Hansard: NCOP: Unrevised hansard

House: National Council of Provinces

Date of Meeting: 22 Oct 2013

Summary

No summary available.

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Minutes

UNREVISED HANSARD

TUESDAY, 22 OCTOBER 2013

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PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES

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The Council met at 14:02.

 

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

 

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

 

NOTICES OF MOTION

 

Mr D A WORTH: Hon Chairperson, I hereby give notice that on the next sitting day of the Council, I shall move on behalf of the DA:

 

That the Council -

 

1. notes that despite large-scale violence against children, the Department of Social Development has failed to update the Child Protection Register, thereby failing the children of South Africa;

 

1. further notes that this is a recent finding contained in a report by the Human Rights Commission that was released last week;

 

1. also notes that Mr Isaac Mangena, a spokesperson for the Human Rights Commission has started an investigation as a result of complaints received about the register;

 

1. further notes that last year the department stated that there were 438 names on the register, however, earlier this year only 305 names could be traced; and

 

1. finally notes that experts in Child Protection and Welfare state that since the inception of the Child Protection Register in April 2012, it has been ineffective and not up to date.

 

Mr A G MATILA: Chairperson, I hereby give notice that on the next sitting day of the Council, I shall move on behalf of the ANC:

 

That the Council -

 

1. notes that the Democratic Alliance has once again thrown its toys out of the cot, claiming that the decision of the Municipal Demarcation Board to create a new metro in Gauteng by merging Midvaal Local Municipality with other municipalities is politically motivated, while the DA is in fact not only attempting  to sweep the findings of the Public Protector of gross maladministration and improper conduct by the DA administration and certain of its office bearers in Midvaal Municipality under the carpet, but is also attempting to disguise its desire to protect its political terrain in Midvaal as it is the only municipality in Gauteng that the DA controls;

 

1. further notes that this once again demonstrates the DA’s notion that what does not suit the DA is bad for the country, while the DA in fact fails to understand that the demarcation board is an independent authority, established in terms of the Municipal Demarcation Act of 1998, to determine municipal boundaries in accordance with the Act and performs its functions impartially and without fear, favour or prejudice;

 

1. takes this opportunity to condemn this cheap political play of the DA; and

 

1. calls on the DA rather to use its energy to bring its representatives up to speed with the provisions of relevant legislation and also to urgently implement the directives of the Public Protector and remedial measures to address the maladministration and improper conduct.

 

Mr M J R DE VILLIERS: Hon Chairperson, I hereby give notice that on the next sitting day of the Council, I shall move on behalf of the DA:

 

That the Council –

 

1. notes that in Marabastad, Kroonstad, there are still 120 people who must share one unenclosed toilet that the provincial government did not address in terms of the rules of national government;

 

1. further notes that it is shocking that the sewage flows out of a manhole into the streets and the Vals River in Constantia;

 

1. also notes that these two service delivery failures in the community and South Africa is unacceptable and a disgrace;

 

1. also notes that the ANC government does not care about the good health and dignity of the poor; and

 

1. finally notes a request to debate service delivery and how it influences the status of people’s wealth and health.

 

TRAINING FOR SENIOR MANAGERS IN GOVERNMENT

 

(Draft Resolution)

 

Mr M H MOKGOBI: Chairperson, I move without notice:

 

That the Council -

 

1. notes with appreciation the news that it will be “back to school” for senior government managers;

 

1. further notes that senior managers in government will get a comprehensive training on how to follow procedures when taking disciplinary steps against misbehaving civil servants;

 

1. also notes that there was evidence that the situation is so bad that civil servants were getting away with misconduct because some senior managers do not follow disciplinary policy; and

 

1. commends government for taking such a step which seeks to build the capacity of its civil servants and thereby improving service delivery to the people.

 

Motion agreed to in accordance with section 65 of the Constitution.

 

CONDOLENCES ON PASSING AWAY OF MRS ETHEL JOSEPH

(Draft Resolution)

 

The CHIEF WHIP OF THE COUNCIL: Chairperson, I move without notice:

 

That the Council -

 

1. notes with profound sadness and grief the passing away of Ethel Joseph on Saturday, 19 October 2013 at the age of 87;

 

1. further notes that Ethel Joseph was the mother of Western Cape Delegate, Hon Mr Denis Joseph;

 

1. also notes that the funeral will be this coming Saturday, 26 October at 09h00 at the United Reform Church in the corner of 6th Avenue and Boundary Road in Retreat, and

 

1. takes this opportunity to convey its heartfelt condolences to the family of Hon Denis Joseph and wishes them strength in these trying times.

 

Motion agreed to in accordance with section 65 of the Constitution.

 

KILLING OF LAWRENCE MOEPI

 

(Draft Resolution)

 

Mr B L MASHILE: Chairperson, I move without notice:

 

That the Council -

 

1. notes with shock and sadness the news of the killing of the Director of Forensic Services at auditing firm (Sizwe-Ntsaluba-Gobodo) who was shot dead the last Friday morning at the company's office in Houghton, Johannesburg;

 

1. further note that Mr Lawrence Moepi, who worked closely with the police's commercial crime unit (the now defunct Directorate of Special Operations known as the Scorpions) and as PricewaterhouseCoopers Forensic Services Director, is reported to have been followed to his workplace by men in a VW Golf and was shot dead as he got out of his car;

 

1. takes this opportunity to convey our sincere condolences to Mr Meopi’s family and friends during this difficult time; and

 

1. calls on the investigating unit to work around the clock and bring the perpetrators of this barbaric act to book.

 

Motion agreed to in accordance with section 65 of the Constitution.

 

PRAVIN GORDHAN NAMED FINANCE MINISTER OF THE YEAR FOR SUB-SAHARAN AFRICA

 

(Draft Resolution)

 

Mr V M MANZINI: Chairperson, I move without notice:

 

That the Council -

 

1. notes that the Minister of Finance, Hon Pravin Gordhan has been named Sub-Saharan Africa Finance Minister of the Year;

 

1. also notes that he was honoured by Emerging Markets, a website that is specialising in economic and financial services;

 

1. further notes that Mr Gordhan was appointed as the Finance Minister in 2009 at the height of the global economic crisis; and

 

1. finally notes that he has been praised by analysts, especially since South Africa is more exposed than other emerging markets to dangers stemming from an eventual pullback of quantitative easing by the federal reserve.

 

Motion agreed to in accordance with section 65 of the Constitution.

LAUNCH OF 2013-14 PHASE OF HLOKOMELA ROAD SAFETY PROGRAMME

 

(Draft Resolution)

 

Mr M P SIBANDE: Chairperson, I move without notice:

 

That the Council -

 

1. notes that the Deputy Minister of Transport has officially launched the 2013/14 phase of the national Hlokomela Programme in Johannesburg last week as part of transport month;

 

1. further notes that this programme is a joint campaign between the Road Accident Fund and the South African Taxi Council which is aimed at promoting road safety and responsible driving and behaviour among taxi drivers, other road users, passengers and pedestrians;

 

1. also notes that it is aimed in particular at improving driver’s conduct on the roads and  to reduce road accidents by ensuring that taxi drivers and road users comply with road safety rules;

 

1. welcomes this initiative and takes this opportunity to call on all taxi drivers, other road users and role players as well as the public to comply with all road rules and regulations and to ensure that their vehicles are roadworthy; and

 

1. calls on all taxi drivers, other road users and role players once again to transform their minds and attitudes towards road safety and respect for each other on the road.

 

Motion agreed to in accordance with section 65 of the Constitution.

 

KILLING OF LEE HEINRICH ADAMS IN ALLEGED SATANIC RITUAL

 

(Draft Resolution)

 

Mr F ADAMS: Chairperson, I move without notice:

 

That the Council -

 

1. notes with shock and sadness the brutal killing of a 15 year old boy by a 17 year old in an alleged satanic ritual, in the area of Ravensmead, Cape Town;

 

1. further notes that the decapitated body of Lee Heinrich Adams, 15, was found on Thursday evening in an abandoned building which was once Florida Primary School whilst his head was discovered two days later buried at the 17-year-old boy’s home, about 1.5km from the school;

 

1. conveys its sincere condolences to the family and friends of the deceased during this difficult time;

 

1. applauds the work done by the investigating officers so far and calls on them and all the people to work together in trying to root out this sickness in communities; and

 

1. calls on the Provincial Government to do something with all its buildings which are left unattended across communities.

 

Motion agreed to in accordance with section 65 of the Constitution.

 

OFFICIAL OPENING OF ECON OIL IN SEKHUKHUNE

 

(Draft Resolution)

 

Mr D D GAMEDE: Chairperson, I move without notice:

 

That the Council -

 

1. notes with appreciation the news of the official opening of an oil company in the Sekhukhune District of Limpopo Province;
2. further notes that this black women owned Petroleum Company called Econ Oil, which was officially opened last week Thursday at the Marble Hall by the Minister of Public Enterprise, Honourable Malusi Gigaba;

 

1. also notes that the company has won a five-year contract worth more than R1bn to supply Eskom power stations in the neighbouring Mpumalanga province with specialised oil fuel;

 

1. also notes that since it was established more than 10 years ago, this 100% black women owned company has created 30 permanent employment opportunities and owns 10 trucks;

 

1. applauds this great initiative by the black women of the country which place themselves at the centre of the South African economy.

 

Motion agreed to in accordance with section 65 of the Constitution.

 

PROBLEMS IN WESTERN CAPE REGARDING PAYMENT OF INVOICES FOR REPAIRS OF POLICE VEHICLES

 

(Draft Resolution)

 

Mr T M H MOFOKENG: Chairperson, I move without notice:

 

That the Council -

 

1. notes with utmost concern reports of police vehicles in the Western Cape that are gathering dust in workshops because of unpaid bills in respect of repairs to such vehicles while many police stations have a shortage of vehicles;

 

1. further notes that the tender for the Western Cape to repair police vehicles was allegedly awarded to a Johannesburg based company that has no workshops of its own in the Western Cape and has therefore contracted subcontractors to do the work;

 

1. also notes that internal disputes between the service provider and its subcontractors are allegedly the cause for the non-payment of invoices for repairs; and

 

1. takes this opportunity to call on the Minister of Police to intervene as a matter of urgency and to ensure that remedial measures are implemented without delay.

 

Motion agreed to in accordance with section 65 of the Constitution.

 

WEAPONS FOUND IN CELL OF CONVICTED MURDERER IN WELLINGTON PRISON IN MTHATHA

 

(Draft Resolution)

Mrs A N D QIKANI: Chairperson, I move without notice:

 

That the Council -

 

1. notes with shock and utmost concern that a long term prisoner of Wellington Prison in Mthatha in the Eastern Cape, who was convicted of murder, was recently found in possession of a firearm, ammunition and Okapi knives in his prison cell;

 

1. further notes that three other prisoners are allegedly also linked to these weapons;

 

1. also notes that the firearm was found hidden in a box of weet-bix while 5 rounds of ammunition were found in a packet of sugar and some Okapi knives in a chips packet;

 

1. calls on the Minister of Correctional Services to investigate this incident as a matter of urgency and to lay appropriate criminal charges against all those involved or implicated in this shocking state of affairs; and

 

1. calls on the Minister to take appropriate disciplinary steps against officials involved and further to immediately implement appropriate measures to prevent recurring of this state of affairs.

 

Motion agreed to in accordance with section 65 of the Constitution.

 

SUSPENSION OF MULTIBILLION RAND CONTRACT BY MPUMALANGA HEALTH DEPARTMENT

 

(Draft resolution)

 

Mr T E CHAANE: Chairperson, I move without notice:

 

That the Council -

 

1. notes that the Mpumalanga Health Department has recently suspended a multi million rand contract after it was found that prescribed supply-chain and procurement processes were not followed when the tender relating to the circumcision of 260 000 boys and men was awarded to a private company;

 

1. further notes that the value of the contract would have been in excess of R 180 million while it is required that contracts over R 500 000 are only to be awarded through a public competitive bidding process;

 

1. welcomes the decision by the department and takes this opportunity to call on the MEC for Health and the provincial department of health to investigate the matter thoroughly as a matter of urgency; and
2. calls the MEC for Health and the provincial Department of Health to take appropriate disciplinary steps against officials involved and also to lay appropriate criminal charges against those who were involved and/or were implicated in the  violating of proper processes.

 

Motion agreed to in accordance with section 65 of the Constitution.

 

LAUNCH OF BRIDGE CITY RAIL LINK PROJECT IN KWAZULU-NATAL

 

(Draft Resolution)

 

Mrs N W MAGADLA: Chairperson, I move without notice:

 

That the Council -

 

1. notes the launch of the Bridge City Rail Link project by Government in the KwaZulu-Natal province this coming Saturday, 26 October 2013;

 

1. further notes that the Rail Link project which will cost an estimated R1.3 billion is part of Government’s multi-billion rand infrastructure roll-out programme;

 

1. also notes that the 3.5km dual railway Presidential Lead Project will cater for high volumes of commuters and integrate the public transport system in the Durban metro;

 

1. further notes that the project will link the townships of  Inanda, Ntuzuma and KwaMashu north of Durban and is regarded as the largest rail infrastructure development project in the Durban area; and

 

1. commends government for speeding up the process of rolling out the infrastructure programme which seeks to deliver safe and reliable transport to all people.

 

Motion agreed to in accordance with section 65 of the Constitution.

 

BANKS AMENDMENT BILL

 

(Consideration of Bill and of Report thereon)

 

Mr C J DE BEER: Chairperson, the mission of the South African Reserve Bank’s Bank Supervision Department, BSD, is to promote the soundness of the banking system and to contribute to financial stability. It is imperative that the regulation and supervision of banks are based on international standards and best practice.

 

In order to facilitate the implementation of the Basel II agreement, both the Banks Act and related regulations were comprehensively amended during 2007, with the amendments becoming effective on 1 January 2008.

 

During 2008, the BSD was subjected to and involved in a number of international assessments, namely, firstly, a voluntary pilot project by the World Bank to assess the BSD implementation of Basel II; secondly, a scheduled financial sector assessment programme by the World Bank and the International Monetary Fund, IMF; and thirdly, a scheduled assessment of South Africa’s compliance with anti-money laundering requirements and the combat of terrorist financing by reviewing the recommendations of the Financial Action Task Force.

 

As a result of the ongoing global financial crisis and the requirements set by the financial stability board at their various meetings during 2009 and 2011, the Basel Committee on Banking Supervision, BCBS, issued further prescriptions relating to the banking supervision in the document entitled “Basel III”. These prescriptions were also revised again in 2011. The prescriptions relate, mainly to the strengthening of the global capital framework and the liquidity standards for banks. These prescriptions have necessitated the insertion of a number of definitions contained in the Banks Act.

 

The proposed amendments are the result of a process of revision of the Banks Act since 2009 and the amendments are as follows: the cancellation of registration at the request of the Bank, amendments to sections 27 and 47; the cancellation of registration, amendment to section 23; the speed with which to act to allay collapses due to curatorships, amendment to section 69; and also the amendment of section 52 and 64(c).

 

The Select Committee on Finance, having considered and examined the Banks Amendment Bill [B 34 B – 2012 (Reprint)] (National Assembly –section 75) referred it to and was classified by the Joint Tagging Mechanism, JTM, as a section 75 Bill, agrees to the Bill without amendments. I therefore move that the House adopts this Bill. [Applause.]

 

The CHAIRPERSON OF THE NCOP: Let me remind hon members that this is a section 75 Bill and that all of us, including the special delegates, are going to vote, not only heads of delegations.

 

Hon Sibande, are you experiencing any problem? [Interjections.] [Laughter.] Alright, just indicate this to me: Are you voting in favour of, against or are you abstaining? Okay, in favour.

 

Debate concluded.

 

Question put: That the Bill be agreed to.

Bill accordingly agreed to in accordance with section 75 of the Constitution.

 

CRIMINAL LAW (FORENSIC PROCEDURE) AMENDMENT BILL

 

(Consideration of Bill and of Report thereon)

 

Mr T M H MOFOKENG: Chairperson, the Criminal Law Forensic Procedure Amendment Bill was adopted by the National Assembly on 22 August and referred to the NCOP for consideration. At present South Africa does not have a legal framework governing the collection, analysis and use of DNA, and the establishment of a national DNA database. The Criminal Law (Forensic Procedure) Amendment Bill is the culmination of the legislative processes that started with the introduction of legislation relating to fingerprints, body prints and photographic images that was passed by Parliament in 2010. It provides, inter alia, for the establishment, administration and maintenance of a national forensic DNA database to allow for comparative forensic DNA searches and the retention, storage and destruction of DNA samples and forensic DNA profiles.

 

The main features of the Bill establishes a national DNA database containing six different categories of indices, including crime scene index, arrestee index, convicted offender index, investigative index, elimination index and the missing persons and unidentified human remains index.

The children subindexes will be created. The Bill seeks to align its provisions relating to the taking of DNA samples and the retention and removal of the DNA profiles of children with that of the Child Justice Act of 2008 to ensure that the rights of children are protected. DNA can only be taken with the informed consent of a person or the parents of a minor and the Bill sets out timeframes for the removal of DNA profiles.

 

After consideration by the select committee, the committee proposes that the House approves the Bill with its proposed amendments. I thank you. [Applause.]

 

Debate concluded.

 

Question put: That the Bill be agreed to.

 

Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.

 

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT - MUTUAL LEGAL ASSISTANCE BETWEEN THE REPUBLIC OF SOUTH AFRICA AND THE REPUBLIC OF KOREA

 

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT - EXTRADITION TREATY BETWEEN THE REPUBLIC OF SOUTH AFRICA AND THE REPUBLIC OF KOREA

Mr T M H MOFOKENG: Chairperson, in terms of section 231 of the Constitution of South Africa, an international agreement in respect of which Parliament’s approval is required only binds the Republic after it is approved by resolution in both the National Assembly and the National Council of Provinces.

 

In terms of the extradition treaty between South Africa and the Republic of Korea, the extradition of a fugitive can only be requested if the offence in question is an offence in both countries, and is punishable by a sentence of at least one year’s imprisonment. The state from which extradition is requested can refuse such a request if the person is a national of the requested state and proceedings must be instituted within the requesting state.

 

The treaty has a number of articles setting out its scope, including an obligation to extradite when requested and subject to the provisions of this agreement. In terms of article 2, extraditable offences include those offences which, at the time of request, were punishable under the laws of both parties. The article on mandatory grounds for refusal state that extradition will not be granted under the treaty if the requested party determined that the offence for which extradition was requested was a political offence or an offence connected with a political offence. In terms of article 4 discretionary grounds for refusal of extradition include grounds that the offence carries the death penalty under the law of the requesting party.

 

After considering the two treaties, the committee recommends that the NCOP approves them in order for South Africa to fulfil its obligation towards the Republic of Korea. Thank you very much. [Applause.]

 

Debate concluded.

 

Question put: That the Report on Mutual Legal Assistance between the Republic of South Africa and the Republic of Korea 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.

 

Question put: That the Report on Extradition Treaty between the Republic of South Africa and the Republic of Korea be adopted.

 

The CHAIRPERSON OF THE NCOP: Whilst members are voting, I just want to make clear something that has come to the Table. Hon Mofokeng, is it South Korea or North Korea? This is a question that came to the Table.

Mr T M H MOFOKENG: It is the Republic of South Korea.

 

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 CONSTITUTIONAL DEVELOPMENT - PROVISIONAL SUSPENSION OF MAGISTRATE MS J F VAN SCHALKWYK, CHIEF MAGISTRATE AT KEMPTON PARK

 

Mr T M H MOFOKENG: Chair, the select committee, having considered the report of the Minister of Justice and Constitutional Development on the provisional suspension of Magistrate Ms J F van Schalkwyk, pending the outcome of an investigation into her fitness to hold office as a magistrate, as required by section 13(3)(b) of the Magistrates Act, No 90 of 1993, reports as follows.

 

The Acting Chief Magistrate and Acting Cluster Head, Gauteng, lodged a formal complaint with the Magistrates Commission as regards Magistrate Van Schalkwyk’s refusal to execute a lawful order. The tone of her written correspondence per email to the chief magistrate in this regard was derogatory, disrespectful and insulting to both the chief magistrate and the chief justice. Furthermore, she distributed said correspondence to all and sundry in the lower courts.

 

She severely abuses her power as judicial officer, especially with reference to magistrates under her control, by using them, inter alia, for non-official purposes.

 

She requires magistrates under her control to attend to her personal matters.

 

She gambled during official hours and requested one of her magistrates to take her to Emperor’s Palace one morning at approximately 10:00. She frequently borrows money from subordinates and does not always return the money. She borrowed and received money on a regular basis from the attorney, Mr Moloi, who deals with her courthouse in an official, legal capacity.

 

Having considered the report of the Magistrates Commission and the recommendation of the Minister of Justice and Constitutional Development, the committee concurs with the Minister’s provisional suspension and requests the Council to confirm the suspension. Thank you very much.

 

Debate concluded.

 

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.

 

The CHAIRPERSON OF THE NCOP: Hon Chief Whip, can I continue? [Interjections.] We are now coming to the Subject for Discussion. [Interjections.]

 

Alright, we shall now continue. [Interjections.] Perhaps you will be surprised at why I was asking that question. [Interjections.] Yes, you are also surprised! It is because I did not see the person who should lead the debate in the House. That is the reason I asked the question. [Interjections.] Alright. So, I will adjourn the House for five minutes in order to allow for the Deputy Minister to be here. Thank you.

 

Business suspended at 14:43 and resumed at 15:03.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon members, the Deputy Minister is not available yet. He is still travelling, but I understand, so I will proceed. The first person then will have to be hon Ncube.

 

The CHIEF WHIP OF THE NCOP: Madam Chair, on a point of order: I think you as the presiding officer owes the House an explanation as to what is happening so that at least you apologise to the members as well because everybody was so confused.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Chief Whip, that is the first thing that I did. I gave an explanation as to why I will proceed and asked the hon Ncube to be the first speaker. As soon as the speech is here someone else is going to be reading that speech, but that is going to take time and there has already been a break prior to this. I am therefore going to continue and ask hon Ncube to start and when the speech is here, then the person who is going to read it will come forward. Continue.

 

DEBATE ON MINE WASTE MANAGEMENT: FINDING A LASTING AND COST EFFECTIVE SOLUTION TO ACID MINE DRAINAGE

 

Ms B V MNCUBE: (Gauteng): Deputy Chairperson, hon members, allow me firstly express the profound appreciation of the leadership and the people of Gauteng for this very important debate. Indeed this debate is remarkable demonstration and reaffirmation of the fundamental principles that lie at the heart of the mandate of the National Council of Provinces, which is to represent the interests of provinces.

 

On behalf of Gauteng provincial delegation, I would like to express our profound appreciation and gratitude to the Chief Whip of the Council and the entire Whippery and the presidium for ensuring that debate finally take place. I say this because today’s debate was sponsored by Gauteng province.

 

The origin of South Africa’s economy has a strong association with mining, in particular gold mining. Through the discovery of gold on the Witwatersrand in the now province of Gauteng in the late 1800s, it was recognised as the world’s largest gold and uranium mining bases. The Witwatersrand facilitated the extraction of 43 500 tons of gold and 73 000 tons of uranium between 1953 and 1995. In almost 120 years the mining sector remains one of the critical drivers of our economy. However, the recklessness of the apartheid state and its inability to develop a coherent mining policy in order to manage the future impact of mining in South Africa, our nation has been left with one of the most environmentally degraded countries in the world. In fact, in many parts of the Gauteng province, mine waste such as acidic mine drainage, the legacy of mining continues to affect surface and ground water resources long after mining operations have ceased. This is because some mining companies allow untreated acid mine water to flow into streams, dams and sources of ground water.

 

The problem of acidic water drainage in Gauteng was exacerbated by the nature of the interconnectedness of the gold deposits in the Witwatersrand. In fact, when individual mines ceased operations they stopped pumping, allowing deposits of their operations to flood the surface. Owing to the interconnections this water flooded until it reached several openings into neighbouring mines and human settlement areas. As more mines closed down, the burden of pumping water was carried by fewer and fewer mines until the last operating mine stopped pumping and the problem had reached crisis point that we witness today.

 

A detailed study of acid mine drainage formation transport and impacts in the Witwatersrand conducted by the Council for Geoscience on behalf of the Department of Mineral Resources, clearly shows that if the issued of acidic water drainage is not addressed, it will not only create toxin environmental degradation, but also pose a major health hazard to our people and create water quality problems for the province.

 

In response to the crisis of acidic water drainage, in August 2010, the Cabinet convened a special task team on acid mine drainage, central to the concerns that were raised in the report of the task team was the fact that arising acidic mine water drainage within the mine voids will not only come into contact with surface water resources, but will also flow into down gradient areas via the ground water conduits. This will be most pronounced in the pyramid-shaped dolomite rocks around the Witwatersrand. The task team also pointed out that acidic mine water drainage is most likely going to result in decant of water and ecological degradation that could have negative impact on down streams and water resource in the province.

 

One of the pervasive concerns regarding acidic water in the Witwatersrand is that it will largely affect South Africa’s major river systems and that the water pumped from the Witwatersrand mine voids for example, the water that is currently decanting from the western basin, the water that will decant from the eastern basin by Grootvlei mine is an important contributor to the salinity of the Crocodile and Vaal Rivers’ system. It will also have far-reaching implications to the Lesotho Highlands Water Project.

 

Acid mine drainage has significant economic and environmental impacts owing to both corrosive effects of acid water on the infrastructure and equipment as well as a severe environmental impact related to the low pH and high metal and salt loadings. It is for this reason that as the Gauteng province we have reaffirmed our commitment to working with government to address the problem of acidic mine water drainage in the Gauteng province. We are committed to continue our efforts to working with the Department of Water and Environmental Affairs in order to ensure pollution prevention and explore other strategies to minimise the impact of acid water drainage such as water reuse, reclamation and treatment in the affected areas in the province.

 

The South African mining industry is one of the most developed in the world and therefore has an important role to play in the global acid mine drainage management. It is our view that the government should seek stringent measures of ensuring that mine companies put in place means to manage the iconological impact of their mining in our country. We must ensure that those who benefited from the current irresponsible mining exploration are held responsible or made to form part of the solution in order to minimise the long-term impact of acid water drainage in the province. In simple terms the principle of the polluter pays should be put in place and enforced.

 

Several studies have reaffirmed our concerns that unless water is pumped from the mines, it will eventually fill the voids to a point where water decants to the surface and result in highly toxic water sources and environmental degradation. We need to manage the water flooding and the potential impact to the quality of water resources especially in the Witwatersrand area. Global experience has shown that there will not be a single treatment method that can be used in every situation, and that appropriate treatment methods need to be selected from the range available for each mine water type encountered.

 

We need to look at other active, passive and pretreatment means and technologies such as airrasion, neutralisation - which often includes metal precipitation - metals removal, chemical precipitation, membrane processes, iron exchange and biological sulphate removal that have been proved very successful in other parts of the world.

 

As the ANC we have made it our responsibility to help all South Africans to have a safe and healthy environment. We are committed to ensuring that reckless use of our national resources never occurs on our watch. We shall stand on the mountain tops to speak against any company that shows utter disregard of our environment and the health of our people. We shall be the champion of the future generation. We shall ensure that our nation uses our environment in a careful and planned way so that all people, including future generations can benefit from it. I thank you. [Applause.]

 

Mr K A SINCLAIR: Hon Deputy Chairperson, acid mine drainage or acid rock drainage refers to the outflow of acidic water from, usually abandoned, metal mines or coal mines.

 

The mining industry has been a significant driver of the country’s economy, dating back more than a century. According to an environmental industry adviser, Sarah Dyke, many of the mining houses that pioneered the industry in South Africa have moved on to other areas or have evolved into other companies or consortiums.

 

The Mining Weekly recently reported that of the 120 mining companies that once mined in the Witwatersrand, only 6 remained. There are about 6 000 ownerless and abandoned mines, as well as about 270 tailings dams in the area containing almost six billion tons of pyrite, which is a catalyst for acid mine drainage, AMD. Acid mine drainage production over the next couple of centuries will be a reality.

 

In the context of the debate, I will support the viewpoint of Water Stewardship Council of Southern Africa trustee Dr Anthony Turton. Turton states that progress in the roll-out of technical solutions for AMD has been impaired by nongovernmental organisations, NGOs, activity relating to assigning liability. He further argues that in essence NGOs have argued that the polluter pays principle must apply and have launched a range of legal actions to enforce this. This has now gone through various courts and in general the apportionment of liability has been a failure as the cause of the problem is not current negligence by mining companies, but rather the historical failure of our predemocratic government to put in place the relevant government structures that could ringfence capital for rehabilitation, and develop a viable closure strategy for mines.

 

Hon Deputy Chairperson, I share the viewpoint of Turton and I disagree with the viewpoint of hon Mncube, who says that there is an urgent need to shift from blame-seeking to solution-seeking behaviour. We must find the answer to this challenge in the future and not in the past.

 

In terms of this context, Turton divides the potential treatment options for South Africa into two categories. The one is the legacy model and the other is the public-private partnership model. The legacy model is based on the logic that society benefited from a century of mining, so that society is now responsible for the historic externalisation of costs. This model regards AMD as being a perpetual problem to be managed for near infinity.

 

The next model is the public-private partnership, which is a manifestation of the lack of a formal closure strategy to manage the transition to a post-mining economy. Therefore, a partnership should be negotiated with rehabilitation companies capable of removing all surface tailings and thus releasing the 5 445 hectares of occupied land by residue areas for safe economic use.

 

Hon Deputy Chairperson, to achieve this, there must be the political will to accept and budget for the implementation of these proposals. In last year’s national Budget, Minister Pravin Gordhan set aside R433 million. This is not enough, because almost R2,2 billion is needed to address that. This problem can only be addressed if role-players can stop finding culprits in the past and be innovative. The proposals of Dr Turton can certainly go a long way in addressing this challenge. I thank you. [Applause.]

 

The DEPUTY MINISTER OF MINERAL RESOURCES: Speaker, hon members, let me start by apologising for the inconvenience that was caused this morning. But just to lay the facts on the table, they are that the Minister is not around and I’ve just learnt now that we should come and participate on this topic, which is not new to us. It is a matter that we deal with every day. Let me also take the opportunity to thank Gauteng for introducing this very important topic.

 

The importance of this topic is that South Africa, as you know, is a mining country, mining being the backbone of this economy, and it has been engaged in mining for many years. We have mined for over 100 years, and we have developed a lot of knowledge, expertise and experience in mining. The experience that South Africa is widely recognised as the mining destination, mining does matter to South Africa.

 

Regarding the profile of the minerals and the commodities that we have in South Africa, we are still confident of the future; that we should not repeat the mistakes that we’ve committed in the past. Our profile of commodities is that South Africa today is still the richest in the world when it comes to proven deposits underground and elsewhere. We have at present close to 2 000 operating mines and quarries in South Africa.

 

It is important to know that since 2004, when we passed the Mineral and Petroleum Resources Development Act, MPRDA, the number of mines has grown from 900 to 1 600 or 1 700. In terms of employment, we have also grown; the employment in mining is at about 506 000. Therefore, there has been growth in mining. The Mineral and Petroleum Resources Development Act, which is the backbone and the law that governs our industry, has been very effective in economic development.

 

I want to continue by asking, what is this experience that we have in mining? It is important to know that Gauteng is as it is today out of the growth of gold, and Kimberley, out of the growth of diamonds, etc. We have moved from some single commodities to a point where we have over 50 commodities that we are mining in this country. We are still the number one producer country that has a huge deposit of manganese. We can quote why we are number one. That report is available for members to see that we still have a long way to go in mining.

 

However, apart from the good things that we are talking about in mining, we must also recognise that there is the bad and ugly side to mining. The bad side means that the environmental degradation that we have inherited and have been busy trying to deal with over the decades of mining suggests that our environment is heavily polluted. Acid mine drainage is just one of those issues.

 

We can also talk about the rest of the landscape, which has changed in mining in small communities and municipalities that are unable to have access to land, because the land was destroyed by mining. That is the burden that lies with us as the democratic government, to ensure that we rehabilitate the environment. The rehabilitation of the environment will take a lot of money. We have done preliminary research to find out how much it will cost and it goes into billions. The Treasury does not give us enough money to undertake rehabilitation as we want to.

 

The Council for Geosciences and Mining Technology are busy with rehabilitation of ownerless and derelict mines, which hon Sinclair has alluded to.

 

I won’t go into the bad side of mining. The ugly side of mining has  to do with mine health and safety, where we look at the statistics, although the Mine Health and Safety Act has ensured that we see a dramatic decline in the statistics of accidents and fatalities in mines. But we still say that life is very important. If you take mineworkers underground, they must come back alive. The statistics that we have given over to Parliament in terms of the reduction and the number of people who still die in mines are there for you to see.

 

Now, what is this acid mine drainage, as has been said here, especially by the two provinces? Thank you for the speech. Those provinces are Gauteng and Mpumalanga, where we have the problem of acid mine drainage.

 

Through the Trans-Caledon Tunnel Authority, TCTA, the government is trying to manage acid mine drainage. One of the ways of doing it is to ensure that during rainy seasons water is diverted, like we are going to have now. We have built some canals, like the Florida Canal, which is able to divert water so that it does not get into the shafts that are open.

 

The second one is where decanting is taking place. Where the polluted water gets out, you are able to treat the water before you release it into the rivers or streams. That is taking place. And there are a lot of concerns that have been raised. I can assure members that this matter is under control.

 

When it comes to the issue of a way forward in mining, you will recall that one must try and deal with problems in terms of the experience that we had in the past, and also to try to ensure that we do not repeat the mistakes. Ten years ago, in 2004, we implemented the Mineral and Petroleum Resources Development Act, although we had passed it in 2002.

 

Its implementation was to ensure that there is consistent and systematic transformation in the mining industry. This is our most solid piece of legislation that we have not changed over the years. The result is that on 1 May 2014, the 10 years of transformation expires.

 

The challenge is with us as the Department of Mineral Resources, the mining industry and you, hon members, to ensure that the laws of this country are complied with and adhered to. There we spelled out exactly what the transformation targets are. Those are targets that relate to black economic empowerment, women’s empowerment, skills, and especially the living and working conditions of mineworkers.

 

At present we are dealing with a very important case that I must share with you. The issue is dealt with by the Deputy President of the country; it is one of the degradation of the mining that we have seen in the form of damage to our ecology and economy and our people, those who are sick and destitute in the rural areas.

 

We tend to forget that in The Employment Bureau of Africa, Teba, database we have 1,2 million ex-mineworkers who are all over South Africa and the neighbouring states. Some of them are suffering from silicosis, cases of TB and there are asbestos-related cases. We are dealing with that as a project that we want to complete, because in 1987, when there were strikes in the mines, some of the workers left without claiming their pensions, UIF or compensation.

 

We have been travelling the length and breadth of this country to ensure that we don’t forget the human side of the damage that was done by mining. It’s a programme that we hope to complete within this financial year and we are working flat out to deal with this matter.

There are other issues that come from mining, but those are not as urgent as the acid mine drainage that we have in front of us today. I thought I should share some of these thoughts and say that I am happy to report that the matter is safely under control. Thank you, Speaker. [Applause.]

 

Mr M J R DE VILLIERS: Hon Deputy Chairperson, I just want to tell you that I am actually participating in this debate on behalf of hon Liza van Lingen, because her flight was also delayed today. As you all know, South Africa’s vast mineral resources and the wealth created through that industry has funded the development of the country. We are only beginning to grasp the environmental impact this industry has had since 1896. However, it will continue to do so for decades to come. This problem is 117 years old ...

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Will you just hold on. Hon Gamede.

 

Mr D D GAMEDE: Thank you, Deputy Chair. I do not know whether this House is being misled, because in the committee meeting this morning we were told that hon Van Lingen was busy somewhere in the Eastern Cape. Now, hon De Villiers says her flight has been delayed. [Laughter.] [Interjections.]

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Okay, members. Let me direct my question to hon De Villiers. What is happening?

Mr M J R DE VILLIERS: She was actually attending to something this morning and thereafter left. Thank you, hon Chair.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Will you withdraw your statement that her flight has been delayed.

 

Mr M J R DE VILLIERS: No, I won’t. My statement is correct. She was delayed. She was delayed! May I carry on?

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): If you so wish.

 

Mr M J R DE VILLIERS: The impact of climate change, industrial expansion and large-scale pollution, particularly acid mine drainage, pose a huge risk to our collective security and wellbeing as the irreparable damage to our ground will lead to depleted resources in the near future.

 

The biggest challenge with acid mine drainage is the unknown. To fully prevent the problem, we must be able to quantify it. In a report published by the interministerial committee in 2012, there was still a challenge with regard to quantifying the problem. The acid mine drainage, AMD, research must be done per region to fully understand the problem. This means expanding from the current focus of Witwatersrand and the Vaal Triangle to include Limpopo, Mpumalanga and KwaZulu-Natal.

 

Getting mines to contribute financially is of paramount importance. The current Mineral and Petroleum Resources Development Act, together with General Notice 257 of 2005, provide methodology which allows for financial estimation of the closure quantum to be provided by a mine. Until recently, very little in rehabilitation has been required. Thus, the problem lies largely with historical mines, when pollution was not monitored.

 

The fact that water is treated as a side issue when it comes to water use licences indicates that there are significant weaknesses in the Water Act. The Act must protect water from greed and reckless development as a source of life, especially when taxpayers may end up paying the bill of an estimated R2,2 billion short-term solution to AMD.

 

The fact that even the National Development Plan is vague on water governance up to 2030 required urgent intervention. The Department of Mineral Resources and the Department of Water and Environmental Affairs have converging competencies on AMD, mining and water licences. This fragmentation of responsibilities results in the divergence of funds in addition to unwanted competition between the departments. It is a disincentive to investing in mining in South Africa.

 

Government should place all mining and mining-related responsibility in one department so that one department is responsible for all mining activities, including AMD. It is thus reasonable to demand to know what the cost of sustainable solutions will be and who will pay for it. We urgently need research into the matter, which should involve an opportunity for noble ideas, always bearing in mind that the process we use should not produce its own negative impact on the environment.

 

Calculating the cost should thus include calculating the potential environmental impact. AMD is actually threatening our heritage and our future if not properly addressed. I just want to say that select committee issues must stay there and not come to this House. Thank you very much. [Applause.]

 

Mr G G MOKGORO: Deputy Chairman, the veteran, Deputy Minister, hon members, ladies and gentlemen ...

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Mr Mokgoro, just hold on for a second. Hon Sinclair.

 

Mr K A SINCLAIR: Madam Chairperson, just on a point of order: I am confused. The hon member addressed you as “chairman”.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Sinclair, can we save time? Will you please take your seat? Hon Mokgoro, continue, sir.

 

Mr G G MOKGORO: South Africa is on the verge of completing two decades in its democracy with the acceleration of the programme to improve the quality of life of all the people. As we are on this long journey to a prosperous and safe society, the occurrence of diseases and sicknesses such as asbestosis in the Northern Cape province, resulting from mine waste and acid mine drainage, threaten the promised fear-free life as stated in the Freedom Charter and our rich Constitution.

 

A variety of waste is generated and disposed of in the provinces, including municipal, agricultural, agro processing, mining and nuclear waste. Given this variety, equally varied approaches and appropriate competencies are required to manage the different types of waste and proper storage, handling and disposal of the environmentally hazardous material should be addressed. A need for greater environmental awareness and of raising awareness pertaining to environmental legislation is important as part of the initiative to address these challenges.

 

As the government of the people, for the people, by the people, we align ourselves with section 24 (b) of our Constitution, which states that all South Africans have a constitutional right to an environment that is not harmful to their health and wellbeing and to have the environment protected for the benefit of present and future generations.

 

Based on the lessons of the past years in our democracy and the electoral mandate of the ANC, five strategic priorities have been identified for the term 2009 – 2013. Those include the building of a developmental state that is effective, efficient and prosperous; accelerating delivery and supporting the vulnerable; fostering development partnership; social cohesion and community mobilisation. These bring the basis for a caring government to challenge every nation-loving South African citizen to contribute in finding a lasting and cost-effective solution to acid mine drainage.

 

The basic political pillar of the post-1994 democratic state is that of a people-centred and people-driven government. This is informed by the principle of working with citizens and communities, hence solutions must be everybody’s responsibility. We, as Members of Parliament, need to appreciate that an investment in protecting the environment by effectively managing mine waste will also result in a long-term saving on health cases. Against this background, the respective departments, working together, are expected to enforce compliance with a growing number of environmental laws with dwindling financial and personal resources. Regarding the environment, we want our rich environmental and natural resources endowed to us to benefit not only us, but also our children and grandchildren in the future.

 

Getting guidance from the National Development Plan, we are working through the South African National Biodiversity Institute to spearhead an innovative programme of work and ecological infrastructure, analysis and costing of our natural capital. This body of knowledge will empower us to make informed development- related decisions. The national waste management strategy continues to contribute to the creation of varied industries that are deliberately structured to deliver sustainable livelihoods.

 

It is worth noting that provinces and municipalities are tuned to the development of their integrated waste management plans to ensure that the planning around provision and management of waste complies with the requirements of the Waste Act.

 

The successful integration of the water use and waste licences for waste disposal facilities is an example of successful integration of the licensing processes. There is a need to continue with the project of reducing the number of unlicensed waste disposal sites. The departments concerned should be encouraged in their establishment of the norms and standards for the remediation of contaminated land; storage of waste; flouring of landfill gas and waste classification and management regulation. To deal with acid mine drainage, our government has improvised some immediate solutions to stop the uncontrollable decant, the upgrading of the uranium plant, and the construction of a power station and new water treatment plans have been effected.

 

This will ensure that the critical environmental level is not reached. In all this, the commitment of our government to a safer and healthier society proves to be helpful. Our government has executed the implementation process of the national waste management strategy for sustainable development in terms of the White Paper policy on Integrated Pollution and Waste Management for South Africa. The strategy presents a long-term plan for addressing key issues, needs and problems experienced regarding waste management in South Africa.

 

As a national agenda, there needs to be a collective effort by all South Africans to find a long-term solution to the acid mine drainage crisis. A call is made to all South African experts, community members, women and children, to focus on finding a solution. Everyone has a solution. The government has opened up processes in order to listen to the people. Let’s focus on what we should do as a collective. We cannot say that everybody has a perfect solution, but we will try to find holistic solution. I think you will agree that a better South Africa means a better Africa and in turn a better world. I thank you, Deputy Chair.

 

Mr N NTOMBELA (KwaZulu-Natal): Hon Deputy Chairperson, hon Deputy Minister, distinguished members of the NCOP, I am here on behalf of KwaZulu-Natal province and I am representing the MEC for Economic Development and Tourism, who could not be with us here today.

We are told that a drop of oil could contaminate large volumes of one of the scarcest resources on earth - water, which, as we all know, is not just a simple commodity, but denotes life for all living organisms including us human beings. It is for that reason that nations across the world fiercely secure their waters as precious possessions to ensure their sustainable livelihood and for preservation for future generations.

 

South Africa is a semi-arid country with limited water reservoirs and as such is not endowed with massive downpours, as is the case with equatorial regions such as the Great Lakes in the DRC, on our own continent, and the Amazon forest in Brazil. We must construct facilities like dams and private reservoirs to store water for both domestic and industrial purposes. We are often expected to scrabble for groundwater, which is not readily available, especially during dry seasons. The very scarce groundwater is being threatened by contamination from acid mine drainage. As we all know, in spite of other material shortcomings, this country is among the leading mining nations in the world.

 

Untreated water flows especially from disused mines finds its way to surface water, which is often used for human consumption and other business operations, including farming. Having acknowledged the significance of water for human survival and economic development, it has become a common challenge for all of us to find collective solutions amid the need to promote growth in our mining sector, which has been the country’s life blood for more than 150 years, generating 1,4 million jobs while having multiple effects on other sectors of our economy. We are told that mining contributes an estimated R447 billion to the nation’s gross domestic product while it contributes direct corporate taxation of around R25,8 billion to state coffers.

 

Besides this, mining organisations also play a major role in the socioeconomic transformation of many communities. In 2011, for instance, mining contributed R1,3 billion towards social investment programmes, though there are still concerns that some companies are failing to appreciate the importance of corporate investment to empower communities in the vicinity of their operations.

 

In KwaZulu-Natal we have acknowledged the partnership between government and mining houses in addressing critical socioeconomic challenges facing our communities, with the alluvial or sand mining giants Richards Bay Minerals and Exxaro on the North Coast playing their part in the province’s economic progress.

 

Frankly speaking, mining continues to be South Africa’s major industrialisation factor as it has a butterfly effect, which generates growth in other sectors of the economy while also serving as the largest source of our energy. Electricity, that fuels our overall economy, is still derived from mining and coal, which provides almost 94% of the country’s energy supply. We know that efforts are made to develop alternative clean and environmentally friendly energy sources such as wind and solar power, but in the meantime coal is our driving force.

 

However, while we appreciate the impact of mining on the nation’s socioeconomic trajectory, we are equally mindful of the damages that this sector is inflicting on the socioeconomic profile of our people, especially through uncontrolled acid mine drainage that could pollute large quantities of our water system - threatening the health of human beings, animals and, of course, other creatures in the ecosystem. Moreover, the interface between contaminated underground water and surface usable supplies would have detrimental effects on the whole industrial value chain as all business operations rely on water and, more importantly, the agricultural business reduces water drawn from various sources, including groundwater, and dams are already impacted as often we are informed that certain animals die and plants are destroyed because of suspected exposure to polluted water.

 

With acid mine water featuring dreadful elements from high salt levels, lower pH and high levels of sulphide to minerals emanating from heavy metals, it could adversely affect the lives of all living organisms. The refilling of water tunnels in the disused mines with water certainly results in free seepage of contaminated water to the surface, where it interacts with consumable water in rivers, streams and dams, as well as boreholes that provide highly needed ground water supplies, especially in the poverty-stricken rural communities and indeed farming settlements. The resultant poor water quality leads to numerous ailments which compromise productivity as sick residents cannot be expected to pursue effective work. We have seen the repercussions of reckless asbestos mining in the Northern Cape. Sadly, rivers know no national borders, hence acid mine drainage water could also spill over to neighbouring countries, which could have serious diplomatic socioeconomic and health implications for the region.

 

As we are concerned about the negative effect on the economy in general, however, the most immediate danger is the collapse of the agricultural sector as human beings couldn’t be expected to continue exposing themselves to food supply that has the potential to harm them, hence the country’s food security would inevitably be compromised. Farmers are already raising concerns that unless we put in place tangible mitigation actions to reduce or even delete the consequences of acid mining drainage in our water mains, all domestic and export markets for agricultural products would be severely affected, as we realised from the international response when we had the foot and mouth epidemic in the recent years.

 

Coming from a province that has a substantial farming industry located side by side with mines, especially coal mines, in the midland towns of Dundee, Newcastle, Vryheid and Hattingspruit, KwaZulu-Natal, shares the same sentiments as the rest of the nation with respect to this new threat to our national health and industrialisation. In view of the province currently positioning itself as an active participant in the nation’s effort to attract investment to various sectors of the economy, we are worried that the issue of acid mine water will become a major impediment to potential investors, who have to be assured of quality water supplies for both human and industrial consumption.

 

This implies that while we value mining as a strategic group industry in our country, we have to be mindful that it doesn’t dent our investment prospects, especially with respect to industries that have a long-term and sustainable presence in our economy, such as tourism and other service businesses.

 

There has been debate about possible interventions that could assist in protecting our water system from the rigours of acid mine drainage and such mitigating factors should be seen in the light of saving the national interest rather than being perceived as punitive measures that could discourage mining altogether. There are mining houses which are equally concerned about the environmental sensitivities related to mining and are prepared to join forces with the government to develop effective solutions amid reports that there are some operations that are only worried about making quick profits and not concerned about the aftermath of their mining. It is therefore essential that we isolate the two kinds of role-players and work closely with the former, while considering appropriate penalties against reckless offenders. We require putting in place commercially and environmentally sustainable and viable solutions that would address the level and varied chemical composition of acid mine water.

 

We are aware of suggested interventions in the past, which included heavy taxation of mining organisations, that could be used to raise funds to develop new technologies, that in turn could be used to reduce acid levels in water or that can cleanse water of any impurities related to acid mine drainage. We are therefore pleased to note that scientists have already initiated processes to research practical and effective methods to address this challenge. We have been informed that the CSIR was working on the development of treatment facilities designed to neutralise or remove metal and sulphate compounds from acid mine drainage using nontoxic chemical elements. Though imposing penalties on offending mining houses could be a deterrent, long-term solutions could be secured through the development of environmentally friendly technologies to rescue contaminated water. This would be essential for the protection of human beings, plants and animals from exposure to acid mine water, as well as assuring investors that our water is of a high quality. With KwaZulu-Natal having several coal mines that could be contributing to the acid mine water problem, we could learn from other coal mining regions such as Witbank in Mpumalanga, where the eMalahleni Water Reclamation Plant was established to purify water from acid mine drainage for human consumption and other uses. This is a product of social partners involving private sector organisations such as mining giants BHP Billiton and Anglo Coal as well as government. Certainly, this is a demonstration that in some instances mining businesses don’t need to be forced to do the right things. All should be based on their consciousness about the need to engage in harmless business ventures for sustainable development.

 

We are fully supportive of the government injection of around R433 million towards addressing the acid mine drainage contamination, especially in Gauteng, and we believe this intervention would be a strong foundation to build on a solid pedestal for both the state and the industry to develop long-term solutions such as permanent water treatment plants that could purify pumped water from deep mine tunnels to reduce its negative effect on the ground and surface water systems.

 

If companies take an initiative in addressing this problem without coercion, since it’s also in their interest to run clean enterprises, we might be spared the effort of having to legislate punitive measures that could be difficult to police. We know that the current situation is not in the main related to all present mining companies. Most of the organisations that created acid mine drainage problems had since ceased mining and it has become our collective responsibility as a nation, especially as government and current mining ventures, to identify solutions to deal with these issues.

As KwaZulu-Natal, we believe that, together with mining companies, we can make an attractive and responsible industrial activity that entrenches a positive legacy to bequeath to our people rather than inheriting dangerously contaminated water supplies. Thank you. [Applause.]

 

Kgoshi M P K TSHIVHASE (Limpopo): Hon Deputy Chairperson, I thank you for granting me this opportunity. The Deputy Minister has already said, and I quote: “The matter is safely under control.” He has said that just now. I hope that my contribution to this debate will make an impact, will be of value and will be appreciated. We understand the seriousness and the importance of environmental sustenance. Therefore, our engagement today will be profitable to the nation in this regard.

 

The mining sector has played a paramount role in the socioeconomic growth and development of the country in general and also in attracting foreign direct investment, although it has slightly regressed in recent years. Obviously, this impacts negatively on the mining houses’ financial sustenance and the ultimate concern is therefore the sustainability of these businesses and the upliftment of our people.

 

Without moving away from the crux of the debate, the country is endowed with vast amounts of mineral resources which are currently mined by large and small mining corporations in the country. As such these mining activities produce different waste outputs which require mines to adhere to the country’s environmental management legislation. The adherence to the legislation will ensure and enhance the basic needs in sustaining the livelihood by protecting and conserving the quality of natural assets such as land and water. Thus we stress that the adherence to legislation and other standards, such as the ISO 14001 regarding the environment, be followed. This has to include the triple bottom line of reporting as recommended in the King Report 3, which stipulates the three imperatives of reporting, and among them is environmental care management.

 

Technical guidance on the development, operation and monitoring of waste disposal sites is provided through government’s minimum requirements. These requirements are outlined in the related document on waste management in the series published by the Department of Water Affairs and Forestry in the second edition of 1998.

 

As the debate rests upon compliance, adapting to good practices, accountability, planning and sustainability for the future, I hope we will do justice to these elements to ensure that there is sustainability and balance in development and protection. The creation of legislation is a pivotal tool to prevent cumbersome and the inevitably costly processes of sorting out the waste later, especially if hazardous and nonhazardous wastes are mixed. Our national water streams will also be protected. Another advantage is that there will be efficiency and avoid unnecessary costs that may be incurred as a result of an ineffective waste management system and from lawsuits or costly litigation and revocation of operating licences.

 

Our participation as Limpopo in this discourse is to ensure that people live comfortably, ensuring development of the country’s economy and that co-operatives in mining maintain profitability while taking vicarious care of the environment. For the said to be realised it is our responsibility to conduct oversight over the mines, improve prevailing legislation and develop new legislation.

 

Considering that the mines in South Africa are great players in the global markets suggests that there is a concurrent caution and sensitivity that should be acquired in their governance. This is achieved by virtue of consultation of experts, and that empowerment be necessitated in the implementation of laws during production until the end of the process of production, and to ascertain positive outcomes.

 

In conclusion, I therefore recommend the continuation of satisfactory rehabilitation of the mining lands. After closing, employ advanced technology to minimise environmental damage and effective waste management, recycle the waste produced and maintain  an office for an environmental specialist at all mines. Thank you, hon Deputy Chairperson.

 

Ms N MAYATHULA KHOZA (MEC of Agriculture, Rural and Social Development Gauteng): Hon Deputy Chairperson of the NCOP, hon members, hon Deputy Minister, I would really like to thank you for inviting us to be part of this very, very important debate. I would also like to express my appreciation to the Gauteng delegation for initiating this very important debate today. I am therefore here, representing the Premier of Gauteng and the Executive Council of Gauteng, and it is, indeed, a privilege to be part of this debate on mine waste management, with the title, Finding a Lasting and Cost-effective Solution to Acid Mine Drainage.

 

I am certain we are all aware that acid mine drainage is, indeed, a challenging matter which has been in the media spotlight in recent years. As a result, our government has seen fit to dedicate this debate to this topical issue, and draw much-needed awareness to the challenge of acid mine drainage. This issue is not limited to our water resources, as it also impacts on our environment, health and infrastructure in our communities.

 

The acid mine drainage problem is a mining legacy issue, as explained earlier on, and a challenge which is very complex but which requires solutions. We also believe that the solutions are highly expensive and of a multifaceted technical nature. The release of contaminated mining water into our rivers has been affecting the water quality of both surface and ground water for almost one hundred years – since mining activities started in the region.

 

I thought I should also briefly share with the hon Chair and members the progress that has been made so far. Before I do that, allow me to quote from the Constitution, which states that environmental stresses and patterns of economic development are linked to one another. Agricultural policies may lie at the root of land, water and forest degradation. Energy policies are associated with the global greenhouse effect, with acidification, and with deforestation for fuel wood in many developing nations. These stresses all threaten economic development in our country.

 

Thus, economics and ecology must be completely integrated in decision-making processes, not just to protect the environment, but also to protect and promote sustainable development in our country. Economy is not just about the production of wealth, as was seen one hundred years ago, and ecology is not just about the protection of nature. These are both equally relevant for improving the lot and the lives of humankind.

 

Allow me to share with the hon members some progress that has been made. I would like to agree with the Deputy Minister – the situation is safely under control. We appreciate the interministerial committee that has been spoken about. It has provided an immediate solution to this challenge.

 

At the Western Basin in Gauteng, there has been an immediate solution to the problem, but there are also future interventions. The Department of Water Affairs contracted the Trans-Caledon Tunnel Authority, TCTA, who then commissioned an immediate solution. This employs neutralisation to treat the acid mine water. Currently, 33 megalitres of acid mine water have been neutralised on a daily basis and discharged into the environment. Since August 2012, no untreated acid mine drainage water has reached our environment. The only water that has reached our environment is water that has been neutralised and treated.

 

The immediate solution is dealing adequately with the winter low-flow rates, but this may be compromised with the onset of the wet season. During September, measurements were taken and the water level at this Western Basin was measured to be approximately three metres from surface decant. The longterm solution will address salinity loading on the water resources. It will also see the treatment of mine water for beneficial use for potable water by our people and for industrial water use by the agricultural sector, as well as the mining sector, itself. The target for this longterm solution is about 2016.

 

We also have the Central Basin in Gauteng. Here, due to minimal underground mining, there is no active dewatering. Currently, there are civil works in progress to construct a pump station. This is work done by the TCTA to prepare for neutralisation, as well. This work is nearing completion and the projected commissioning date is 14 November 2014, to protect the environment.

 

The project will treat 57 megalitres of acid mine drainage water on a daily basis for discharge into the Elsburg Spruit. This intervention will protect aquifers from being contaminated with acid mine drainage water and will also offer other protection for matters associated with underground acid mine drainage water. Water levels at the Central Basin were measured in September 2013 and were found to be 192 metres from the surface. Again, the matter is safely under control, including Gold Reef City, which is, as we speak, safe.

 

There is minimal underground mining on the Eastern Basin, as well. There is no active dewatering, just like at the Central Basin. There is also construction of a pumping plant here, which is projected to commence in November 2013, just a few days from now. The water level at the Eastern Basin was also measured and was found to be 385 metres from the surface. This was measured at Grootvlei Mine’s No 4 shaft on 10 September 2013. Again, the matter is safely under control.

 

The interministerial task team led by the Minister commissioned longterm research into this matter to ensure sustainable resolution of acid mine drainage. I am informed that this longterm study was completed in February 2013, and a draft report is already available. The study contained environmental, social, economic, legal, institutional and technical components. This study dealt with an issue that cuts across various mandates, and there is an interdepartmental committee where each sector will have a role to play in bringing their specific expertise to the table. In order to gain a broad range of inputs, the study consulted key stakeholder groups and various additional specialists in the field of acid mine drainage through focused meetings.

 

The economic analysis provides a detailed cost-benefit analysis, looking at different scenarios relating to the handling of the acid mine drainage problem. The cost-benefit analysis covers different options, such as, firstly, the do nothing scenario, which we do not opt for; or secondly, an investment scenario, which, as government, we have chosen. Furthermore, the cost-benefit analysis examines the benefits and costs of allocating responsibility for the scenarios to both the public and the private sectors. The economic analysis provides a quantified set of costs and benefits, which, wherever possible, feeds into the financial model.

 

On the financial focus itself, it is anticipated that any solution to the problem requires massive investment. The financial analysis must inform the quantum of the investment. A financial model that takes into account the full life-cycle costing of all the investments required will be developed. The financial model must incorporate scenarios of public and private sector investment, as well as examining the potential revenue sources, if any, that can be derived from the investment. Where possible, the actual costs and benefits, as identified by the cost-benefit analysis will be included in the financial model.

 

The study team will consider strategies for identification, quantification and mitigation of risks that might affect the project, and incorporate these into the financial model. We must also reiterate the position of the ANC as well as that of the interministerial team – the financial model must also take into consideration the polluter pays principle, because in the past, many of the miners ran away with the wealth.

 

In conclusion, on the technical focus, the key stakeholders have, indeed, been engaged throughout the study and measures are in place to communicate progress effectively. It is expected that the feasibility study will be followed by a formal environmental impact assessment. A feasible solution will be one that is technically sound, environmentally sustainable, economically viable, institutionally feasible and legally acceptable.

 

As the Gauteng province, we are deeply involved in the intergovernmental task team, a team of expert government officials that is tasked with day-to-day engagement on acid mine drainage. We have also undertaken awareness campaigns in the communities in all these places, emphasising the West Rand area, to conscientise our people on what acid mine drainage is all about and the work that government is doing to deal with it. Once again, the matter is safely under control. I thank you. [Applause.]

 

Mr T L MAKUNYANE: Hon Chairperson, hon Deputy Minister, it is an honour for us to participate in this important debate on our ongoing efforts to find lasting and cost-effective solutions to acid mine drainage and other related consequences of mining.

 

Hon Chairperson, up front we need to point out that these solutions need to take into account the interests of local communities and those of future generations. They must be sustainable, intra-generational and intergenerational. Secondly, we have to note that mining corporations, like all other corporations, do not have a conscience, nor do they know any morality. As Joel Bakan writes in his book, The Corporation:

 

The corporation can neither recognise nor act upon moral reasons to refrain from harming others. Nothing in its legal makeup limits what it can do to others in pursuit of its selfish ends, and it is compelled to cause harm when the benefits of doing so outweigh the costs. Only pragmatic concern for its own interests and the laws of the land constrain the corporation’s predatory instincts, and often that is not enough to stop it from destroying lives, damaging communities, and endangering the planet as a whole.

 

It is therefore important that when we look for solutions the interests of the greater society, especially the affected communities have to be weighed against the corporate profits.

 

Hon Chair, acid mine drainage occurs when oxygen reaches rainwater that seeps into mine cavities and extensively fragmented rock mass and react with pyrites to produce sulphuric acid. This acid water can contaminate surface water, kill off fish and other aquatic life, destroy important ecosystems and cause such water to be unfit for human consumption.

 

Mine tailings also contain other heavy metals, including arsenic cadmium, cobalt and mercury, some of which are carcinogenic or highly toxic.

 

Although pyrite is a common minor constituent in many mineral deposits and is associated with our coal and the gold deposits of the Witwatersrand Basin, not all of South Africa’s mineral deposits are afflicted by acid production, which are diamond, iron, manganese and chrome. Vanadium mines do not generate acid-producing wastes and the majority of our platinum mines also seem to be free of this problem.

 

Many coal mines in the eMalahleni, Middelburg, area lie abandoned; some are on fire; some have collapsed and most are decanting acidic water into the environment. The water is entering the tributaries of the Olifants River, where it is slowly neutralised. However, the water remains highly saline and sulphate concentrations are particularly elevated, as can be observed from the rising salinity and sulphate concentration of the water in the Middelburg and eMalahleni Dams.

 

The problem becomes worse during dry periods and improves somewhat during wet periods, but the general trend is one of steadily increasing salinity and sulphate concentration. The quality of local water is so poor that Eskom imports water from the eastern escarpment for use in the power stations in the eMalahleni or Middelburg area.

 

We are all part of a very large life support system, which is planet earth. If you damage one part of this system, the consequences may appear somewhere else in the system years from now. Ultimately, pyrite in the rocks of these mining areas will be fully oxidised and acid mine drainage will cease, but what are the consequences of the damage that will have been caused till then. There is no indication as to how long this will take, but the problem is likely to persist for centuries rather than decades.

 

Chairperson, the situation in the Olifants River catchment area continues to deteriorate. Attempts were made to install a treatment plant, particularly in the heavily polluted Brugspruit area near eMalahleni, but this has been of limited efficacy. Its main function was to address the PH problem, but, like acidity, it has had no effect on the salinity of the water.

 

The eMalahleni Water Reclamation Plant based on the reverse osmosis has been commissioned for the area and has demonstrated that it is possible to treat badly polluted water to drinking quality standards, but the cost of the water is about three times that of the water delivered to the area from the Vaal River. This technology can only be used on a limited scale. It cannot be used to improve the general state of polluted rivers in the area. Therefore, the water quality of the Olifants River will continue to deteriorate in the foreseeable future.

 

South Africa is well endowed with vast mineral resources and the wealth created through mining, particularly gold mining, and has funded the development of the country. However, we have not started to grasp the environmental damage that the mining industry has caused and will continue to cause in the decades to come. The long-term impact of the coal mining industry is likely to be far more severe in South Africa than in other countries, because of our unique combination of geography, climate, population distribution and the scale of the deposits, of course, because of our history.

 

We must learn from these experiences, especially in respect of coal mining, and carefully examine the wisdom of allowing further coal mining in the catchments of rivers draining the eastern escarpment. New mines should probably not be permitted in these areas until such time as an economically viable method has been found, either to prevent pollution or to clean up the pollution that will inevitably be produced. As yet, none has been devised that can operate on the scale required by our gold and coal mining industries.

 

So, what can be done about the problem? Stopping the source of the flow of acid mine water is just a very small part of a very big problem. Much of the damage has already been done and there is, quite simply, no magical method to fix some of the damage. In the case of the problems in the West Rand Basin, the Wonderfontein Spruit, Robinson Dam, Tudor Dam and Tweelopies Spruit much of the heavy metal pollution includes uranium contamination of the water system. Uranium stays radioactive for thousands and thousands of years.

 

Chairperson, another mining-related health hazard need to be mentioned. South Africa was the third largest exporter of asbestos in the world for more than a century. Former workers and residents of mining regions suffered, and continue to suffer from a serious yet still largely undocumented burden of asbestos-related disease. The job or health was the choice that workers unknowingly made when they first began to mine the rich deposits of asbestos in South Africa during the late 19th century. For asbestos workers and communities around the mines, the hidden cost of exploitative work practices and mining operations is their health.

What is striking to any visitor to the asbestos mining regions in the Northern Cape, Limpopo or Mpumalanga provinces is the sheer number of people who suffer from asbestos-related disease, including mesothelioma, many of whom never worked in the mines; a rare form of lung cancer among men and women in their 30s and 40s is not uncommon. Virtually every resident has a relative or friend who is sick or who has died from the effects of asbestos.

 

Of critical importance is that compensation to workers is minimal, which reflects the fact that the compensation system from its inception was never designed to provide for any real economic security or dignified living for the majority of the workers. Unlike pneumonia or tuberculosis, asbestos-related disease did not affect labour recruitment or productivity in the short-term because of their long latency. Asbestos-related illness can appear even 30 years after coming into contact with asbestos fibres. Though the mining corporation and their state knew about the dangers associated with asbestos; surveillance of the health of the majority of asbestos miners did not figure in the apartheid government’s agenda.

 

In the 21st century we need to find solutions that are not only cost-effective, but also sustainable. They have to take into account the interests of local communities and future generations.

 

Hon Chairperson, those who came before us deferred the environment and health costs associated with mining, and we now have to pay those costs. Are we going to do the same to our future generations? If we do, their problems are likely to be far more severe than ours, because the effects are cumulative and in the future, once mining is on the wane, the funds to address the problem might not be readily available. In this regard, we can but endorse the resolution of the ANC’s 2012 policy conference, which stated that mining should create safe and decent work, and mineral extractions should not compromise local communities, the environment or future generations.

 

We also believe that the polluter pays principle must be entrenched, and a strong and incorruptible regulatory framework must be implemented. We cannot continue to let society bear the cost of the profits of a few corporations. I thank you. [Applause.]

 

The DEPUTY MINISTER OF MINERAL RESOURCES: Deputy Chairperson, I want to take this opportunity to thank hon members for their positive contribution to this debate. This is just a confirmation that the ANC government is on track and together, we can indeed do more. Last week the Department of Water Affairs was giving some awards to mining companies, municipalities and very important stakeholders for excellent records in water conservation and water demand management. We want to applaud all those who participated in these programmes. We think that mining and farming are very important sectors that need water and we must take care of it and ensure that this trio is actually protected and maintained.

 

I just want to state a few facts regarding that which has been debated here today. Following the decant of the acid mine drainage, AMD, to the surface in the West Rand and the inability of existing structures to manage its impact, the interministerial committee was convened to look into short-, medium- and long-term solutions to AMD problems in the Witwatersrand basins. A team of experts was appointed, that mapped short-term solutions and identified an urgent need for the development of medium to long-term solutions.

 

The recommended short-term solutions included pumping water to a level where it does not pose a threat to the environment and neutralising the water before it is discharged into the streams, which is currently happening on the West Rand. The programme to implement this in the Central and East Rand Basins are on track. It should be emphasised that the discharge of neutralised water is an interim measure, which cannot be sustained indefinitely, and that a long-term solution to remove all pollutants from the water is necessary to ensure long-term water security.

 

A feasibility study is at a well advanced stage of identifying the best options for the long term as well as determining their financial implications and possible funding mechanisms. A recommendation of the team of experts and of the team working on the long-term feasibility study is that a reduction in the ingress of water into the underground workings is an important component of any long-term water management strategy.

The Council for Geoscience is undertaking studies and physical work to ensure this on behalf of the Department of Mineral Resources. This has included the construction of an ingress prevention canal in Florida in Johannesburg, while there are other structures in the planning phase.

 

Looking beyond the Witwatersrand basins, the Council for Geoscience is compiling a national overview of the impact of acid mine drainage, mapping AMD sources and pathways, and impacted communities and ecosystems on a catchment by catchment basis. In some cases the acid mine drainage arises due to derelict and ownerless mines, like I said before. The Council for Geoscience is compiling an inventory of impacted areas and has recently piloted a process for permanently addressing AMD impacts due to abundant underground coal mines in Emalahleni in Mpumalanga.

 

These are holistic solutions, which address subsidence and spontaneous combustion and aim to restore land and productive conditions.

 

Regarding the issue that was raised about the state’s liability for rehabilitation, I can just mention that actuarial scientists have completed a report on the estimated state liability for the rehabilitation of derelict and ownerless mines. The report confirms the need for state support for the rehabilitation work.

 

As members would know, we are busy with some amendments to the Mineral and Petroleum Resources Development Amendment Act, MPRDA. The department, in collaboration with the Department of Environmental Affairs, the Department of Water Affairs and an interdepartmental project implementation committee, is busy with the discussions on matters of alignment and taking forward the integrated licensing of system.

 

The three departments are busy looking into the legislation and authorisation. So, the impact of integrating of licence systems is quite huge, as is debated now in the public domain.

 

Some issues that I think we must discuss are just to take a trip that has been debated here. Over 100 years of experience and expertise in mining has actually put South Africa in a very prominent position internationally. We are called upon to advise and to help others to get to where we are in terms of mining. It is a huge responsibility. We must also never forget that this experience has all the issues I mentioned before.

 

Members would know that through the more than 100 years of struggle by the ANC, we have improved the lives of people. This is also the case with mining and the issue of land dispossession. This trio that we are talking about made an impact. There is a beautiful quotation by Sol Plaatje - I will not have the opportunity to read it here - that talks about mineworkers who have suffered for more than 100 years because of the unhealthy conditions under which they work. So, we want to ensure all progressive South Africans that we changed South Africa for the better, using this endowment of mining.

 

As I conclude, one of the three things that are very important is environmental restoration, and the programmes that we are dealing with must be escalated. In the Transformation Charter we also speak about concurrent rehabilitation, so that we don’t have to wait for another 100 years and go back to rectify the damage. As we mine, we must continue to rehabilitate. There are companies that are doing it very well in this country and others are really doing badly.

 

As you know, the level of illegal mining is rising in the country and that is because of some of the open shafts that are left and the dumps all over the country. The sooner we deal with those issues, the better we will be able to reduce this.

 

One of the members has actually mentioned here that environmental restoration has a job-creating effect. We have actually done that, where over 200 jobs were created with 13 projects that have been implemented in this financial year.

 

A very important issue is the health and safety of mineworkers, their families and the communities. It has been mentioned in the asbestos cases. I have been dealing with a very difficult case in Kuruman, and there is a similar case in Limpopo, where the level of asbestosis is very high. We have had some discussions with the people who collected money in the name of those who suffer from asbestosis, but the money is not reaching those people.

 

We have been in discussion with the Master of the High Court to ensure that the trust, for instance the Asbestos Relief Trust, that is sitting with millions, that is supposed to deal with this scourge in the Northern Cape and Limpopo, reaches these people. So, in this case, we will report as we continue.

 

Many people in the country have silicosis due to gold mining. The programme we speak about says that within six months we should have a clear understanding of the issue of ex-mineworkers. The laws of this country actually provide that ex-mineworkers are entitled to a free medical benefit examination every two years. We are determined about this matter. I am dealing with this directly.

 

The issue we should be able to deal with is economic development. With the impressive endowment that we have, we must ensure that we deal with the challenges of poverty, unemployment and inequality. In other words, we have all of this in our hands; it is for us to work together to ensure that we do a proper turn-around for this economy.

 

The Presidential Infrastructure Co-ordinating Commission, PICC, under President Jacob Zuma, is busy with a very impressive infrastructure roll-out programme to ensure that we unlock the bottleneck within the economy.

 

I must also just mention that our mining, and especially the beneficiary strategy that was approved by Cabinet, is on track. We just have to ensure that we accelerate that. For instance, the best technology of coal to liquids that has been developed by Sasol is actually being exported all over. The Americans are using it. Sasol is going all over with this technology that was developed here in South Africa.

 

So, with the abundance of coal that we have, we should be able to ensure that we also work towards energy sufficiency because our input for electricity is mainly coal, as you know.

 

One of our opportunities deals with platinum. We produce over 80% of platinum in the country, which is not only a beneficiation for autocatalytic converters, but with hydrogen fuel cells, we should be able to ensure that there is energy in the country.

 

We should be rolling out, if things go according to our plan, in the first quarter of 2014, some rural electrification, using hydrogen fuel cells. Manganese, in terms of the steel-making process, is the hardener that makes the steel hard. I was in a certain place where they said South Africa possessed 80% of the world’s “viagra” in steel-making processes. That is the manganese they are talking about.

 

One of the game-changers that we need to handle with care is the issue of the Karoo gas that we are busy trying to look into – the exploration of hydraulic fracturing. We have to become responsible here. We want to work together with the environmentalists so that no unnecessary sensation comes out of the economic spin-offs. America today is turning around its economy, using the gas that we find in the Karoo. If the figures of 50 trillion cubic feet, TCF, that they are talking about are anything to go by, members must know that out of the 50 TCF, we should be able to have about 50 Mossgases.

 

Lastly, 2014 is very critical for mining transformation, as in the Mining Charter, stabilisation and best practice opportunities. Therefore, the opportunity for all of us is: Forward ever, backward, never.

 

The Council adjourned at 16:38.

________

 

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

 

MONDAY, 14 OCTOBER 2013

 

ANNOUNCEMENTS

National Council of Provinces

 

The Chairperson

 

1. Referral to Committees of papers tabled

 

1. The following papers are referred to the Select Committee on Security and Constitutional Development:

 

1. Progress report dated 1 October 2013 on the provisional suspension from office of Magistrate P S Hole, a magistrate at Kimberley, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).

 

1. Progress report dated 1 October 2013 on the provisional suspension from office of Magistrate I W O M Morake, a magistrate at Lichtenburg, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).

 

1. Progress report dated 1 October 2013 on the provisional suspension from office of Magistrate M T Masinga, a magistrate at Umlazi, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).

 

1. Progress report dated 3 October 2013 on the provisional suspension from office of Chief Magistrate J F van Schalkwyk, a magistrate at Kempton Park, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).

 

1. Progress report dated 1 October 2013 on the provisional suspension from office of Magistrate T R Rambau, a magistrate at Polokwane, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1. The Minister of Justice and Constitutional Development

 

1. Progress report dated 1 October 2013 on the provisional suspension from office of Magistrate P S Hole, a magistrate at Kimberley, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).

 

1. Progress report dated 1 October 2013 on the provisional suspension from office of Magistrate I W O M Morake, a magistrate at Lichtenburg, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).

 

1. Progress report dated 1 October 2013 on the provisional suspension from office of Magistrate M T Masinga, a magistrate at Umlazi, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).

 

1. Progress report dated 3 October 2013 on the provisional suspension from office of Chief Magistrate J F van Schalkwyk, a magistrate at Kempton Park, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
2. Progress report dated 1 October 2013 on the provisional suspension from office of Magistrate T R Rambau, a magistrate at Polokwane, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).

 

National Council of Provinces

 

1. The Chairperson

 

1. Submission of a petition from Mr M J Tlale of Merafong, Gauteng Province regarding the complaint against the Matjhabeng Local Municipality.

 

Referred to the Committee on Petitions and Members’ Legislative Proposals for consideration and report.

 

TUESDAY, 15 OCTOBER 2013

 

ANNOUNCEMENTS

 

National Assembly and National Council of Provinces

 

The Speaker and the Chairperson

 

1.       Draft Bills submitted in terms of Joint Rule 159

 

1. Medicines and Related Substances Amendment Bill, submitted by the Minister of Health.

 

          Referred to the Portfolio Committee on Health and the Select Committee on Social Services.

 

COMMITTEE REPORTS

 

National Council of Provinces

 

1.       Report of the Select Committee on Security and Constitutional Development on the Criminal Law (Forensic Procedure) Amendment Bill [B 9B – 2013] (National Assembly – sec 75), dated 15 October 2013:

 

The Select Committee on Security and Constitutional Development, having considered the subject of the Criminal Law (Forensic Procedure) Amendment Bill [B 9B – 2013] (National Assembly – sec 75), referred to it, reports that it has agreed to the Bill with the following proposed amendments:

 

CLAUSE 15V

 

1. On page 16, in line 17, to omit “three” and to substitute with “four”.
2. On page 16, in line 21, to omit “and”.
3. On page 16, after line 24, to insert “(iv) a representative of the Department of Correctional Services.”
4. On page 16, line 25, to omit “(c)     a representative from the South African Human Rights Commission.”

 

Report to be considered.

 

WEDNESDAY, 16 OCTOBER 2013

 

ANNOUNCEMENTS

 

National Assembly and National Council of Provinces

 

The Speaker and the Chairperson

 

1.       Draft Bills submitted in terms of Joint Rule 159

 

1. Legal Aid Bill, submitted by the Minister of Justice and Constitutional Development.

 

          Referred to the Portfolio Committee on Justice and Constitutional Development and the Select Committee on Security and Constitutional Development.

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1. The Minister of Communications

 

1. Report and Financial Statements of the Independent Communications Authority of South Africa (ICASA) for 2012-13, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2012-13 [RP 312-2013].

 

THURSDAY, 17 OCTOBER 2013

 

ANNOUNCEMENTS

 

National Assembly and National Council of Provinces

 

The Speaker and the Chairperson

 

1.       Draft Bills submitted in terms of Joint Rule 159

 

1. Science and Technology Amendment Bill, submitted by the Minister of Science and Technology.

 

          Referred to the Portfolio Committee on Science and Technology and the Select Committee on Education and Recreation.

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1.       The Minister of Trade and Industry

1. General Notice No 1019, published in Government Gazette No 36928, dated 11 October  2013: Issue of codes of Good Practice, in terms of the Broad-Based Black Economic Empowerment Act, 2003 (Act No 53 of 2003).

 

COMMITTEE REPORTS

 

National Assembly and National Council of Provinces

 

REPORT OF THE JOINT COMMITTEE ON ETHICS AND MEMBERS’ INTERESTS

 

NA

Prof B Turok  (Co-Chairperson)

Dr G Koornhof

Radebe, B A

Ngcobo, BT

Mlangeni,A

Nhlengethwa, D

Luyenge,Z

 

DA

Dreyer , A

 

IFP

Van der Merwe, JH

 

NCOP

Mashile BL  (Co-Chairperson)

Makunyane, T

Moshodi, ML

Rantho,Z

 

DA

Bekker, JA

 

Apologies:

Mabe, BP (sick leave)

Magadla, NW

Ngcobo,BT

Mlangeni,A

 

Staff present

F Mahomed (Registrar of Members’ Interests)

SD Mkosana (Secretary to the Co-Chairperson – B.L Mashile)

L Myoli (Committee Secretary)

N,Kwetana (Secretary to the Co-Chairperson-Prof B. Turok)

 

Staff apology

F. Isaacs

 

1. Adoption of the 2013 Register

The Joint Committee on Ethics and Members’ Interests adopted the 2013 Register and noted that three Members did not submit their disclosures.

 

It was reported that two Members did not submit their disclosures due to ill health, they are Oriani Ambrosini MG [IFP] and Mnguni PB [COPE]. The Committee agreed to condone these late submissions and extended the deadline for the Members for a period of two weeks after the Member returns from sick leave.

 

The Committee considered the third non-submission, which was Hon Pule; and noted that her suspension from Parliament had taken effect from 21 August 2013 and expired on the 8 October 2013.As Hon Pule was suspended, the Committee has granted her a further two weeks from the 9 October 2013 to submit her disclosure.

 

The Committee also received a report on those Members who failed to comply with the deadline for the disclosure of financial Interests. The Committee agreed that the names of these Members be published in the ATC; and that the Presiding Officer of the relevant House of which the Member is a Member issue a reprimand for late submission.

 

The following Members failed to comply with the deadline of 23 August 2013:

 

1. Boshigo, DF [ANC]
2. Tinto, B [ANC]
3. Memela, TC [ANC-NCOP]
4. Maziya, M [ANC]
5. Mnisi, NA [ANC]
6. Madlopha, CQ [ANC]
7. Madikizela-Mandela, NW [ANC]
8. Feldman, DB [COPE-NCOP]
9. Mashatile, SP [ANC]
10. Mapisa-Nqakula, NN [ANC]
11. Bhengu NR [ANC]
12. Ntshiqela, P [COPE]
13. Ntuli, BM [ANC]
14. Motshekga, A [ANC]
15. Chikunga, S [ANC]
16. Ramtlakane, L [COPE]
17. Xingwana, L [ANC]
18. Manuel, T [ANC]
19. Mokoena , AD [ANC]
20. Saal, G [ANC]
21. Ainslie, AR [ANC]
22. Kota Frederick, Z [ANC]
23. Mbalula, F [ANC]
24. Motshekga, M [ANC]
25. Martins, BAD [ANC]
26. Magwanishe, GB [ANC]
27. Maunye, MM [ANC]
28. Smith, PF [IFP]
29. Sibande, MP [ANC-NCOP}
30. Moepeng, JK [ANC]
31. Ramathlodi, N [ANC]
32. Mtshali, E [ANC]
33. Carter, B [COPE]
34. Bhoola, RF [MF]
35. Mathale, CC [ANC]
36. Newhoudt-Druchen, WS [ANC]
37. Madisha,WM [COPE]
38. Shilubana,TLP [ANC]
39. Sogoni, EM [ANC]
40. Gasebonwe, TMA [ANC]
41. Magagula, VV [ANC]
42. Motimele, MS [ANC]
43. Makgate,NM [ANC-NCOP]
44. Dikgale, AMC [ANC-NCOP]
45. Faku, Z [ANC]
46. Michael NWA [DA]
47. Mabe, PB [ANC]
48. Ndude, HN [COPE]
49. Williams De Bruyn, S [ANC]
50. Nhanha, MA  [COPE]
51. Gona, MF [ANC]
52. Mpheti, SSA [PAC]
53. Twala, NM [ANC]
54. Thabethe, E [ANC]
55. Sexwale, T [ANC]
56. Mandela, Z [ANC]
57. Thibedi, JD [ANC]
58. Montsitsi , SD [ANC NCOP]
59. Nonkonyane, M  [ANC]

 

1. CONSIDERATION OF THE COMPLAINT AGAINST HON D  KOHLER BARNARD

 

The Committee considered the Report of Registrar in which a preliminary investigation was conducted against Hon Kohler Barnard in terms of the procedure for the investigation of complaints. The investigation was in respect of the alleged breach of the confidentiality requirements of the Code of Conduct. It was alleged that Hon Kohler Barnard posted information on her Facebook page during the Pule hearing.  This allegation was considered; the Committee found that there was no evidence to corroborate the allegation that Hon Kohler Barnard posted confidential information. The allegation was accordingly dismissed.

 

The Committee resolved that the article is misleading, and could therefore cause Hon Kohler Barnard’s reputation harm, and accordingly refers the article to the Press Ombudsman for further investigation.

 

BL Mashile                                                                                           B Turok

Co-Chairperson                                                                        Co-Chairperson

 

MONDAY, 21 OCTOBER 2013

 

ANNOUNCEMENTS

National Council of Provinces

 

The Chairperson

 

1. Referral to Committees of papers tabled

 

1. The following papers are referred to the Select Committee on Land and Environmental Affairs for consideration:

 

1. Report and Financial Statements of the Water Research Commission for 2012-13, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2012-13.

 

1. Report and Financial Statements of the Trans-Caledon Tunnel Authority (TCTA) for 2012-13, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2012-13.

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1.       The Speaker and the Chairperson

 

1. Report of the Financial and Fiscal Commission on Exploring Alternative Finance and Policy Options for Effective and Sustainable Delivery of Housing in South Africa, tabled in terms of section 3(2)(b)(i) of the Financial and Fiscal Commission Act, 1997 (Act No 99 of 1997).

 

TUESDAY, 22 OCTOBER 2013

 

ANNOUNCEMENTS

 

National Assembly and National Council of Provinces

 

The Speaker and the Chairperson

 

1.       Bills passed by Houses – to be submitted to President for assent

 

1. Bill passed by National Council of Provinces on 22 October 2013:

 

1. Banks Amendment Bill [B 43B – 2012 (Reprint)] (National Assembly – sec 75).

 

COMMITTEE REPORTS

 

National Council of Provinces

 

1. Report of the Select Committee on Land and Environmental Affairs on the Deeds Registries Amendment Bill [B 10B - 2013] (National Assembly – Section 75), dated 22 October 2013, as follows:

 

The Department of Rural Development and Land Reform briefed the committee on 08 October 2013 on the Deeds Registries Amendment Bill [B 10B - 2013]. The Bill was referred to the committee on 19 September 2013.

 

The Select Committee on Land and Environmental Affairs, having deliberated on and considered the subject of the Deeds Registries Amendment Bill [B 10B - 2013] (National Assembly – sec 75), referred to it and classified by the JTM as a section 75 Bill, agrees to the Bill without amendments.  

 

Report to be considered.

 

2.   Report of the Select Committee on Land and Environmental Affairs on the Benguela Current Convention on Environmental Protection and Conservation of the Benguela Current Large Marine Ecosystem between the Government of the Republic of Angola, the Government of the Republic of Namibia and of the Government of the Republic of South of Africa, dated 22 October 2013:

 

The Select Committee on Land and Environmental Affairs, having considered the request for approval by Parliament of the Benguela Current Convention on Environmental Protection and Conservation of the Benguela Current Large Marine Ecosystem between the Government of the Republic of Angola, the Government of the Republic of Namibia and of the Government of the Republic of South of Africa, referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approves the said Agreement.

 

Report to be considered.

 

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