BY FREE STATE, GAUTENG, LIMPOPO, MPUMALANGA AND NORTH
WEST PROVINCIAL DEPARTMENTS OF AGRICULTURE AND RURAL
DEVELOPMENT ON COMPREHENSIVE AGRICULTURAL SUPPORT PROGRAMME
GRANT, ILIMA/LETSEMA PROJECT GRANT AND LAND CARE PROGRAMME
GRANT: POVERTY RELIEF AND INFRASTRUCTURE DEVELOPMENT
Ms D G MAHLANGU: Thank you, hon Chairperson. The Chief Whip of
the Council in absentia, hon members, special delegates, and
fellow South Africans good morning, it is my honour and
privilege to table before this Council a report on the
expenditure and performance of the Comprehensive Agriculture
Support Programme Grant, Ilima/Letsema project grant and the
land care programme grant, poverty relief and infrastructure
development on behalf of the Select Committee on
Appropriations in the NCOP.
The committee unanimously adopted the report while the DA, the
FF Plus and the EFF abstained. Section 4(a)(d)(e) Money Bills
Amendment Procedure and Related Matters Act, 2009, as amended
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in 2018, mandates the committee to consider and report on
spending issues, reports on the statements on actual
expenditure published by the National Treasury and any other
related matters set out in the act. These provisions read
together with section 32 of the Public Finance Management Act
1 of 1999, as amended and section 16 of the Division of
Revenue Act, provides the framework of the legislative sector
to play an oversight role over the executive. And that’s what
I think we are doing.
Due to persistent under expenditure and under performance of
the Comprehensive Agricultural Support Programme,
Ilima/Letsema Conditional Grant and the Land Care Programme
Conditional Grants, poverty relief and infrastructure
development in the 2020-2021 financial year, the committee
conducted virtual oversight in May 2021.
Owing to time constraints, only Free State, Gauteng,
Mpumalanga and North West provincial departments of
agriculture were invited to report on the performance of these
conditional grants. And to provide to highlight key challenges
experienced and proposed interventions to prevent this in the
upcoming financial years.
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During the oversight engagements, the National Treasury and
the Department of Agriculture, Land Reform and Rural
Development made inputs around the oversight role and support
for provinces. While processing these engagements, the
committee has made the following observations and therefore
came up with recommendations for the improvement of the
implementation of these conditional grants.
The committee acknowledged that there was an urgent need for
government to implement lockdown regulations following the
outbreak of the COVID-19 pandemic. However, it is of the view
that the policy making process should at all material times
take into account the effects of unintended consequences.
Policies or regulations should not inhibit the roll out of
planned programmes. Particularly those that are meant to
alleviate poverty and create infrastructure for sustainable
food security.
The committee understood the need for budget reprioritization
and redirection of funds following the advent of COVID-19,
which affected planned expenditure and created uncertainty.
The committee is of the view that the National Treasury,
provincial treasuries and affected provincial departments
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should proactively work together to prevent administrative
policy uncertainty during emergency.
The Minister of Finance together with the Cabinet should
ensure that proper plans and mechanisms are developed in
advance to mitigate administrative challenges during disaster
situations and further ensure that a reasonable amount of
budget reserves are earmarked for unforeseen and unavoidable
situations such as virus outbreaks and any other possible
disasters.
The committee strongly condemns under expenditure on
conditional grants meant to alleviate poverty, and create
infrastructure to ensure sustainable food security. Provinces
should use the available resources such as medium term
projected budget estimates and the intergovernmental relation
system, to carry out their future planning cycles to prevent
poor expenditure. While also making provision for unforeseen
and unavoidable situations.
The National Treasurer and provincial treasuries, together
with the provincial departments of agriculture should see to
it that adequate capacity proper plans and remedial actions
are developed to ensure that the Land Care Programme
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Conditional Grants expenditure is improved given the constant
degradation of agricultural land through various factors such
as pollution, soil erosion, alien plants and poor water
preservation.
Hon Chairperson and members, moreover, effective expenditure
on these conditional grants should enable government to create
much needed jobs in poor communities during COVID-19 pandemic.
While also building the much needed infrastructure for the
sector. All five provinces that have reported under
expenditure on the three agricultural conditional grants
should develop clear remedial actions and ensure that these
are implemented without delay.
Given the importance and the need to improve support for rural
communities, the committee is of the view that the Department
of Agriculture, Land Reform and Rural Development together
with provincial departments should consider establishing a
rural help desk programme to assist rural communities. This
should fast-track administrative processes that would enable
them to access funding more readily. Consider capacitating
traditional authorities and councils to assist people to
access this funding and or consider seconding departmental
officials to assist at a district level.
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The committee is of the view that there might be a need for
the Department of Agriculture, Land Reform and Rural
Development to launch an aggressive media campaign to motivate
people to go back to cultivating the land, to promote food
security during this time. This may reduce the heavy reliance
on social grants which is sustainable in the long term given
the magnitude of the growing government debts.
The Department of Agriculture, Land Reform and Rural
Development should expedite the process of aligning the
Comprehensive Rural Development Programme, CRDP, which was
first adopted by the fourth administration to address rural
development with the rural development policy framework, and
other relevant programmes, this was one of the best programmes.
The National Treasury together with the provincial treasuries
should ensure that provinces have adequate systems and
measures in place to deal with corruption and
maladministration before it negatively affects expenditure
earmarked for the most vulnerable communities. Furthermore,
provincial departments should develop early warning systems.
Consequence management is critical as set out in the Public
Financial Management Act, PFMA, as well as appropriate actions
recommended by the Auditor-General.
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As I conclude, let me take this opportunity and thank all
committee members across all party lines, committee
stakeholders who made submissions as well as committee support
staff and those departments from the provinces. Without these
role players the process would not have been a success. The
committee recommend to the Council that the report be adopted.
Thank you very much, Chairperson.
Declarations of Vote:
Ms C LABUSCHAGNE: Hon Chair, hon members, this report is...
[Inaudible.] ... underspending for the first and second
quarter expenditure on Comprehensive Agricultural Support
Programmes, the ... [Inaudible.] ... the Ilima or Letsema
grant and the Land Care Programme by the size of our
provinces. It is of great concern where the huge amount of
underspending, that we were presented with. Land reform and
the ... [Inaudible.] ... which should be implemented is
certainly one of the most heated topic in our country.
The success of land reform in South Africa should not be
measured against the physical, a number of farms or hectors
that are redistributed. It must be measured against the long
term success by those farms and the farmers who received the
land. Being in the holiday season can be best described by
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using the example of giving your child a battery operated car
for Christmas. However, you only giving the car, you don’t
give him a battery charge and ... [Inaudible.] ... your child
will be able to operate that car for a very short period but
in the long run it will be useless, so will be the success of
those farmers who are not assisted with the means to farm
successfully in the long run.
It is extremely important that government must do everything
in its power to ensure that land that is redistributed must be
formed in sustainable and a successful way. This needs to be
done in order to not only ensure that land reform will be
successful but also to ensure that the ... [Inaudible.] ...
not jeopardize the poor, food security and as well as job
security for a large number of people in South Africa.
We can therefore not comprehend why these provinces did not
make use of money available in order to achieve this long term
goal. This underspending and poor management again bring to
mind the recommendation such a high level ... [Inaudible.] ...
by former President, Kgalema Motlanthe who said that:
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The failures of land reform were due to poor
implementation of policy, corruption and a lack of
urgency by this government.
This report was compiled almost ten months ago and although
the DA agrees with the report and its recommendations, it’s
very important that the select committee should not only make
these recommendations but that they also should they should
follow up on the implementation there after.
For an example ... [Inaudible.] ... recommend that the report
should be brought to the attention of the relevant premiers,
provincial legislatures and the standing committees for their
necessary interventions. Seeing that premiers are responsible
people for governance within their respective provinces, they
must ask whether their provinces have implemented these
recommendations and if they did not, there must consequences
for those premiers who did not put measures in place in order
to implement the recommendations. I thank you.
Mr E J NJANDU: Thank you very much Chairperson. Hon
Chairperson, I rise to accept the Report of the Select
Committee on Appropriation, which has conducted its
responsibility of scrutinizing conditional grant expenditure.
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By looking into expenditure by the aforementioned five
provinces of agriculture in rural development on the
Comprehensive Agricultural Support Programme grants; Ilima,
Letsema project grant and Local Care Programme.
Chairperson, these programmes are parts of the arsenal of the
government of the African National Congress, to resolve the
challenges of landlessness, poverty and hunger. They provide
access to finance for the farmers, especially in beneficiaries
of the land restitution, redistribution and land tenure reform
programmes.
Hon Chairperson, when the ANC resolved in its 54th National
Conference in 2017, to adopt the comprehensive resolution on
land reform, land expropriation without compensation, we could
not have foreseen that the coalition of the reactionary string
that fails in the forms of the DA, Freedom Front Plus and the
EFF would come together in the National Assembly
[Interjection.] that week as they did in the various hang
municipalities to block progress on the Constitutional
Amendment on Land Reform [Interjection.].
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It is significant to note ... [Interjection.] ...that the
policy is not always followed by the implementation...
[Interjection.]
The CHAIRPERSON OF THE NCOP: Hon members, order, order hon
members. I have said, over and over again in the past that
there’s harm in little bit of hackling, but is long as
hackling does not drown the speaker.
Mr E J NJANDU: Chairperson, no, the opposition will get their
time to respond but not now, I am still speaking Chair. It is
significant to note that in ... [Inaudible.] ... to always
follow up by implementation, as the committee has observed
this conditional grants were among those for which expenditure
was below the acceptable norm of 25% per quarter. Chairperson,
we support this Bill. Thank you very much [Applause.]
The CHAIRPERSON OF THE NCOP: Any other declaration, point of
order?
Ms C LABUSCHAGNE: We are not busy with section 25, hon Dodovu,
through you Chair, it was the report.
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The CHAIRPERSON OF THE NCOP: Thank you very much ...
[Inaudible.] ...
Mr E J NJANDU: We support the report Chair.
Debate concluded.
Question put: That the report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal,
Limpopo, Mpumalanga, North West, Northern Cape, Western Cape.
Report accordingly adopted in accordance with section 65 of
the Constitution.
CONSIDERATION OF REPORT OF JOINT STANDING COMMITTEE ON THE
FINANCIAL MANAGEMENT OF PARLIAMENT ON THE PARLIAMENT OF THE
REPUBLIC OF SOUTH AFRICA’S PERFORMANCE IN QUARTER 3 OF 2020/21
DATED 28 MAY 2021
AND
CONSIDERATION OF REPORT OF JOINT STANDING COMMITTEE ON THE
FINANCIAL MANAGEMENT OF PARLIAMENT PARLIAMENT OF THE REPUBLIC
OF SOUTH AFRICA’S PERFORMANCE IN QUARTER 4 OF 2020-21 DATED 28
MAY 2021
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AND
CONSIDERATION OF REPORT OF JOINT STANDING COMMITTEE ON THE
FINANCIAL MANAGEMENT OF PARLIAMENT OF THE REPUBLIC OF SOUTH
AFRICA’S 2019-20 ANNUAL REPORT, DATED 28 MAY 2021
Ms D G MAHLANGU: Hon House Chairperson, hon members, the Chief
Whip and the Chairperson of the NCOP, fellow South Africans, I
greet you
Setswana:
Ke ale dumedisa, bagaetsho.
English:
Hon House Chair, it is an honour for me to table the reports
of the Joint Standing Committee on Financial Management of
Parliament for both the third and fourth quarter 2020-21
performance of Parliament of the Republic of South Africa in
this august house. The Joint Standing Committee on the
Financial Management of Parliament the Committee, is
established as per the provision of the Financial Management
of Parliament and Provincial Legislatures Act 10 of 2009. The
Financial Management of Parliament and Provincial Legislature
Act requires the executive authority of Parliament to table
the Parliament’s performance in implementing the annual
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performance plan for each quarter for the consideration and
reporting of the Committee.
Indeed, hon Chairperson, the committee has fulfilled the
afore-said mandate by considering both third fourth quarters
of the Parliament’s performance in implementing its 2020-21
annual performance plan, APP, and it reports as follows: Hon
House Chair, it is important to first highlight that the two
quarterly reports, which, I am tabling here were still
assessing the implementation of the Fifth Parliament’s
Strategic Plan. However, since, the current financial year,
which is 2021-22, Parliament has started the implementation of
the Sixth Parliament’s Strategic Plan. The reason, I have to
emphasise that is because some of the issues the committee
raised from both reports will no longer be relevant going
forward due to the change in how the Sixth Parliament have
organised and strive to achieve.
Having said that hon House Chair, for both quarters under
review, the Parliament has performed fairly. For the third
quarter, the Parliament has exceptionally performed. It
recorded 87,5 percent performance which was as a result of
achieving seven planned performance targets out of eight
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planned performance targets. Whilst, for the fourth quarter,
it recorded 77%, which is lower than the third quarter.
In terms of financial performance, Parliament spent 88,9% of
its allocated budget for the third quarter, whilst, it spent
67% for the fourth quarter.
Hon House Chair and hon members, the alignment between
financial and nonfinancial performance, which Parliament has
shown in these quarters is indeed good financial management
and good progress towards prudent financial management. This
is indeed needed to be applauded, I have never seen it before.
We have been complaining, but they did it and they do deserve
that applaud.
Hon House Chair, despite the good performance recorded by
Parliament, the committee has noted some concerns, which
include amongst others, the over-expenditure of compensation
of members during the fourth quarter of this financial year,
by R9 million on. This was further projected that by the end
of the 2020-21 financial year, would be overspent by
R16 million. This overspending was due to the budget cuts of
R30,683 million from October during the 2020 Budget
Adjustments. It is against this background that the committee
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recommends that the executive authority of Parliament and the
Minister of Finance should find a constructive solution to the
budgetary challenges to ensure that Parliament is able to
deliver on its constitutional mandate.
Lastly, the committee is very concerned about the slow pace in
filling of posts t critical to the leadership and functioning
of the institution, specifically that of chief financial
officer, CFO, chief audit executive and Secretary to
Parliament. Hon House Chairperson, this has the potential of
creating instability within the institution. Since the quarter
one report, we recommended that we must be furnished with the
reasons for these delays and to date, we have not received any
response in this regard. Hon House Chairperson, there were
pledges for your indulgence, from the executive to expedite
this process. I thank you.
With your permission hon House Chair, please allow me as this
committee to present before you the 2019-2020 Annual Report
Parliament of the Republic of South Africa in this august
House. The Joint Standing Committee on the Financial
Management of Parliament, the committee itself, is established
as per the provision as indicated previously. We are as a
committee carrying out that mandate as expected.
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Indeed, hon House Chairperson, the committee has fulfilled the
afore-said mandate.
Hon House Chairperson, let me start by welcoming the
unqualified outcomes with no material findings, which
Parliament has sustained for the past six years since 2013-14
financial years. This clean audit is accompanied by non-
incurring of material irregularities, that are irregular
expenditure and unauthorised expenditure. In essence, for the
entire Fifth Parliament, finances of Parliament were managed
prudently. The Sixth Parliament is still continuing with this
sterling performance thus far; I hope this Parliament, will
continue with this excellent performance throughout this
administration. I say this hon House Chairperson and hon
members, in mindful of the fact that this is the last report,
whereby, the performance of Parliament is based on the Fifth
Parliament Strategic Plan.
Hon House Chair, for the 2019-20 financial year, Parliament
held discussions, debates and initiatives on the proposed
reforms, the National Health Insurance, NHI, the land redress
as well as domestic and gender-based violence. Further,
despite the COVID-19 restrictions, which were imposed to
regulate the spread of COVID-19, Parliament has managed to
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hold the executive accountable as required by the
Constitution. In this regard, both Houses of Parliament the
National Assembly and the NCOP, produced a total of 1 000
written questions were put to the Executive, of which 437 oral
questions were put to the executive, including questions to
the President and the Deputy President. Moreover, about 756
meetings were held by the committees of Parliament of both
Houses, and they were accompanied by 31 oversight visits
conducted throughout the 2019-20 financial year, of which 237
reports were tabled as a results of these oversight visits,
quarterly reports and Budget Votes related matters.
To achieve its constitutional mandate of passing laws, for the
2019-20 financial year, a total of 24 out of 43 Bills, that
were before Parliament were processed. Further, eight, section
139 interventions were made in different municipalities such
as Dr Ruth Segomotsi District Municipality, JB Marks Local
Municipality, Fetakgomo Tubatse Local Municiplaity, and
others.
Hon House Chair, there are challenges that we picked up as far
as the performance of Parliament during the 2019-20 financial
year. Those challenges include, amongst others, unfavorable
financial position, due to the medical aid contributions of
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Members of Parliament and provincial legislatures, which is
the liability carried by Parliament. This responsibility
distorts Parliament’s baseline and negatively impacts on
future allocations. Further, the perpetual dwindling of the
budget of Parliament has led to the reprioritisation of the
spending and targets. This has left other important activities
and programs without adequate budget and as such could not be
implemented. If this is not addressed sooner, it has a
potential of threatening the ability of Parliament to execute
its constitutional mandate. I thank you very much.
Debate concluded.
Question put on Seventh Order: That the Report be adopted.
In favour: Eastern Cape, Free State, Gauteng, KwaZulu-Natal,
Limpopo, Mpumalanga, North West, Northern Cape, Western Cape.
Report accordingly adopted in accordance with section 65 of
the Constitution.
Question put on Eighth Order
Debate concluded.
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Question put: That the Report be adopted.
In favour: Eastern Cape, Free State, Gauteng, KwaZulu-Natal,
Limpopo, Mpumalanga, North West, Northern Cape, Western Cape.
Report accordingly adopted in accordance of section 65 of the
Constitution.
Question put on Ninth Order
Debate concluded.
Question put: That the Report be adopted.
In favour: Eastern Cape, Free State, Gauteng, KwaZulu-Natal,
Limpopo, Mpumalanga, North West, Northern Cape, Western Cape.
Report accordingly adopted in accordance of section 65 of the
Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON TRADE AND
INDUSTRY, ECONOMIC DEVELOPMENT, SMALL BUSINESS DEVELOPMENT,
TOURISM, EMPLOYMENT AND LABOUR JOINTLY WITH THE PORTFOLIO
COMMITTEE ON SMALL BUSINESS DEVELOPMENT, FOLLOWING A FACT
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FINDING VISIT TO KWAZULU-NATAL AND GAUTENG PROVINCES, DATED 19
AUGUST 2021
Mr K M MMOIEMANG: House Chair, allow me to take the podium.
The select committee together with its sister committee, Trade
and Industry and Public Works joined the Portfolio Committee
on Small Business on its oversight visit to both KwaZulu-Natal
and Gauteng between the period of 3 and 6 August 2021. I
believe that the background is well articulated and well
known, by virtue of the unrest that sprang out in both
provinces, following the incarceration of the former
President.
The report covers the achievement the objectives. The
objective of the report was the evaluation of the extent to
which the supply chain was throttled, the damage to property
and the degree and extent to which business was disrupted.
In KwaZulu-Natal, a number of areas were visited - King
Cetshwayo District Municipality, uMhlathuze eNseleni township,
Ilembe District Municipality, eThekwini and Shakaskraal. Areas
visited in Gauteng included the visit to the Ekurhuleni
Metropolitan, the Cambridge Centre Plaza, the site visits to
the City of Johannesburg, the Jules Street, Malvern, Pan
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African Mall in Alexander Township, Jabulani Mall in Soweto,
Kliptown and also the Eyethu Orange Farm Mall and Palm Springs
Mall.
What did the committee observe in terms of the report? In the
report from 5,1 to 5,10 capture the observations that the
committee made. There are recommendations that this committee
is tabling before this House in terms of the observations. The
recommendations are as follows.
One, the Department of Small Business Development, through its
entities, Seda and Sefa, should embark on collaborative
efforts with Sasria to intensify financial literacy campaigns
targeting small businesses and informal traders.
Two, based on the evidence or information committees gathered
on the ground around the magnitude of the destruction, the
allocation of R2,3 billion is welcomed but not adequate.
Therefore, further engagement with the department is important
in order to mitigate the situation.
Three, the committee is concerned that the Debt Relief Finance
Scheme uptake to assist the sector to moderate the impacts of
the Covid-19 pandemic was not adequate. Therefore, the
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department and its agencies have not interrogated factors that
account for this low uptake.
Four, the committees recognises that most informal traders are
not exposed or lack knowledge and that computer literacy is
required to apply for government grants. Hence, it becomes
necessary for government to find remedies.
Five, the department should concretise and lead measures to
improve relationships between the shopping centres,
supermarkets and informal traders, so that there is continued
engagement, particularly around the possible benefits from the
public-private partnership platform.
Six, the department must give a serious consideration to the
reinstatement of the Shared Economic Infrastructure Facility,
which may address a number of infrastructure-related
complaints.
Seven, the common theme that echoed throughout the visits
related to the situation of the trading premises, illegal
traders who intrude trading space without paying a rent nor
having a license. Therefore, this matter has to be addressed.
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Eight, the business confidence index in the country is at an
all-time low following the violent unrest. The sector feels
betrayed that, when these attacks occurred, they were not
adequately protected. Committees are of the view that they
need to regain a programme that will instill confidence in
this business sector.
Lastly, the registration and licensing of businesses is a
matter that has confronted the committee since its inception.
It therefore becomes important that follow-up is being made in
terms of the recommendations that emanate from the xenophobic
attacks both in 2008 and 2015. This, amongst others dealt with
the regulation of small businesses in the country and the
issuance of trading permits and business licenses to
foreigners, which is a major source of conflict and therefore
needs policy response. In Alexandra, this grievance was
emphasised.
So, the department must accelerate the process of renewing the
Business Act or table a new Bill before the end of the current
financial year, as pledged by the department in its annual
performance plan. So, I table the report for adoption. Thank
you.
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Declarations of Vote:
Ms C LABUSCHAGNE: Hon Chair, when business owners and
retailers did their forecast for July 2021, little did they
know the horror that awaited them. The country was awash with
rumours as to the potential fallout after the possible arrest
of former President Jacob Zuma. As citizens and business
owners puzzled over this uncertainty, this government did
absolutely nothing, despite the array of intelligence and
security services available to them.
South Africa’s largest civil unrest since the apartheid regime
began on 8 July 2021, when former President Zuma began serving
what was to be his 15-month jail sentence for contempt of
court at Estcourt Correctional Centre. The protest first broke
out in KwaZulu-Natal, with demonstrators calling for his
release. The riots spread throughout the province and led to
Gauteng residents also taking to the streets in support of the
#FreeJacobZuma campaign. These demonstrations quickly involved
widespread looting and vandalism. The unrest lasted for eight
days and left at least 215 dead.
The SA Property Owners Association evaluated that the unrest
cost South Africa’s national economy R50 billion. KwaZulu-
Natal lost R20 billion while Gauteng’s economy took a
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R3,5 billion dent. Gauteng saw 30 shopping malls sacked, while
KwaZulu-Natal reported 150.
In the immediate aftermath, the SA Special Risk Insurance
Association, Sasria, was overwhelmed and has to date received
14 051 claims valued at R32 billion. Five months later,
despite the assistance of Treasury, only R12,6 billion had
been paid out by 15 November, some four months after the
unrest. In that time, many businesses have gone under and
thousands of employees have been left in the lurch, and all as
a result of an ANC factional battle that spilt out onto the
streets of our beloved country.
And what ... accountability? In July, the Minister of Police,
Bheki Cele boasted to the media that 12 instigators had been
identified, and would be charged and named shortly. Five
months later, all we are aware of is an obscure gentleman from
the West Rand of Johannesburg and an equally obscure disc
jockey, DJ, from KwaZulu-Natal. This, despite the fact that
the Zuma children, Edward, Duduzane and Duduzile openly
encouraged looting and mayhem on social media. This excludes
the wealth of evidence collated by the State Security Agency,
SSA, on these and other culprits.
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The promise to track down everybody involved, including the
Zuma progeny, was repeated by the then Acting Minister in the
Presidency, Khumbudzo Ntshavheni, in August. Since then, radio
silence, and all queries are referred to the man in the hat
who displayed his ineptitude when the chips were down. The ANC
always goes out on accountability, but turns a blind eye when
those within the golden circle of influence are implicated.
While the DA supports this report and the work of this
committee, South Africans should never forget who started this
madness and who should sort it out. Thank you.
Mr M DANGOR: Chairperson, the July unrest has had a
devastating impact on businesses, industry, infrastructure and
our economy. It gave us a rude awakening of what lies ahead
should we not respond to the structural challenges of
unemployment, poverty and inequality. We witnessed the
destruction of businesses and livelihoods, as well as the loss
of life. The impact of this unrest will be felt for the
longest time.
We need to strengthen our law enforcement ... to capacitate
them to be proactive and to pre-emptively respond to any
threats of sabotage and violence that lay ... and ... be
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fueled by whatever cause. However, we wish to applaud them for
the swift response that they undertook to quell the violence.
We call on the National Prosecuting Authority to work with the
SA Police Service to be thorough in its investigations and to
hold the perpetrators of this economic sabotage to account.
The oversight visits to KwaZulu-Natal and Gauteng has given
... first-hand experience of the practical effects of the
unrest within this short period. Thousands of people lost
their jobs. The total damage caused to infrastructure and
businesses sits at about R50 billion. The most disheartening
is the loss of livelihoods of informal traders who may not be
able to get financial support that formal businesses obtain
from government and development finance institutions.
Livelihoods have been adversely affected. It is estimated that
each person that had been employed supported six to seven
people in their own family. The extensive loss is therefore
significantly greater that the number of jobs lost. We should
never allow this to happen again.
We welcome the implementation of the post-Unrest Business
Recovery ... [Inaudible.] ... unemployment that was done,
which allocated more than R1,5 billion to businesses affected
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in the unrest. This has assisted many businesses to start
trading again, although not at optimal levels. These are
critical interventions which we as the ANC-led government
appreciate. I thank you, Chairperson.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal,
Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of
the Constitution.
CONSIDERATION OF SPECIAL JOINT OVERSIGHT VISIT REPORT TO
KWAZULU-NATAL: SELECT COMMITTEE ON LAND REFORM, ENVIRONMENT,
MINERAL RESOURCES AND ENERGY AND PORTFOLIO COMMITTEE ON
AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT
Ms T C MODISE: Hon House Chairperson, it was on the 9th of
August when the select committee together with the Portfolio
Committee on Land Reform, Rural Development, Agriculture and
Mineral and Energy visited ... KwaZulu-Natal. During that
time, the country in the second week of July 2021 has
experienced unprecedented level of unrests and distructions of
private property, coupled with the violence and looting
private property. Despite the fact that these acts of violence
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started in KwaZulu-Natal and spread to parts of Gauteng, they
have a socioeconomic impact throughout the country. The
unrest, which involved violence, protests, looting has had
negative consequences for some farmers and agribusiness.
Therefore, the objective of the committee to visit KwaZulu-
Natal was to ascertain the extent to which the unrests has
impacted on agricultural and agroprocessing value chain,
agrologistics and damage of relevant infrastructure. Assess
the impact of unrests on the agricultural supply chain and
food availability. Assess the impact of unrests on current and
future employment in agriculture and agroprocessing sector. We
call on the government’s response and plans to address the
resultant impact and the relevant infrastructure damage.
Identify strengths and weaknesses as well as the
complementarity amongst the different spheres of government,
including the implication of policy intervention.
During that time of the oversight visit the committee
delegation made the following observations: Lack of urgency on
part of the provincial department. As for weeks after the
unrests, the district reported that they have submitted the
report of the impact of the unrests, including the requirement
intervention to the provincial department, which has
highlighted the budgetary constraints despite the declaration
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of the state of disaster in the province on 29 July 2021. The
slow pace of intervention and lack of liaising and direct
communication with the affected farmers by the district while
they are waiting for the decision from their principals.
Appreciation of the Ilembe District that has timely
distributed all available production inputs for the intended
household, for one hectare one household food security
programme. While it is also reported that the province with a
specific figure of how the district will need to assist
affected farmers across all the commodities. With the
exception of the ... [Inaudible] ... how sugar mill minimal or
no specific role is played by the other sugar milling company
in assisting small scale growers for the coming planting
season while others are waiting for government intervention.
In addition, no other avenues have been explored by mills on
use of sugarcane. Those quality deteriorated processing in
order to assist small scale farmers.
The committee made the recommendations to ensure that the
KwaZulu-Natal Department of Agriculture, Rural Development
make use of the opportunity that is availed by the declaration
of the state disaster in the province; to make budgetary
adjustment in order to fast-track; assisting the affected
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farmers in the province, particularly the small farmers,
including those who have been visited by the delegation
namely: Makhumbo, Idwala and Siyamdumisa Farm; ensure that
KwaZulu provincial Department of Agriculture and Rural
Development develops action plan with specific details and
timeously on how affected farmers will be assisted in the mid-
term; in the future to save livelihoods and prevent further
job losses. Engage with the Ministry of Trade and Industry and
co-operation, to address the slow pace of transformation and
require legislation revived in the sugarcane and sugar milling
sector, including the discussion on the implementation of the
Sugar Master Plan that is meant to address some of the
challenges.
Investigate the plight of the 160 hectare farmers that was
handed over by the Department of Rural and Development for the
land redistribution by the Chase farmers in 2013 near Eshowe
in King Cetshwayo Municipality District and submitted a report
to Parliament. Training and support of small scale sugarcane
farmers in improving the sugarcane quality, while other farm
through option failed and water management practice to
increase chances of accepting for milling. Increasing
allocation and flexibility of delivery of sugarcane is needed
for small scale sugarcane grower. Small scale farmer should be
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educated on the benefits of creating a joint co-operative for
delivery to the mill of which can be imported to reduce cost
of inputs through bulk-buying and field management operation
and reduce reliance of contractor for harvesting and
transporting.
Explored other value adding of sugarcane, a part of sugar
production to enable for sugarcane that is not meant for
milling quality to be used for production or other production,
such as fertilisers production and animal feed. Therefore, the
joint committee requested the House to support this Report. I
thank you, hon Chair. [Applause.]
Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal,
Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of
the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND
JUSTICE OVERSIGHT IN TERMS OF MITIGATING THE IMPACT OF THE
COVID-19 PANDEMIC AND THE RECENT PUBLIC VIOLENCE, LOOTING AND
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DESTRUCTION OF PROPERTY WITH A PARTICULAR FOCUS ON THE
KWAZULU-NATAL REGION AND OVERSIGHT VISIT TO THE UMZINTO
CORRECTIONAL CENTRE IN KWAZULU-NATAL PROVINCE ON 19 AUGUST
2021, DATED 01 SEPTEMBER 2021.
Ms S SHAIKH: Thank you very much, hon Chairperson, and
greetings to hon members. Hon Chairperson, the Select
Committee on Security and Justice conducted oversight in the
KwaZulu-Natal Province from 13 to 19 August 2021 under the
Council theme of, Mitigating the impact of the COVID-19
pandemic and the recent public violence, looting and
destruction of property during the civil unrests over the
period 9 to 18 July 2021. The committee met with the SA Police
Services, SAPS, and the KwaZulu-Natal MEC of the Department of
Transport, Community and Liaison, the Independent Police
Investigative Directorate, the National Prosecuting Authority
and the Department of Correctional Services, and visited the
Umzinto Correctional Centre, where the fire broke out, and
there was infrastructure damage.
Hon Chairperson, the details of the briefings, the challenges
identified by the departments and entities, and the committee
observations are contained in the committee report. However,
House Chair, with regards to the SA Police Services, the
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committee recommendations include that the SAPS, in addition
to ensuring that it has adequate resources in the future to
address any event of this magnitude, should improve its Public
Order Policing, POP, capacity within the province and ensure
effective training to all Public Order Policing members.
The SAPS should ensure that police stations are sufficiently
resourced, and that effective training is rolled out to police
officers at police stations. The SAPS should strengthen its
relationships with the Community Policing Forums, CPFs, to
ensure effective co-operation in crime fighting efforts within
communities. The SAPS should furnish the committee with,
firstly, the report on the investigation into the stolen
ammunition being conducted by the Directorate Priority Crime
Investigation, DPCI, and the detailed report after conclusion
of its investigations into the unrest within the two
provinces.
The SAPS should continue to strengthen its working
relationship with the National Prosecuting Authority and the
JCPS cluster as a whole. The KwaZulu-Natal MEC should ensure
that the peace committee operates effectively to restore
social cohesion within communities affected by the unrest. Hon
Chairperson, with regards to the Independent Police
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Investigative Directorate, the committee recommendations
included that, IPID should work closely with the SAPS and the
Department of Health to address the delays in forensics.
The IPID should communicate with the SAPS and the NPA to
address any challenges in relation to the investigation of
cases. The IPID should upon conclusion of its investigations,
furnish the committee with an updated report on the
recommendations made by the IPID and the actions undertaken in
respect thereof. The committee encouraged the IPID to work
closely with the relevant departments within the JCPS cluster
to strengthen and foster relationships to ensure the success
of investigations.
Hon Chairperson, with regards to the National Prosecuting
Authority, the committee recommendations included that, the
NPA provides the committee with an update on the restorative
justice cases upon finalisation and any additional information
through trials, guilty pleas, and fines. The NPA conducts
continuous follow up with the SAPS in respect of cases that
have been struck off the court roll, in order to ensure
effective analysis and to address any gaps or challenges in
respect of investigations.
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The Department of Justice has identified the need to increase
engagement and coordination between the SAPS, the Department
of Justice and the NPA at district levels, to deal with
operational challenges. The committee recommended that the NPA
furnishes the committee with an update on these engagements
moving forward. The committee encouraged the NPA to continue
to strengthen its working relationship with the other
departments within the JCPS cluster.
Hon Chairperson, with regards to the Department of
Correctional Services, and the inspection of the uMzinto
Correctional Facility, the committee recommends that the
Department of Correctional Services provides the committee
with a detailed report with clear recommendations after it has
completed its investigation into the incidents which occurred
at the uMzinto Correctional Centre. Furthermore, the committee
requires a report pertaining to the death of a female
correctional officer at the Leeuwkop Correctional Centre to be
furnished to the committee.
Hon Chairperson, in general, with regards to the COVID-19 and
vaccination programmes, the committee encourages all the
departments to continue to implement programmes aimed at
raising awareness regarding the importance of COVID-19
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vaccinations and to continue to implement the vaccination
programmes. Hon Chairperson, the report is adopted by the
Select Committee on Security and Justice was on Announcement,
Tabling and Committee Report on 1 September 2021, and we
recommend that the House adopts the report. Thank you.
Declarations of vote made on behalf of the Western Cape and
Mpumalanga.
Declarations of vote:
Ms C LABUSCHAGNE: Thank you, hon House Chair. Hon members, we
welcome this report. However, it must be sad that the rise had
its origin in the ANC internal factionalism. Furthermore, it
is a consequence of the ANC’s failure ... [Interjections.] ...
furthermore, it is a consequence of the ANC’s failure to
ensure a properly functioning and capacitated Security Cluster
and has allowed this to happen in the first place. The public
should in, therefore, not give the ANC credit for its efforts
to demand through Parliament an improvement, but it should
rather ask why the ANC did not ensure these things are in
place over the 27 years that it has been in government. The
fact is, hon House Chair, that the underlying issues have not
gone away. In all honesty since the local government elections
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of 2021 results things have gotten worse for the ANC,
especially in KwaZulu-Natal.
What will happen next time when there is an attempted
insurrection? Will we be better prepared, unlikely if one
looks at the various Security Cluster departments playing the
blame game rather than introspecting for improvement? The lion
share of the blame can therefore be put clearly at the feet of
the ANC. We support the report.
Ms N E NKOSI: Thank you very much, House Chair. They don’t
know what’s happening because seemingly we are having a person
who is representing the ANC here, whilst we are here is
unfortunate. Hon House Chair, greetings to your good self,
members of the House and fellow South Africans, we rise to
support the report of the Select Committee on Security and
Justice on its oversight terms and mitigating the impact of
the coronavirus disease 2019, Covid-19, pandemic and the
public violence, looting and destruction of property with a
particular focus on the KwaZulu-Natal province and oversight
visit to the uMzinto Correctional Centre in KwaZulu-Natal
province on 19 August 2021.
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Hon House Chairperson, in line with the oversight duties the
Select Committee of Security and Justice conducted an
oversight week under the council theme of mitigating the
impact of the Covid-19 pandemic and the public violence,
looting and destruction of property during the recent civil
unrest over the period of 9 to 18 July 2021. The committee in
collaboration with the Select Committee on Co-operative
Governance and Traditional Affairs focused in its attention on
the KwaZulu-Natal province. The committee met with the
following Ministries and departments, the national executive
and KwaZulu-Natal provincial executive authority. The
committee visited and inspected the damage to the uMzinto
correctional facility. The committee received a briefing by
the National Prosecution Authority. The committee also
received a briefing by the Independent Police Investigative
Directorate. The committee was also briefed on each
department’s policy in place to cap the Covid-19 pandemic. The
committee noted that the SA Police Service, SAPS, is engaging
the National Prosecution Authority regarding the cases
awaiting decisions and are working on the matter. The
committee also noted that a Peace Committee had been
established and that the Department of Police was working
within a six-months period time frame to identify programmes
to integrate those communities.
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The committee noted the commitment of the SAPS regarding
stolen ammunition which is being investigated by the
Directorate for Priority Crime Investigation. The committee
also made a number of recommendations regarding the Department
of Correctional Services. One, the committee emphasised the
need for greater emphasis on social cohesion to ensure
partnership and ownership so that everyone has the necessary
capacity to address any future challenges. The progress made
by the KwaZulu-Natal division on the vaccination of inmates
which stood at 79 338, that is 63%.
Hon House Chair, as the President has characterised gender-
based violence as the second pandemic, the committee
emphasised the need for the department to put measures in
place when it comes to the safety of the female officers as
they were under attack. In conclusion, as we work towards the
vision of the National Development Plan, in particular
outcome 3, the committee recommends that the SAPS should
continue to strengthen its working relationship with the
National Prosecution Authority, NPA, and with the Justice,
Crime Prevention and Security, JCPS, cluster as a whole.
Mpumalanga province supports the report. I thank you, House
Chair.
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Debate concluded.
Question put: That the Report be adopted.
In favour: Eastern Cape, Free State, Gauteng, KwaZulu-Natal,
Limpopo, Mpumalanga, North West, Northern Cape, Western Cape.
Report accordingly adopted in accordance with section 65 of
the Constitution.
CONSIDERATION OF ANNUAL REPORT OF THE JOINT STANDING COMMITTEE
ON INTELLIGENCE FOR THE FINANCIAL YEAR ENDING 31 MARCH 2020
INCLUDING THE PERIOD UP TO DECEMBER 2020
AND
CONSIDERATION OF ANNUAL REPORT OF THE JOINT STANDING COMMITTEE
ON INTELLIGENCE (JSCI) FOR THE FINANCIAL YEAR ENDING 31 MARCH
2020, INCLUDING THE PERIOD UP TO DECEMBER 2020.
Setswana:
Rre K M MMOIEMANG: Ke go tlotlile Modulasetulo wa Ntlo.
English:
Again, let me express my gratitude to the platform accorded to
me by the esteemed House Chair. Chair, allow me on behalf of
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the Joint Standing Committee on Intelligence to table before
this august House today, the Joint Standing Committee’s Annual
Report for financial year ending 31 March 2020, including the
period up to December 2020 to NCOP.
The report is tabled with accordance with section 6 of
oversight which states that the committee shall, within five
months after its first appointment, and thereafter within two
months after 31 March in each year, table in Parliament a
report on the activities of the committee during the preceding
year, together with its findings made by it and the
recommendations it deems appropriate, and provide a copy
thereof to the President and the Minister responsible for each
services.
The table of contents of the report as it covers ten areas
with its annexures. The introduction part deals with the
establishment of the committee in terms of section 2 of the
Intelligence Services Oversight Act. Its primary mandate is
well articulated to exercise oversight over the intelligence
and counter-intelligence functions of the services. Including,
the State Security Agency, SSA, Defence Intelligence, and also
the Crime Intelligence. The report raises the commencement
work of the committee as of the 30 October 2019, following its
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composition and Constitution after members of the committee
acquired top clearance certificate which is a statutory
requirement.
In terms of membership of the report, it is captured on page
two of the report and how it is constituted. The ANC has nine
seats, the DA has three seats and the EFF has one. All this is
members from both Houses. What is also quite critical is that
this composition is followed up by the legislative mandate and
also the activities in the reporting year. The first part that
the Chair has alluded to, deals with a number of activities
commencing with orientation of members where briefing was
received from all the agencies.
We must report that this report that we are presenting before
the House, we are presenting it informed by the impact that
the COVID-19 pandemic had on the workings of the committee,
which explains why this report in the National Assembly was
tabled on the 20 November and in the NCOP we are tabling it
today. So, what is quite critical is just to reemphasize the
fact that we are tabling it after delays due to COVID-19,
similarly, with the financial report.
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What is also quite critical reporting outside the initial five
months’ period, are the activities that the committee embarked
upon, commencing with the committee meetings where the
committee had 14 meetings that they held, both in Pretoria and
also in Parliament. But also specialized meeting in Pretoria
where the committee received Annual Performance Plan, APP,
from the Inspector General of Intelligence, APP from the State
Security Agency and also briefing on the threshold by the
insurgency in Cabo Delgado in Mozambique. But more than that,
the workman is done by the audit and risk committee in terms
of improving co-operative governance of the State Security
Agency.
What is also quite critical is the briefing the committee
received on the update of Project Veza which has been
thoroughly canvassed in the public space. Beyond that, the
induction will be the Staff Council, and also the briefing by
the Crime Intelligence. More than that I think what is quite
critical is the report and the briefing that we received from
the Auditor-General of South Africa on the audited financial
statement of the State Security Agency, on the audited
statement of the Crime Intelligence, and on the audited
financial statement of the Inspector General and the Defence
Intelligence.
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Lastly, it is also important to make a reflection that the
report also covers certificate of activities of the offices of
the Inspector-General of Intelligence, OIGI, upon the work that
it does on the State Security Agency on the Crime Intelligence
and on the Defence Intelligence. As I indicated, there are a
number of findings that the committee has made, one in terms
of the implementation of the high level ... [Inaudible.] ...
implementation around the Certificate of Intelligence.
The challenges that we are raising around the White Paper
Intelligence which has to be reviewed and also stability,
particularly, at the level of senior management in the State
Security Agency department, but also threats around the
incomplete work of Project Vesa. They need to ensure that
speed resolution mechanisms are dealt with so that we are then
able to ensure that we are having stability.
Beyond that, I think what is quite critical are the
recommendations that the committee is making on page 27 that I
captured. Lastly, as I indicated that for the ease of
reference for members, there are also annexures that speaks to
the report on the interception of private communications, the
report of the Auditor-General to Parliament, on all those
agencies. I thank you, Chair. I table the report for adoption.
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Debate concluded.
Question put: That the Report be adopted.
[Voting take in from minutes]
Report of the Joint Standing Committee On Intelligence for the
financial year ending 31 March 2020 including the period up to
December 2020 accordingly adopted in accordance with section
65 of the Constitution
Question put: That the Report be adopted.
[Voting take in from minutes]
Report of the Joint Standing Committee On Intelligence
(JSCI)for the financial year ending 31 March 2020 including
the period up to December 2020 accordingly adopted in
accordance with section 65 of the Constitution.
CONSIDERATION OF DELEGATION REPORTS ADOPTED BY THE
PARLIAMENTARY GROUP ON INTERNATIONAL RELATIONS (PGIR) ON 14
MAY 2021
AND
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CONSIDERATION OF REPORT OF THE SOUTH AFRICAN PARLIAMENTARY
DELEGATION ON THE VIRTUAL ATTENDANCE OF PARLIAMENTARY
LEADERSHIP FOR THE 2030 AGENDA WEBINAR SERIES: CLIMATE
LEADERSHIP: PREPARING FOR COP 26, 22 MARCH 2021
Ms W NGWENYA: House Chairperson, Chairperson and Deputy Chair
of the NCOP, House Chairperson hon Nyambi, Chief Whip of the
NCOP hon Mohai, permanent and special delegates to the NCOP,
ladies and gentlemen, all protocol observed.
I rise to table a report for the consideration by the house
for adoption. The report is about the South African
Parliamentary delegation which attended a virtual meeting on
parliamentary leadership for the 2030 Agenda Webinar Series on
Climate Leadership. The virtual meeting took place on 22 March
2021 and its purpose was to prepare for the United Nations COP
26 Conference on Climate Change, which took place recently in
Glasgow, Scotland from 31 October to 14 November 2021.
Hon House Chair, we are meeting today at a very befitting
time. You will remember that yesterday, on 13 December, we
marked 31 years since the return to South Africa of the late
former President of the African National Congress, Oliver
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Tambo. President Tambo returned to South Africa on 13 December
1990 after he went to exile nearly for 30 years.
Hon members, you will agree with me that president Tambo
became a link between the oppressed masses of our people and
democracy, as well as peace loving people of the world. In
essence, our public diplomacy was shaped by president O R who
sought and maintained international support for our struggle
through the world.
Hon House Chair, participation in the Webinar activities on
climate leadership ...
IsiZulu:
... iPhalamende lethu lizame ukukhuthaza kanye nokwenza lula
ukwakhiwa kwezinhlaka zokubusa ngentando yeningi, ukuze
kwakhiwe ubudlelwano obunobuhlakani ezindabeni
ezinentshisekelo efanayo kanye nokukhuthaza umgomo
wokusebenzisana phakathi kwezizwe nobumbano ngokuhambisana
nezinselelo phakathi kwamazwe omhlaba ikakhulukazi namazwe
asathuthuka jikelele.
English:
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To this end, our Parliament has enhanced its international
participation to include a broader set of platforms that
discuss a wide array of challenges facing the globe. The
participation of our parliamentary delegation on the virtual
meetings on 22 March, which preceded the COP 26, had confirmed
our willingness to deepen engagement in international fora.
I therefore wish to underscore that our international
relations engagements seek to address the triple challenges of
poverty, unemployment and inequality as identified in the
National Development Plan, Vision 2030. In this regard,
Parliamentarians have the responsibility to protect their
citizens from the threats of climate change to ensure a
sustainable future.
Our Parliament started sending and participating in United
Nation conference on climate change since November 2009, when
COP 15 was held in Denmark, in Copenhagen. Since 2009, our
Parliament has been consistent in attending the United Nations
climate change conference, which is held annually.
According to the report of our parliamentary delegation,
climate change poses one of the greatest challenges to South
Africa, especially in terms of the efforts needed to arrest
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it, by reducing emissions and adapting to its impacts. This
report indicates that tackling climate change has far reaching
implications for socioeconomic development, for production and
consumption patterns, and thus for employment and income
levels and poverty reduction.
IsiZulu:
Ngiyavumelana nombiko uma uthi:
Iningizimu Afrika ayigcini nje ngokuba yisisulu
semithelela yokuguquguquka kwesimo sezulu, kodwa futhi
inegalelo elikhulu kulolu hlelo, ngenxa yezinga
eliphezulu lentuthu engcolisa umoya.
English:
Hon members, during a webinar meeting held in March whose
focus was on climate leadership and preparing for COP26, it
was mentioned that it is critical that governments and
legislators in their respective countries around the world
should now focus on climate change and delivery.
Parliament plays a crucial role in designing and adopting the
necessary policies and laws and holding governments
accountable for delivering on the Paris Agreement. Its aims
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are to keep the rise in the global average temperature to well
below 2 degrees above pre-industrial levels. It also adopted a
bottom-up approach where countries themselves decide by how
much they will reduce their emissions by a certain year. Their
key role in approving laws and budgets are important in
addressing the climate crisis.
Following the attendance and participation of our
parliamentary delegation to the Webinar, the delegation has
produced a report, which enhance the role parliament in
climate as an oversight body to the executive. The delegation
made the following recommendations:
That Parliament should establish a formal structure for
overseeing climate change action undertaken by the executive
branch of government in Parliament, given the cross cutting
nature of climate change.
Alternatively, an independent body of experts can be
established outside the executive and Parliament to oversee
climate action and advise successfully and cost-effectively
undertake the transition to a low carbon economy by 2050. The
National Climate Change Bill provides a unique opportunity to
formalise the establishment of such a structure.
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It might be appropriate for South Africa to learn from the
rationale and functioning of the ... [Inaudible.] ... on
climate Change whose transition to a low-carbon society can be
done in a cost-effective manner in order to obtain very low
greenhouse gas emissions while maintaining welfare and
development.
There is also an opportunity for us to draw from the UK’s
climate change committee, which is an independent, statutory
body established under the Climate Change Act 2008. It aims to
advise the UK and devolve governments on emissions targets and
to report to Parliament on progress made in reducing
greenhouse gas emissions and preparing for and adapting to the
impacts of climate change.
The parliamentary delegation has made an observation that the
current oversight of climate action in government is not
effective. There is a need to strengthen our oversight role on
climate action in government.
As I have indicated in my introduction, the purpose of this
webinar meeting was to prepare and assist our parliamentary
delegation that had to attend COP 26 climate change conference
in November 2021. Amongst the parliamentary delegation that
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formed part of COP 26, from the NCOP, we were represented by
House Chairperson, hon Nyambi and hon Modise who is the
Chairperson of the Select Committee on Land Reform,
Environment, Mineral Resources and Energy.
The recommendations made by the March webinar on climate
change leadership have indeed empowered and capacitated our
parliamentary delegation to make sound and meaningful
contributions during the proceedings of COP26 on climate
change.
In concluding, House Chair, it is important to mention that
the delegation report that I am tabling to this House has
already been tabled to the PGIR meeting which took place on 27
August 2021. The PGIR is a Parliamentary Group on
International Relations, which according to the Joint Rules of
Parliament, is responsible to oversee the activities and
participation of Parliament in international relations. The
PGIR is co-chaired by House Chairperson responsible for
international relations hon Winnie Ngwenya of NCOP and hon
Ntombela of NA.
The report has also appeared to the official publication ...
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The HOUSE CHAIRPERSON: (Mr A J Nyambi): Hon Ngwenya, I have
been allowing the in conclusion. Can you conclude?
Ms W NGWENYA: ... the official publication of Parliament known
as Announcement, Tabling’s and Committee Reports, debate of
September 2021, and it is on the basis of its appearance to
the ATC that the House today is considering for its adoption.
Honourable members, with respect, I urge this House to support
this Report. I thank you, House Chair.
Debate concluded.
VOTING ON THE FIFTEENTH ORDER
Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal,
Limpopo, Mpumalanga, North West, Northern Cape, Western Cape.
Report accordingly adopted in accordance with section 65 of
the Constitution.
VOTING ON THE SIXTEENTH ORDER.
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Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal,
Limpopo, Mpumalanga, North West, Northern Cape, Western Cape.
Report accordingly adopted in accordance with section 65 of
the Constitution.
CONSIDERATION OF REPORT OF JOINT STANDING COMMITTEE ON THE
FINANCIAL MANAGEMENT OF PARLIAMENT THE REPUBLIC OF SOUTH
AFRICA’S PERFORMANCE IN THE FIRST QUARTER OF 2021-22, DATED 26
NOVEMBER 2021
AND
CONSIDERATION OF REPORT OF JOINT STANDING COMMITTEE ON THE
FINANCIAL MANAGEMENT OF PARLIAMENT OF THE REPUBLIC OF SOUTH
AFRICA’S DRAFT ANNUAL PERFORMANCE PLAN FOR 2022-23, DATED 26
NOVEMBER 2021
AND
CONSIDERATION OF REPORT OF JOINT STANDING COMMITTEE ON THE
FINANCIAL MANAGEMENT OF PARLIAMENT OF THE REPUBLIC OF SOUTH
AFRICA’S 2020-21 ANNUAL REPORT, DATED 26 NOVEMBER 2021.
Ms D G MAHLANGU: Hon House Chairperson, Chairperson of the
NCOP, hon Chief Whip, hon members and fellow South Africans, I
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greet you. I would like to take this opportunity to present
the report of the Joint Standing Committee on Financial
Management of Parliament and Parliament’s performance in
quarter one of 2021-22 financial year.
Chairperson, Parliament performed its activities in the first
quarter of 2021-22 financial year during the adjusted level 4
lockdown. Therefore, some plenary and committee activities
remained visual.
The committee has made the following observations. In the
first quarter of 2021-22 financial year, 12 performance
indicators were measured, of which nine of them were new in
the annual performance plan, APP, of 2021-22 financial year.
Three performance indicators originates from the APP of the
previous financial year. All the new performance indicators
were developed to measure the satisfaction of Members of
Parliament with the support offered to them. Out of 12 targets
set in the APP for 2021-22 financial year, 11 performance
indicators measured were achieved.
The Speakers’ Forum has approved the establishment of the
Parliamentary Institute for the Legislative Sector for
building capacity through training, development and research.
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The research conceptualization and scoping as well as the
funding model and governance of the Parliamentary Institute
for the Legislative Sector approved.
The committee is concerned that Parliament bids for its annual
budget like the national departments, of which Parliament is a
separate arm of the state, and should not be treated like the
departments which bids for the annual budget, which are part
of the executive. The reliance on the executive for bidding
Parliament’s annual budget may weaken Parliament’s oversight
over the executive.
The committee supports the efforts to increase public
participation in Parliament’s activities that ensure that more
people have access to information about Parliament through
television, radio, and social media, which will contribute to
the objectives of Parliament in relation to the public
participation. However, Parliament had not yet achieved the
concerns of the committee about televising Parliament’s
business on a pay-to-view channel. While the committee
welcomes the move to a member-centred performance evaluation
system, the details of how the system will work in practice
...
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The committee remained concerned about the fact that Programme
3 will receive a substantial allocation and includes Members’
facilities, yet performance in respect of this programme will
not be measured.
The Office on Institutions Supporting Democracy, OISD, the
Parliamentary Budget Office, PBO, Treasury Advisory Office,
TAO, and Legislative Sector Support, LSS, will report directly
to the executive authority. However, the APP has no
performance indicators to measure the performance of these
offices.
We welcome the appointment of the directors of the PBO and the
TAO offices, however, we remain concerned about the long delay
in filling the position of the Secretary to Parliament, chief
financial officer, and the chief audit executive. It is not
acceptable that Parliament remains with a number of vacancies
on key leadership positions, as this has the potential to
result in instability.
The following recommendations were made by the committee after
several deliberations. The committee recommended to – I hope
the hon Chairperson of the NCOP hears this - the executive
authority to respond within 30 days subsequent the adoption of
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the quarter one report of 2021-22 financial year by both
Houses.
The committee should be provided with the detail of the new
way of managing performance by giving more details in relation
to reliability, usefulness, accessibility and timelines as to
how they are measured and how the new method impacts the
existing performance management system.
The committee recommends that it should be provided with the
rationale for having included Members’ facilities under
Programme 3, and give reasons for not having performance
indicators under this programme in relation to the performance
of Members’ facilities.
The committee recommends that clarity should be provided as to
how the impact of the office of the PBO, OISD, and TAO, which
are funded, will their performance be measured and where they
will account for their performance and expenditure.
The committee recommends that it should be provided with an
explanation for the delay in the referral of the PBO’s
business plan and budget estimates. Furthermore, the executive
authority should ensure that the planning and budget
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information is referred for processing by the relevant
oversight committee to ensure that public funds are properly
accounted for.
The committee should receive a detailed report on the reasons
for the long delay in filling the position of the Secretary to
Parliament, chief executive officer, CFO, chief audit
executive, CAE, as well as the measures that have been put in
place to fill them before the end of 2021-22 financial year.
The committee recommends that the challenge around the
allocation of Parliament budget should be addressed as a
matter of urgency and consider Parliament’ status as a
separate arm of state with a constitutional obligation to
perform oversight over the executive. Every avenue should be
pursued to ensure that the majority of citizens have access to
information about parliamentary committee meetings and
plenaries. Therefore, parliamentary meetings should not be
aired on pay-to-view channels, but should be broadcasted on
the national broadcasting platform for the sake of the poor.
The committee should receive a detailed brief on the new
broadcast studio, particularly how it was funded, and its
expected impact, and the cost of operating it over the next
three years.
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These are observations and recommendations of the Joint
Standing Committee on Financial Management of Parliament
presented to this august House. I thank you.
Debate concluded.
Question put: That the Report be adopted.
[TAKE IN FROM MINUTES]
Report accordingly adopted in accordance with section 65 of
the Constitution.
Debate concluded.
Question put: That the Report be adopted.
[TAKE IN FROM MINUTES]
Report accordingly adopted in accordance with section 65 of
the Constitution.
Debate concluded.
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Question put: That the Report be adopted.
[TAKE IN FROM MINUTES]
Report accordingly adopted in accordance with section 65 of
the Constitution.
CONSIDERATION OF REPORT OF THE SELECT COMMITTEE ON TRADE AND
INDUSTRY, ECONOMIC DEVELOPMENT, SMALL BUSINESS DEVELOPMENT,
TOURISM, EMPLOYMENT AND LABOUR, JOINTLY WITH SELECT COMMITTEE
ON TRANSPORT, PUBLIC SERVICE AND ADMINISTRATION, PUBLIC WORKS
AND INFRASTRUCTURE AT THE CITY OF CAPE TOWN AND THE WEST COAST
DISTRICT IN WESTERN CAPE PROVINCE, DATED 7 DECEMBER 2021.
Mr M DANGOR: Thank you very much Chairperson. Chairperson, the
report is 45 pages and I present it on behalf of hon Rayi.
I’ll focus upon the observations and resolutions because I
will not get through 45 pages.
The Select Committee of Trade and Industry Economic
Development, Small Business Development, Tourism, Employment
and Labour jointly with the Select Committee on Public Service
and Administration and Public Works and Infrastructure have
taken an oversight visit to Cape Town and the West Coast
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District Municipality in the Western province from the 17th to
the 20th of August 2021.
The global financial crisis during 2008 and 2009 residue
impacted on the economy of South Africa which also affected
the Cape Metro and the West Coast District’s economy. Since
Covid-19 reached South Africa and the Western Cape, the
economic effects of the pandemic and the resulting lockdown
are still being incurred particularly by the most vulnerable
groups.
Many people still live in poverty and are without jobs,
inequality is worsening. The economy is not growing as
expected, unemployment and poverty remain the highest risks,
the consistent vulnerability including poverty and
unemployment, limited access to health care and population
density.
The following are the most vulnerable, Gugulethu, Khayelitsha,
Mitchells Plain, Makhaza and Dunoon. These areas are in most
of economic opportunities. This can be extended to the
vulnerable communities in the West Coast District. These areas
need high quality education and health care and most
importantly economic opportunities.
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Chair, the oversight visit in the Western Cape has
demonstrated a need for government and its development
partners to rapidly implement the economic reconstruction and
recovery plan to attempt to realise the National Development
Plan’s strategic goals.
In order to realise the National Policy Agenda, the
development programmes must be implemented rapidly and in a
manner that is just and equitable. There must be fairness in
the distribution of resources.
Chairperson, today we are highlighting like many government
policy strategic documents that one of the core challenges is
the South African economy, it’s the disparity between the
provincial economies and within provinces, regions and cities.
Larger cities and towns are growing faster than small regions
and towns and the key to reduce the disparities between the
larger cities and towns is inequalities. We will also clearly
demonstrate it during the oversight visit to cape Town and the
West Coast Municipality.
Chairperson, there’s a need to find sustainable solutions to
improve economic governance at a local level; to address the
imbalances between regions and within regions. Partnerships
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between government and all levels with the private sector
should be strengthened to drive economic development.
Coordination at all spheres of government including
development agencies in partnership with the private sector in
implementing economic development initiatives should be
supported and cemented.
In order to fully gain the benefits of all developmental
programmes such as SEZs, Small Economic Zones, and industrial
parks, all sectors and departments of energy, transport,
roads, public infrastructure, water and sanitation and SOEs,
state-owned entities, need to allocate resources in a more
strategic manner to strengthen and enhance the growth of SEZs
and industrial parks.
Chairperson, while the Western Cape did not suffer from the
economic inactivity as a result of the violent unrest that
crippled Gauteng and KwaZulu-Natal, economic and business
activity was affected. It suffered due to violent taxi
conflict that happened in the City of Cape Town. The taxi
violence has hampered some of the business operations and put
jobs of many people particularly from the vulnerable groups at
risk.
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In an attempt to restore and rebuild the economy, we need to
redouble our efforts in reviving the formal and informal
business industry. We need to find sustainable solutions to
check all the needs of the informal sector. The sector has
been overlooked. The importance of the informal economy is now
leaning more attention as the strategic sector that could
support South Africa including the provincial and local
economies to become more inclusive.
Investor and business confidence in the country remains low.
This has the potential to affect investments in critical
strategic sectors identified as having the potential to drive
an inclusive economic agenda.
We must support initiatives that promote investment and
strategic sectors including investment that will boost skills
to support strategic catalytic economic projects.
Chairperson, we support the initiatives that will strengthen
partnerships with the higher education institutions including
research institutes that invest in research and development to
support science and innovation. We support the initiative of
national government and support the demonstrative by the
Western Cape government to invest in the growth of the Biovac.
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This will add to government efforts to build and enhance the
growth of the pharmaceutical industry further to boost
government efforts to build health relation.
Chairperson, there’s a need to find sustainable solutions to
improve economic governance at a local level; to address
imbalances between regions and within regions, partnerships
between government at all levels with the private sector
should be strengthened to drive regional economic development.
The coordination at all spheres of government including
development agencies in partnership with such a private sector
implementing economic development initiative should be
supported and cemented.
In order to fully gain the benefits of all developmental
programmes such as SEZs, Small Economic Zones, and industrial
parks all sector departments in energy, transport, roads,
public infrastructure, water and sanitation and SOEs, need to
allocate resources in a more strategic manner to strengthen
and enhance the growth of SEZs and industrial parks.
Chairperson, While the Western Cape province did not suffer
from the economic inactivity as a result of the violent unrest
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that crippled Gauteng and KwaZulu-Natal, economic and business
activity did suffer.
In an attempt to restore and rebuild the economy, we need to
redouble our efforts in reviving the informal sector and the
informal business. We support the initiatives of national
government and we support the demonstrative by the Western
Cape government in trying to harmonise between the three
spheres of government to bring about more development.
The spatial mismatch with disconnections between people,
skills and investment is persisting the legacy of apartheid.
The inadequate coordination of development planning policies
resulting in transporting efficiencies, long term travel
distances and right level costs for the poor. The development
path needs to be reversed.
As I conclude hon Chairperson, I urge the House to support the
report. Thank you very much.
Debate concluded.
Question put: That the Report be adopted.
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Declarations of vote:
Ms C LABUSCHAGNE: Thank you, hon House Chair and, hon members,
for affording me the opportunity to congratulate the City of
Cape Town and the West Coast District Municipality on putting
together exemplary oversight as requested by the Select
Committee of the NCOP on Trade and Industry, Economic
Development, Small Business Development, Tourism, Employment
and Labour, jointly with the Select Committee on Transport,
Public Service and Administration, Public Works and
Infrastructure.
I am of the opinion that the committee members, who were part
of the delegation, could find little to fault, as the City of
Cape Town had already developed an inclusive economic growth
strategy and economic recovery plan. This will assist in
building a business-friendly environment, enabling firms to
grow and create jobs whilst adapting to market changes, and to
further empower individuals to be economically active and
socially mobile.
Furthermore, it was reassuring to learn and experience the
positive attitude of the West Coast District Municipality with
regard to the Saldanha Bay Industrial Development Zone, Blue
Sapphire Pearls and the West Coast National Park. It has
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therefore been proven that the success of all these businesses
is due to the great partnerships already cemented with the
Western Cape Department of Economic Development and Tourism,
the Ministry of Trade, Industry and Competition, the Ministry
of Public Enterprises, the Ministry of Small Business
Development and the Ministry of Higher Education to deliver
better and concrete results.
It is this beacon of hope that all municipalities should
follow on the path of regeneration and sustainable growth
after decades of mismanagement and neglect. I thank you.
Ms M L MOSHODI: Hon Chairperson, allow me to speak without my
camera owing to the weather. The City of Cape Town is the most
important economic driver in the Western Cape Province, a
significant source of national growth and the third largest
contributor to the national gross domestic product.
However, economic and social disparities are quite evident
within the province. Poverty and unemployment are the most
prevalent in areas such as Gugulethu, Khayelitsha, Mitchells
Plain, Macassar and Dunoon. Greater emphasis should be placed
on, and intervention is needed, in these areas to create
economic opportunities for our people.
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The DA in the Western Cape must stop its anti-poor and “swart
gevaar” posturing, and service our poor African people in
these areas. Building a community’s trust is a serious
challenge. To address the trust gap, the City of Cape Town
will need to work more closely with all communities,
particularly with the African population.
Furthermore, in order to achieve an inclusive economic
recovery strategy, the City of Cape Town will need to co-
operate more closely with all ... [Inaudible.] ... sectors of
government, communities and the corporate sector. For the city
to succeed, all populations, particularly vulnerable groups
like women, youths and persons with disabilities, must
benefit. Development should not be reserved for the elite as
is currently the case in the city.
The taxi conflict in Cape Town has put some businesses and
jobs, particularly those of the working class, in trouble. The
transport system is faced with capacity constraints that need
to be tackled. The rail infrastructure is declining and road
transport is experiencing congestion. The city needs to
improve its public transportation system, which serves
4,6 million people, particularly the MyCiTi bus service which
serves the poor and the working class. The failure of the City
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of Cape Town to spend R1,3 billion on this service to tackle
the constraints brought about the challenge in public
transport which is unacceptable and unjustifiable.
We call on the City of Cape Town to prioritise the needs of
African people. I thank you very much, hon Chairperson, and
hon members. Thank you.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal,
Limpopo, Mpumalanga, North West, Northern Cape, Western Cape.
Report accordingly adopted in accordance with section 65 of
the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND
JUSTICE AFRICAN CHARTER ON STATISTICS TO PARLIAMENT FOR
RATIFICATION, SIGNING AND DEPOSIT OF THE INSTRUMENT, DATED 08
DECEMBER 2021
Ms S SHAIKH: Thank you very much, hon House Chair. And greetings
to your good self.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Thank you.
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Ms S SHAIKH: Hon members, the African Charter on Statistics
tabled on 2 December 2020 by the Minister in the Presidency, was
referred to the Select Committee on Security and Justice for
consideration and report.
The African Charter on Statistics was adopted at the 11th
Ordinary Session of the Assembly of Heads of State and Government
of the African Union in Addis Ababa, Ethiopia on 03 February
2009. The purpose of this historical step by the Executive
Council of the African Union was to address the huge gaps that
still existed between the supply and demand for statistical
information needed for development and for the African
integration agenda. Following the endorsement of the Charter,
the Strategy for the Harmonisation of Statistics in Africa was
adopted.
Hon Chair, the African Charter on Statistics was tabled by the
Minister in the Presidency, in terms of section 231(2) of the
Constitution of the Republic of South Africa. In terms of Section
231 (2) of the Constitution. An international agreement binds
the Republic only after it has been approved by resolution in
both the National Assembly and the National Council of
Provinces, unless it is an agreement referred to in subsection
(3).
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In addition, the request for the tabling of the African Charter
on Statistics in Parliament for ratification, signing and
depositing it with the African Union is done in terms of section
231 (4) of the Constitution. That is: Any international
agreement becomes law in the Republic when it is enacted into
law by national legislation; but a self-executing provision of
an agreement that has been approved by Parliament is law in the
Republic unless it is inconsistent with the Constitution or an
Act of Parliament.
The African Charter on Statistics does not contain any self-
executing provisions that will become law in the Republic in
terms of section 231 (4) of the Constitution.
Hon Chair, the House should also note that in the process leading
up to tabling of Charter in Parliament, a legal opinion and
support on signing and ratification was obtained from the State
Law Advisors of the Department of Justice and Constitutional
Development on the Charter’s consistency with domestic laws.
Furthermore, a legal opinion and support on signing and
ratification was obtained from the Chief State Law Advisors at
the Department of International Relations and Co-operation on
the Charter’s consistency with international law and South
Africa’s international obligations.
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Hon Chair, the African Charter on Statistics is a regional legal
instrument which defines the principles governing the activity
of the institutions in charge of collecting, producing,
disseminating and analysing public statistics, and the ethical
and professional rules of conduct of African statisticians. The
Charter is aimed at strengthening the effective implementation
of the United Nations Fundamental Principles of Official
Statistics. The African Charter as I said was adopted in February
2009 but it was entered into force in February 2015. Despite the
progress already achieved in statistics, there is still remain
a number of major challenges facing the African statistical
system, particularly with regard to current and topical events
such as HIV and Aids, environment and climate change, and more
recently food and the financial crises.
Statistics are produced using methodologies that do not always
reflect African realities and are not always comparable across
countries. This is due to a number of constraints, including
inadequate resources being allocated to statistical activities,
a lack of institutional capacity, the low profile of statistics
on the continent, inadequate co-ordination of statistical
activities, and minimal consideration of African specificities
in setting up international standards.
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Regional Economic Communities’ statistical harmonisation
programmes vary from one region to another and rarely meet the
demand for harmonised statistics across the entire continent.
The Strategy for the Harmonisation of Statistics in Africa is a
continent-wide effort that directly responds to these challenges
and supports the African integration agenda.
Hon Chair, the purpose of the African Charter is therefore to
address gaps between supply and demand of statistical
information needed for development and attainment of the African
integration agenda. There is a need to base formulation,
monitoring and evaluation of policies on facts. The Charter
further supports the production of quality statistics necessary
for monitoring and evaluation of Agenda 2030 and Agenda 2063.
And the African Charter on Statistics, together with the
Strategy for the Harmonisation of Statistics in Africa are
initiatives contributing to the attainment of the continental
integration agenda, which is an overarching goal of African
leaders.
Hon Chair, Article 4 of the Charter contains the Commitment of
States Parties whereas Chapter 5 of the Charter sets out the
Implementation and Monitoring-evaluation Mechanism of the
Charter.
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Hon Chair, on 08 December 2021, the Select Committee on Security
and Justice received a briefing on the African Charter on
Statistics. The Committee was informed that South Africa has
legislation in place that governs statistics, the Statistics
Act, Act 6 of 1999. Furthermore, there were no financial
implications associated with the signing and ratifying of the
Charter.
Hon Chair, Statistics play a crucial role for government to
understand the performance of the economy towards Gross
Domestic Product’s growth or stagnancy. Statistics help
government to determine whether or not the labour market
caters for the demands of the economy as well as whether or
not all elements of the planning system are helping towards
addressing the demands of populations and societies.
The Select Committee on Security and Justice, having considered
the request for approval by Parliament of the African Charter
on Statistics, tabled in terms of section 231 (2) of the
Constitution of the Republic, recommends that the National
Council of Provinces approve the abovementioned Agreement. I
thank you, Chairperson.
Debate concluded.
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Question put: That the Report be adopted.
In Favour: Eastern Cape, Free State, Gauteng, KwaZulu-Natal,
Limpopo, Mpumalanga, North West, Northern Cape and Western
Cape.
Report accordingly adopted in accordance with section 65 of
the Constitution.
CONSIDERATION OF REPORT OF THE RULES COMMITTEE OF THE COUNCIL
ON THE 9TH EDITION OF THE RULES NATIONAL COUNCIL OF PROVINCES
The DEPUTY CHAIRPERSON OF THE NCOP: Chairperson of the NCOP,
House Chairpersons of the NCOP, the Chief Whip of the NCOP,
permanent and special delegates, ladies and gentlemen,
comrades and friends. It is indeed an honour for me to be
given this opportunity to table the Rules Committee Report on
the 9th Edition of the Rules of the National Council of
Provinces.
I want to begin by asserting that the greatest test of our
democratic project in the current dispensation is the efficacy
of the legislative sector to advance outcome-based oversight.
The legislative sector is facing a defining efficacy test,
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particularly with regard to its ability to reengineer its
institutional processes for purposes of accelerating economic
recovery and development during the ongoing onslaught of the
COVID-19 pandemic.
The Constitution of the Republic of South Africa hence affords
Parliament and the NCOP the right to develop its own internal
processes and rules which must necessarily be structured in a
manner taking cognisance of the acute development challenges
we face as a country.
Section 70 of the Constitution of the Republic of South Africa
makes clear proclamations on the internal arrangements,
proceedings and procedures of the National Council of
Provinces when it asserts that:
The National Council of Provinces may—(a) determine and
control its internal arrangements, proceedings and
procedures; and (b) make rules and orders concerning its
business, with due regard to representative and
participatory democracy, accountability, transparency and
public involvement.
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These are key constitutional proclamations which allow the
NCOP to strengthen its internal processes and arrangements in
a manner that advances participatory democracy,
accountability, transparency and public involvement.
Considering these constitutionally enshrined provisions and
South Africans compelling developmental context, I am of the
view that the review of the NCOP Rules was undertaken at a
very critical time enabling us to design our rules in a manner
taking cognisance of the acute development challenges that we
are currently facing as a country.
This review process enabled us to ... [Inaudible.] ... out a
set of contextually relevant and enabling rules which will
enable the NCOP to become more effective and impact-driven in
its approach.
As a sub-committee we, therefore, engaged in a series of
extensive deliberative processes going into the treasure ...
[Inaudible.] ... of the past in order to recover the ideals
that shaped our distinct and peculiar mandate as an
institution.
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We subsequently reached consensus that the rules of the
Council must be designed for the sole purpose of ensuring that
our collective approach as a House is premised on accelerating
the implementation of a people-centred and a people-driven
developmental agenda.
We further agreed that the rules must render us effectively
capable to put in place the most appropriate systems of
interaction with all our social partners while also rendering
us effectively capable to exercise our collective leadership
roles in a manner that is informed by the distinct mandate of
the Council.
Most significantly, we also agreed that the rules must enable
us to measure the impact of the work of the Council across its
various platforms through effective tracking and monitoring
mechanisms. This will allow us to measure our collective
performance as the NCOP particularly in giving effect to the
policy priorities that are set out by our functional electoral
mandate.
To this end, we can only measure the impact of our work if we
are clear on the assigned responsibilities of each of our
business units and by periodically assessing whether the
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measures and markers that we have put in place have indeed
resulted in changing the material conditions of our people.
Hon members, on the 10th of July 2019 the National Council of
Provinces’ Rules Committee mandated the Sub-Committee on the
Review of Council Rules to undertake the review of the 9th
Edition of the Council Rules. The report of the sub-committee
on the proposed amendments and the new proposed rules were
presented to the Rules Committee at its meeting on the 10th of
December 2021.
The Rules Committee, having considered the report and
deliberated on it, agreed to the proposed amendments and
proposals on the new rules which were made by the sub-
committee.
I want to underscore the fact that the amendments to the 9th
Edition of the NCOP Rules are both extensive and well-thought
through.
The committee has ensured that in its chapter several rules
are amended and that the current practices and conventions of
the Council are included in the rules.
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After extensive deliberations we reached consensus to amend
the functions of the permanent Deputy Chairperson, the House
Chairpersons, the Chief Whip and the appointment and
composition of the Whippery. All of the amendments are in line
with current practices and conventions of the Council.
The rule on leave of absence has been amended to be in line
with the constitutional provision on loss of the membership of
the Council.
The rules that formalise ministerial briefings and also
provided for referral of strategic plans and annual
performance plans of departments to committees, since this
forms part of the important work of oversight and
accountability exercised by the Council.
The rules on notices of motions and motions without notice
have also been amended to provide clarity on the format and
the types of motions.
The new rules on virtual and hybrid sittings of the House and
committees have also been included in the rules so as to
accommodate our new reality.
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New rules on establishing a committee on finance and committee
on appropriations have also been included.
The rule on lapsing and resumption of proceedings on Bills was
also amended to deal with the lapsing of Bills as well as any
other business that is before the Council at the time when the
term of the Council ends.
With regard to the questions to the President and Deputy
President the Council retains the current number of six
questions given that this practice has shown that it provides
for equity-based and proportional representation.
Hon members, I will extrapolate verbatim [Laughter.] trusting
that the members will be provided with the copy of the amended
rule book so as to familiarise themselves with the new
amendments which should serve as an important instrument to
enrich the work of the Council.
The amendments of the rules of the Council are meant to ensure
that we intensify our oversight in a coherent and effective
manner.
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I also just want to emphasise that we have agreed that we need
to have a workshop to make sure that all of the members are
properly equipped with the new rules.
With that said and done I also just want to mention that the
rules have been published in the Announcements, Tablings and
Committee Reports, ATC of 13 December.
I would like now to take this opportunity to extend my sincere
appreciation to the members of the sub-committee and the
committee under the leadership of the Chairperson, who made
every effort to engage in a constructive battle of ideas.
I would also like to extend my appreciation to the Chief Whip
in particular as well as all the members of the sub-committee,
but also to Adv Phindela and his team, who worked tirelessly
to enable us to table this report here today.
With all those said I hereby table the Report on the Amendment
of the 9th Edition of the NCOP Rules. Thank you very much. Ke
a leboga. Enkosi. Baie dankie.
Question put: That the Report be adopted.
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Voting.
Report accordingly adopted in accordance with section 65 of
the Constitution.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon members, before ...
let me allow the hon Chief Whip to make a statement. Hon Chief
Whip Mohai!
The CHIEF WHIP OF THE NCOP: Hon House Chair Nyambi, I just
want to make an appeal to members to prioritise the business
of the Council and make sure that their videos are on at all
times when they address the Chairperson or the Council. This
request has been made repeatedly by the Chairperson of the
House, hon Masondo. And it’s time really that members do
appreciate that this is significant with regard to the decorum
of our House.
Tomorrow we want to appeal that we need to see members when
they address the House or the Council not in their cars, not
in public places, but members should take positions that are
appropriate that they are part of the House. We can no longer
tolerate a behaviour where members speak to the House
unanimous that cannot be traced or rather be in a manner that
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is consistent with the decorum of this House. I really want to
make that appeal, House Chair. Thank you.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Thank you and straight
to the point. It’s ambling what has been said many times by
the Chair of the Council, Ntate [Mr] Masondo, and all other
presiding officers.
Hon delegates, allow me to take this opportunity to thank
Members of Executive Council, MECs, all special delegates, SA
Local Government Association, SALGA representatives for
availing themselves, your good self, hon members, for availing
yourself for this very important plenary.
Hon delegates, that concludes the business of the day. The
House is adjourned.
The Council adjourned at 14:21.