Hansard: NA: Unrevised hansard

House: National Assembly

Date of Meeting: 31 May 2022

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Minutes

UNREVISED HANSARD
NATIONAL ASSEMBLY
TUESDAY, 31 MAY 2022
Watch: Plenary
PROCEEDINGS OF THE NATIONAL ASSEMBLY

____
The House met at 14:02.
House Chairperson Mr M L D Ntombela took the Chair and requested members to observe a moment of silence for prayer or
meditation.

The HOUSE CHAIRPERSON (Mr M L D Ntombela): Hon members, in the interest of safety for all present in the Chamber, please keep your masks on and sit in your designated areas. Thank you.

CRIMINAL LAW (FORENSIC PROCEDURES) AMENDMENT BILL
(Consideration of Report of Portfolio Committee on Police)
T
here was no debate.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Thank you, hon House Chairperson. I move that the report be adopted.

Motion agreed to.

Report accordingly adopted.

CRIMINAL LAW (FORENSIC PROCEDURES) AMENDMENT BILL
(Second Reading debate)

The DEPUTY MINISTER OF POLICE: Thank you, House Chair and good afternoon, Members of Parliament. Internationally, the value of the use of DNA sampling and a DNA database is recognised as major tools available for investigators to solve serious violent crimes, as well as sexual-related offences and offences against women and children. The Criminal Law Amendment Act of 2013 was adopted to provide a legal framework for the taking, use and keeping of DNA samples.

The Act provides for the power to take DNA samples in respect of any offence, as well as the obligatory taking of DNA samples in respect of schedule 8 offences, which include murder, rape, culpable homicide, sexual assault when a dangerous wound is inflicted and sexual assault. The provisions relating to this obligatory taking of DNA samples was put into operation from 31 January 2022, which will boost the expansion of the DNA database. In his budget speech recently delivered, the Minister referred to the budgetary steps being taken in order to address backlogs in the analysing of DNA samples.

One of the aspects that was kept in mind with the drafting of the Act was the issue of reoffending and to include previous
offenders on the database. This is assisting in solving previous crimes committed by the person in question, as well
as when he or she reoffends. A transitional provision wasprovided for in the Act to ensure that buccal samples are
taken from any person serving a sentence of imprisonment in respect of any offence listed in the said schedule 8 to the
Criminal Procedure Act of 1977, before the release of the  person, if the buccal sample had not already been taken upon
his or her arrest, or who is released before his or her sentence is completed either on parole or under correctionalsupervision by a court.
This transitional provision expired within two years from the
date upon which the Act was implemented, namely on
31 January 2017. From that date, the Police Service was no
longer empowered to continue with the taking of DNA samples
from convicted schedule 8 offenders. During the transitional


 
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period, the experience was that some convicted offenders
refused that buccal samples be taken from them and the Act did
not provide for such an eventuality.
The Criminal Law Amendment Bill of 2021 was introduced to
again provide for the taking of DNA buccal samples of
convicted schedule 8 offenders, without any transitional time
limit and to provide for instances where a convicted offender
refuses to submit himself or herself to a buccal sample being
taken.
Following publication of the Bill by the Portfolio Committee
on Police for public comments and public hearings in that
regard, it was clear that the Bill was in principle supported,
not only by civil organisations but also political parties,
with a few concerns being expressed on the contents of the
Bill.
A concern was that the Bill only provides for the taking of
DNA samples of convicted offenders in respect of schedule 8
offences. It should, however, be understood that section
36 (d)(2) of the Criminal Procedure Act of 1977 provides for
the taking of a DNA sample from an arrested person or a
suspect in respect of any offence. A concern was also raised


 
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about the provision following minimum force being used when a
buccal sample is taken by a person without his or her consent.
This power must be understood within the context that, where a
convicted offender does not consent to the taking of a buccal
sample, the National Commissioner of the SA Police Service,
SAPS, or his or her delegate, must apply ex parte to a judge
or a magistrate for a warrant authorising the taking of the
buccal sample. The application must be supported by
information supplied under oath or solemn declaration,
establishing the facts on which the application is based. A
buccal sample in this regard may then be taken from a
convicted offender on the basis of such warrant from a judge
or magistrate. The Bill then further provides that an
authorised person, assisted by correctional officials, may use
minimum force against a person who refuses to submit to the
taking of a buccal sample under authority of a warrant.
Furthermore, section 32(5) and (6) of the Correctional
Services Act of 1998 applies when such minimum force is being
used, namely that the inmate concerned must undergo an
immediate medical examination and receive the treatment
prescribed by the correctional medical practitioner, and all


 
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instances of use of force must immediately be reported to the
inspecting judge. [Time expired.]
The HOUSE CHAIRPERSON (Mr M L D Ntombela): Thank you very
much. I think that ... [Inaudible.] ... needs to be checked.
It just went into ... [Inaudible.] ... while the Deputy
Minister was speaking. It needs to be checked. Thank you, hon
Deputy Minister. The hon T M Joemat-Pettersson is the next
speaker.
Ms T M JOEMAT-PETTERSSON: Hon House Chairperson and hon
members of the House, the Criminal Law (Forensic Procedures)
Amendment Act will in fact be one of the best Acts our country
has ever passed to assist rape victims. At the time that the
DNA Act was enacted, it was not expected that the police would
be unable to complete the DNA sampling process within the two-
year period and thus this Act did not make allowance for an
extension of the timeframe. The sampling process had already
convicted schedule 8 offenders and had to stop because it was
no longer provided for in law.
The Act had to be amended to allow the SAPS to proceed with
the sampling process. However, due to various reasons the
amendment was delayed, which resulted in a significant number


 
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of already convicted schedule 8 offenders being released from
prison without their DNA samples taken. Prisoners were
released on parole without their DNA samples taken and the
committee was really extremely concerned about this ... even
South Africans.
To date, more than a million buccal samples have been taken
from persons arrested and charged in respect of prioritised
schedule 8 offences. This was a major gap in the Act. We
needed to fix it and I want to thank the Portfolio Committee
on Police and all political parties that were unanimous in
their agreement of this amendment Bill in the portfolio
committee.
The adoption of this Criminal Law (Forensic Procedures)
Amendment Bill is a massive step forward in bringing justice
to victims of crime, and especially to victims of gender based
violence, GBV. The power of this amendment Bill is truly
immense, hon members, hon politicians and hon members of the
public.
As I mentioned, the amendment Bill is a crucial investigative
tool in the fight against crime and is indispensable in
bringing justice to the survivors and victims of GBV. In an


 
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effort to intensify the fight against GBV, the Police Service
has allocated approximately 1,3 billion on its baseline
activities related to the resourcing of GBV fighting and the
resourcing of family violence, child protection and sexual
offences units. The allocation, together with the
implementation of the National Strategic Plan on GBV and other
measures, will go a long way to address the scourge and our
fight against what the President had also related to as a
pandemic.
It is without doubt that the ANC is leading the fight against
GBV and this amendment Bill is the fourth piece of legislation
brought to Parliament by the ANC-led government in a very
short space of time.
Earlier this year in January 2022, President Ramaphosa signed
three Acts into law aimed at tighter legislative controls. The
President assented to the Criminal and Related Matters
Amendment Act, the Criminal Law (Sexual Offences and Related
Matters) Act ... the amendment Act of 2021 and the Domestic
Violence Act 14 of 2021. It is the first time in the history
of our country that a President, in his term of office, signs
four amendment Bills. This is his fourth amendment Bill in the


 
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fight against the scourge of GBV. I think our President really
deserves our respect and admiration for this.
The amendments brought by the Criminal and Related Matters
Amendment Act to further regulate the granting and
cancellation of bail is of critical importance. Too often we
read about convicted sex offenders released on bail, only to
reoffend and commit an even more heinous sexual offence ...
even committing murder.
In March 2022, a Cape Town rapist was sentenced to two life
terms of imprisonment for rape. The unfortunate part of this
victory of his imprisonment is that the perpetrator was out on
bail. Convicted of rape and sexual offences ... a reoffender
... a rape and trauma that one woman could have been spared if
he had just not gotten bail. The victim was failed by the
criminal justice system. We will work as a committee of
police, with the criminal justice crime prevention cluster, to
ensure that this does not happen.
The Police Service has identified 30 GBV hotspot police
stations countrywide. This was done in consultation with the
Department of Women, Youth and Persons with Disabilities and
is based on the consideration of a number of variables: the


 
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reported incidents of crimes against women, domestic violence,
and reported incidents of related cases reported to health
facilities. Cases received were from Kgomotso, Khuseleka and
Thuthuzela care centres. Unfortunately, the majority of these
stations are in Gauteng, followed by the Western Cape and
KwaZulu-Natal.
Considering the demographics of these stations ... an
additional dedicated overtime budget of R18 million was
allocated to the forensic science laboratories for the
prioritisation of processing the DNA backlog. Many specialist
positions were advertised and filled, but it is still not
enough and we are still not happy.
We wish to thank our Minister of Finance and again our hon
President for prioritising this aspect and for increasing our
budget. I wish to thank the committee members for being
vociferous in their fight to ensure that this budget was
increased. I would also like to thank the committee members
for assisting when it comes to attending to the backlog in DNA
samples.
At the start of our engagements as a committee, the backlog
stood at more than 200 000 cases, and at the end of March 2022


 
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the DNA backlog had been decreased very significantly and will
be addressed with the oversight of the committee. It has to be
addressed. The committee has no choice. Unfortunately, we have
been hit by our floods in KwaZulu-Natal, in the Eastern Cape
and the North West, and the DNA backlogs have now once more
increased because those who have perished in the floods need
their DNA samples taken. It takes too long for us to do this
DNA sampling, with the result that those victims of the floods
are going to be deprived of dignified burials. We would really
and sincerely like to apologise for that. We convey our
sympathies to the families of those victims who cannot be
buried because they are still waiting on DNA samples. The
estimated cost for the implementation of the Act is now
estimated at R78,5 million.
Hon Chairperson, hon members, hon Deputy Ministers and
Ministers, we do however have serious concerns about the
capacity to implement this Act. We will again monitor the
building and the ensuring of capacity in the SAPS so that we
have a turnaround strategy, that our division’s operational
budget is spent, that there are no rollovers and that the
supply of consumables of a forensic nature is there on time.
We have had incidences where consumables were not delivered on
time. Police stations were without rape kits. It is


 
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unacceptable! We are doing our work. We are monitoring this
and we are saying that all rape victims declare a state of
emergency. We should, if there are no rape kits at a police
station when a victim arrives there.
During public hearings, the committee was told of one extreme
case that illustrates the importance of a Bill. Please listen
closely to the crimes. A convicted offender was found ... of
... because of a DNA database. He was found guilty of
12 counts of robbery just because of DNA sampling, with
aggravated circumstances ... 12 counts of robbery. He was
found guilty of six counts of attempted robbery, three counts
of assault with intent to commit grievous bodily harm,
27 counts of kidnapping and, I’m sad to say, 30 counts of
rape. It is almost unprecedented that all political parties
unanimously supported an amendment, without making any
changes.
I wish to thank hon Whitfield for proposing the adoption of
the Bill in the committee and for really ensuring that we work
speedily on the Bill. Based on the facts that I have presented
today, politics was set aside, and once more I hope that when
we are in this House today we will set politics aside. Yes, we
do have weaknesses. We do have problems and it is our


 
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commitment, hon members and hon Deputy Minister, to work with
you, the Minister, the SAPS and the National Commissioner, to
solve this problem. The ANC supports the Bill. I thank you.
Mr A G WHITFIELD: Thank you, hon House Chairperson. When this
House drafts and ultimately passes a legislation, we must
consider how the words we put on piece of paper can change our
country for the better. What is the impact of these words on
the lives of ordinary South Africans? Do these words make them
safer, healthier or more prosperous? Do they assist in
creating an enabling environment for individual South Africans
to realise their full potential and to contribute to the
prosperity of our society?
Today this House considers the Criminal Law Forensic
Procedures Amendment Bill. A more technical, simple and
nonpartisan piece of legislation you will struggle to find,
yet this one-page Amendment Bill will have a profound and long
lasting impact on our criminal justice system. These 500 words
before the House today has been drafted to strengthen our
justice system in an effort to create a safer society for all
South Africans where violent criminals are left with nowhere
to hide. To illustrate just how powerful this Amendment Bill
is, I would like to repeat a story that I told this House


 
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during the debate of national importance last year. It is a
story which the chairperson of the committee has just given
some examples from.
It is a story of a violent and unrepented criminal by the name
of Sikhangele Mki, who was arrested for assault with intent to
do grievous bodily harm. His arrest and subsequent sentencing
in 2017, triggered a deoxyribonucleic acid, DNA, test in terms
of the Criminal Law Forensic Procedures Act, and his profile
as a convicted offender was loaded onto the National
deoxyribonucleic acid, DNA, database. The Act required that
the national commissioner of police together with the national
commissioner of Correctional Services must ensure that the
buccal sample is taken within two years of any person serving
a sentence of imprisonment for a Schedule 8 offence.
However, because of this simple provision in the Act,
Sikhangele Mki was linked to 30 counts of rape, 27 counts of
kidnapping and 12 counts of robbery with aggravating
circumstances. Mki, who was set to serve a five-year suspended
sentence for assault to do grievous bodily harm, GBH, was
ultimately sentenced to 15 life terms and an additional 120
years in prison because of the provision in the Act which made


 
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it compulsory for Schedule 8 offenders to submit their
deoxyribonucleic acid, DNA.
This provision in the Act which saw Mki and many others linked
to a litany of crimes and therefore jailed for many more years
than would have been the case without it expired in January
2017. It was written into the Act as a transitional provision
for a two-year period and when it expired a draft amendment
was immediately written. However, that draft sat in Cabinet
for five years. Five years later, the amendment is before this
House today and only because of relentless pressure by the
members of the Portfolio Committee on Police who first
challenged the Minister to bring it to Parliament in 2019.
Countless requests, parliamentary questions, statements,
motions, debates, since the election of this sixth Parliament,
three years ago, have brought us here today. Now, we must ask
ourselves as legislators, why? Why should it take this long
for a Minister to bring a simple uncontroversial piece of
legislation to Parliament? What are the consequences of such
an unacceptable delay? How many Sikhangele Mkis have slipped
through the net because this simple, yet extremely effective
amendment was left to gather dust in Cabinet?


 
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Well, I’ll tell you how many, 96 875. From 2017 until June
last year, 96 875 violent Schedule 8 offenders were released
on parole without their deoxyribonucleic acid, DNA, being
taken and recorded on the convicted offenders’ database, with
thousands more likely to have been released in the last year.
That is close to 100 000 violent criminals who are wandering
the streets of our country just like Mki did. The only
difference is that we have no DNA record to link these
criminals’ future crimes to their criminal past. So, why would
cabinet not prioritise such an obviously important piece of
legislation? What reason could they possibly have to delay
this consequential piece of legislation?
The reason provided by the Ministry for the past few years has
been that Cabinet was considering a national DNA population
database, which would require every single citizen to submit
their deoxyribonucleic acid, DNA, to the state. Now, aside
from being entirely unaffordable it would most certainly be
unconstitutional. Even if Cabinet wanted to explore this
dystopian surveillance project, this does not have to stop
them from bringing the original draft Bill to Parliament.
The passage of this Bill from its original drafting in 2017 to
date should give all of us pause for thought. Why are we as


 
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the legislative arm of government so dependent on the
executive to bring legislation to us? Why are we surrendering
our primary function to the executive thereby betraying our
voters and our constitutional commitment? The reason is
because the African National Congress with their majority in
Parliament bypasses the constitutional imperative of
Parliament to hold the executive to account by allowing the
executive to draft almost all of our legislation.
Over 80% of all legislation in the last ten years, was drafted
by the executive. It is high time that Parliament start to
take Private Members Bills and committee Bills much more
seriously and to start to exercise our legitimate authority
over the executive so that we can do justice to the millions
of South Africans who have entrusted us with this
responsibility. The fact that the Police Portfolio Committee
unanimously supported this Amendment Bill and we united from
day one on this critically important issue, proves that we
could have drafted a committee Bill in 2019 already and passed
it in this House before the end of 2020, if we had drafted a
committee Bill while the executive ... [Inaudible.] ... it
thereby potentially saving hundreds of lives and preventing
hundreds if not thousands of rapes.


 
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It is therefore, with no thanks to the executive that we are
here today for without the dogged persistence of the portfolio
committee this Bill would not be before us. I would therefore,
like to thank every member of the committee for their support
for this Bill and for their ongoing efforts to fight for a
reduction in the deoxyribonucleic acid, DNA, backlog which
will ultimately strengthen the intent of this Bill.
Lastly, I would like to say that as we head towards 2024,
Parliament must start to recognise the critically important
role it plays, it would have to play in a post-ANC future. We
must all start preparing for this inevitability by identifying
opportunities for members and committees to draft legislation
in order to strengthen and empower the parliamentary process,
which will soon be at the heart of South Africa’s national
realignment. The DA fully supports this Bill. I thank you.
Mr H A SHEMBENI: Thank you, Chairperson. Chairperson, the EFF
is in full support of the measures this Amendment Bill
introduces in order to streamline the fight against violent
crimes in the country. We support the obligation that the Bill
will give to the authorities to take the buccal sample from
offenders convicted of Schedule 8 offences. These offences


 
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include; the rape, murder, human trafficking, culpable
homicide and other serious offences.
The history of crime in this country is a replete with
examples of repeat offenders who commit to the same kind of
crime over and over again. We now know that it is more likely
that people who commit crimes such as rape and murder are
likely to do these crimes again if measures are not put in
place to ensure that these criminals are locked up for a very
long time. The deoxyribonucleic acid, DNA, has proven to be a
key that can be used to apprehend these criminals,
particularly criminals who kill and rape women. The taking of
buccal sample is not an intrusive measure.
We feel that the amendment of section 7 of the Act, to provide
for a court application to compel an offender to consent to
having a sample taken from them is too lenient towards
offender and will lead to incurring on unnecessary cost by the
SA Police Service and the Correctional Services. The taking of
these samples must be obligatory and no offender must refuse
to have these samples taken from them. We also support the
amendment of section 32 of the Act, to provide for the use of
minimum force, by the SA Police Service and Correctional


 
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Services officers to compel offenders who may refuse to have
these samples taken from them.
This Bill could however, have gone even further to link the
biometric identification system that Home Affairs uses to an
identification database as at SA Police Service which would
help identify offenders who have not yet been arrested or
convicted of any crimes. It is foolish that SA Police Service
are not allowed to use the huge database that Home Affairs has
in order to resolve many court cases and bring justice to the
victims of crime. While this Bill is progressive and may
enable easy identification and apprehension of criminals, its
usefulness will remain only theoretical if SA Police Service
does not take rapid steps to resolve the crisis accident at
their deoxyribonucleic acid, DNA, laboratories.
Thousands of cases involving rape and murder risk being thrown
out of court because the leadership of SA Police Service has
not been able to resolve the deoxyribonucleic acid, DNA,
backlog crisis that has been building up over the past couple
of years. Minister, this negligent is of treasonous
proportions. It allows criminals free range because they know
that SA Police Service is mismanaged and has no capacity to
trace them and link them to their crimes.


 
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It is the same mismanagement that has embroil the management
at the central firearms registry which has surrender to the
registration and licensing of firearms a very dangerous joke.
Despite the misgivings we might have about the capacity of the
SA Police Service and Correctional Services to do what the
legislation empowers them to, we are in support of legislation
measures that may help in our fight against criminality. We
are in full support of the Bill as the EFF. I thank you,
Chairperson.
Mr N SINGH: Hon Chair, colleagues, hon Majozi served on this
committee, but unfortunately, she is on sick leave, so, I will
contribute on behalf of the IFP. During the period of October
to December 2021, the official SAPS crime statistics stated
the 11 315 rapes were recorded. The same report indicates that
6 859 murders were committed.
If we step away from the statistics for a moment and count the
human cost, we are left with thousands of families mourning a
loved one and thousands of lives destroyed by a violent
aggressive act.
As the IFP, making communities safer is one of our top
priorities where we govern. Our Women’s Brigade is visible and


 
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vocal when it comes to providing support and advocating for
harsh sentences and no parole for perpetrators of gender-based
violence.
For these reasons, we welcome and are in full support of the
portfolio committee’s report, as well as the adoption of this
Bill. The adoption of this Bill will, amongst others, provide
for the taking of buccal samples from any person serving a
sentence of imprisonment in respect of any offence listed in
schedule 8 of the Criminal Procedure Act 51 of 1977. This is
before the release of the person, if the buccal sample had not
already been taken upon his or her arrest, and also, I quote:”
before the release of a person, either on parole or under
correctional supervision by a court”.
Importantly, the Bill also provides for measures to be
followed in the event that a convicted offender refuses
consent for a buccal sample to be taken. These measures are
intended to ensure that all persons convicted for schedule 8
offenses, which include rape, murder, human trafficking,
robbery and culpable homicide will have a DNA sample included
on the convicted offender’s database. This is a welcomed move.


 
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According to NGO, Action Society, and I quote: “Almost 100 000
violent criminals have been released since 2016, without
submitting a DNA sample.” In part, this is due to the delay
with passing this legislation. DNA samples have become
essential evidence for building cases and convicting
perpetrators. Therefore, it is equally essential that DNA
samples of all those with schedule 8 convictions are available
on the database. This will not only assist when building a
case, but hopefully also act as a deterrent for repeat
offenders.
The next essential step would be to clear the SAPS DNA
analysis backlog, to ensure swift justice for the victims of
GBV and other schedule 8 offenses.
I agree with the hon chairperson of the committee who said in
the beginning that this is probably one of the best Acts that
have been passed and I see the others have supported it, but
the question will always revolve around the issue of
implementation. If implementation can be effected timeously
and effectively, then I think people of South Africa who have
been victims of crime can sleep more peacefully, knowing that
the perpetrators will get the day in court and will be put
behind bars, if they are found guilty.


 
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We also need to look at parole regulations, because too many
people are released on parole and become repeat offenders. So,
all in all, the IFP also takes pleasure in supporting this
piece of legislation. Thank you.
Afrikaans:
Dr P J GROENEWALD: Agb Voorsitter, ...
English:
... to understand this Bill and to see it in its correct
perspective, we must go back to see where it actually
originated from. This Bill originated in 2009, but in the
wisdom of the majority party, the ANC in the portfolio
committee, it was decided in 2009 that the forensics part must
be separated from the fingerprint section. And only in 2013,
we got the Criminal Law Forensic Procedures Act. Then it took
another two years for the Minister to put regulations in place
to give effect to this Bill.
Yes, only two years remain in terms of that Bill to get the
samples from the criminals. Then in 2017, the hands were
chopped off. Now, we are in 2022. We must ask ourselves, why
it took the governing party 13 years to be here today with the
Amendment Bill on the Criminal Law Forensic Procedures.


 
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I want to say, for 13 years, the ANC government failed,
specifically the victims, women and children, when it comes to
sexual offenses and the criminals. The question is: How long
is it going to take now to ensure that there is real effect to
this Bill? We have already heard that about 100 000 criminals
are running loose on the streets because of this lack of
urgency from the governing party.
The DNA backlog is more than 200 00 cases. Now, it is no use
we come here and tell the people of South Africa that we have
this fantastic Bill and that they are going to be protected,
but in reality, we are failing the people in South Africa.
Afrikaans:
Daarom wil ek vir u sê dat ons goeie wetgewing het, maar goeie
wetgewing beteken niks as jy dit nie in die praktyk kan toepas
nie. Hierdie Wysigingswetsontwerp is ’n perfekte voorbeeld van
’n goeie Wysigingswetsontwerp, ’n Wetsontwerp wat wel daarop
gerig is om juis veral vroue en kinders te beskerm, maar, ons
moet in die media lees van slagoffers van seksuele geweld,
waar die beskuldigde vir meer as twee jaar nog buite in die
straat rondloop.


 
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Meisies van 13 en 14 jaar oud wat verkrag is, is te bang om
uit hulle huise te kom, want die stelsel laat hulle in die
steek.
English:
Like they say, the proof of this Bill lies in the eating of
the pudding.
Afrikaans:
Dit help nie ons staan hier en probeer arrogant wees en vir
die mense sê dat ons hulle gaan beskerm nie, maar ons laat
hulle in die steek, want die adminstrasie is nie net ’n
frustrasie nie, maar die adminstrasie is besig om in duie te
stort.
Kry die adminstrasie reg, en dit is die taak van die regering
van die dag. Ek dank u.
Rev K R J MESHOE: Chairperson, the purpose of the Criminal Law
Forensic Procedures Act is to make provision for the full
implementation of certain transitional arrangements contained
in the Criminal Law Act of 2013, to provide for the
enforcement of the obligation, to submit to the taking of a
buccal sample, and to provide for matters connected therewith.


 
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Clearly, this Bill will add more pressure on SAPS and the
forensic science laboratories, and on their budget, in
particular. It is crucial that sufficient resources be
allocated for the Bill that has been costed at an estimated
R78,5 million.
We were all shocked last year when the DNA backlog reached a
staggering 240 000 cases, largely due to underresourced
forensic labs. This resulted in unacceptable delays in
finalising criminal cases, with victims of horrendous rape and
murder cases not seeing justice. This cannot be allowed to
happen again. The ACDP would like to commend those staff at
the forensic labs who have since then worked double shifts to
reduce the backlog and are aiming to eradicate it totally.
The ACDP particularly welcomes clause 2(a) that removes the
time limitation on the taking of buccal samples from already
convicted and imprisoned persons on schedule 8 offences, thus
making it possible to ensure that those persons who were
previously convicted without any DNA or buccal samples taken
from them can now have additional charges added to their
sentences if buccal samples connect them to other crimes.


 
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Clause 2(b) focuses on convicted schedule 8 offenders who
refuse consent to have buccal samples taken from them.
Subsection (7)(b) allows for an authorised person – a police
officer in this case - assisted by correctional officials, to
use minimum force against a person who refuses to submit to
the taking of a buccal sample under authority of a warrant.
The ACDP believes that the adoption of the Criminal Law
Forensic Procedures Amendment Bill without any amendments is
proof that the Portfolio Committee on Police is convinced that
the taking of buccal samples for all schedule 8 offences is
going to drastically increase the number of convictions of all
offenders accused and convicted of such crimes within a much
shorter time frame. The ACDP will support the Bill. Thank you.
Mr N L S KWANKWA: House Chair, the UDM supports the Criminal
Law Forensic Procedures Amendment Bill. South Africans we have
a crisis on our hands, and it is important that we have a
response that is commensurate to the challenges that we face
as a country. One example is that SA Police Service, SAPS
quarterly crime statistics released in February showed that,
11 315 people were raped between October and December 2021. It
also shows that over 120 women were raped each day in South
Africa. This is in addition to other violent crimes that we


 
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experience on a daily basis as a country that require a
response from us as a leadership.
The taking of the DNA tests is one of the most effective tools
in the fight against crime. Therefore, having a mandatory
taking of DNA tests, especially for those who are already
convicted, or imprisoned is very vital in terms of trying to
identify repeat offenders, assist in successful prosecution of
murderers, rapists and to ensure that unresolved crimes are
indeed resolved. It is important that as we make this
legislative amendments, that SAPS stations must be adequately
equipped with the needed consumables to take the DNA samples.
We do not expect a situation where prisoners whose DNA samples
are not taken due to shortages of resources.
We understand as we make this point that budgetary allocations
have been made in order to ensure that they do not have
resource constraints. However, they might need to be reviewed
as and when the need arises to ensure that we don’t experience
the backlogs that we experienced in the past.
IsiXhosa:
Maqabane lo mba unzulu. Bendikwenye yezitishi zikanomathotholo
eMpuma Koloni emva kokuba kubulewe uNamhla Mtwa.


 
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English:
This is one of the questions that our people asked ...
IsiXhosa:
... ukuba lo mthetho siqinisekisa nini na ukuba uyalungiswa,
ukuze abantu abaninzi ababaleka ezitratweni, bephuma besihla
besenyuka bebulele abantu, bebadlwengule kungakhange kuthathwe
isampulu bakwazi ukuba babambeke ukuze bakwazi ukudontsa
izigwebo ezibafaneleyo entolongweni. Nale ye ...
English:
... minimum force ...
IsiXhosa:
... siyayixhasa, kodwa kufuneka siyiqwalasele kwimeko enjalo
kuxhomekeka ekubeni lo ungafuniyo ebesenza ntoni na yena.
English:
It means once we have evidence, empirical evidence of whether
it's working we need to be able to say, what parameters can be
developed in the future informed by challenges that we see on
the ground.
IsiXhosa:


 
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Siyabulela
English:
Thank you very much.
Mr A M SHAIK EMAM: Chairperson, one of those rare occasions
when all political parties in this beautiful Portfolio
Committee on Police, came together and put their differences
and supported this particular amendment to this Bill, in the
best interest of our country, and particularly our women and
children that are raped and murdered. Indeed, I don’t want to
concentrate on what we should have done and when we ought to
have done it, but I think the positive thing is that we have
managed to do it. And yes, indeed, it is going to take us
forward, no doubt about that.
Yes, we I want to emphasize the fact that this Bill only if it
is implemented effectively, will we reap the benefits of
which. We know that the SA Police Service does have capacity
constraints, financial resource constraints, and I think it is
up to this portfolio committee to once again come together to
ensure that we support the department, particularly so that
they have the necessary skills and resources to be able to
deal with this. Previously remember at one stage you were able


 
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to take samples until, of course the process expired. And
particularly, I think, with the amendment that we have
currently is not going to be restricted to schedule 8
offences, but any criminal.
Chairperson, if you look at the statistics that we have of the
number of women who have been raped or whose rights were
violated and children, and where cases were withdrawn as a
result of not getting DNA samples, I think this Bill is going
to go a long way to prevent that situation. I think
particularly the victims in this country must now feel more
comfortable and have more confidence that it is going to
protect them, it is going to provide DNA samples timeously, so
that even the courts, the justice system will not withdraw or
summarily withdraw many of these cases because of the absence
of the DNA samples being provided.
So yes indeed, the NFP wants to thank all members of the
committee, the chairperson, the department, and all role-
players in bringing this together. And indeed, we ...
[Inaudible] ... wholeheartedly. Thank you very much
Mr S M JAFTA: Chairperson, we welcome this amendment to the
Criminal Law Amendment Act as the AIC. It is common cause that


 
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violent crimes such as rape, murder, and grievous bodily harm
can only be fought through the application of forensic DNA
analysis. The Bill inserts section 36(d)(1) of the Criminal
Procedure Act 51 of 1977. This section deals with the powers
in respect of crime scene samples and bodily samples, amongst
others. The creation of a national forensic DNA database must
ease the current DNA backlog in the SA Police Service.
The spirit of the Bill in allowing forensic DNA profiles to be
used in crime investigation and court proceedings, will
certainly aid the work of the police, the National Prosecuting
Authority, NPA and the judicial system. Hon Chair, we are
pleased that, this amendment also introduces certain
amendments to the current Firearms Control Act of 2000 and
Explosives Act of 1956 respectively.
At the rate at which firearms offenses are being committed,
scaling up forensic DNA in this regard is commendable. We
equally support the amendment for providing protection of the
rights of women and children in the taking of DNA samples. We
know that there may be concerns about the applicability of the
Popi Act of 2021 apps to this amendment. However, we wish to
assure members that the Popi Act of 2021 doesn’t apply in


 
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cases where the processing or personnel information is in the
public interest.
However, we wish to remind members that this Bill is not a
license to violate anyone’s personal information in terms of
section 99 of the Popi Act of 2021, anyone whose information
has been breached without justification, may institute a civil
action for damages. We will support this Bill hon Chair. I
thank you.
Mr M G E HENDRICKS: Hon House Chair. Al Jama- ah looks forward
to President Ramaphosa signing the amendments as soon as
possible, hot on the heels of the other three acts that he has
already signed to deal with gender-based violence. We have
seen a perfect example of what President Ramaphosa calls a
social compact, where different political parties in the
portfolio committee came together and did what was best for
the country.
We now have to take the social compact further. Many
government departments, nearly 40 of them and the Ministers
and Deputy Ministers have money available in their budgets to
combat gender-based violence. They should allocate some of
that money to fund a DNA test and we know that there is a


 
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tremendous backlog. We need to get funding for at least
1 million DNA tests going forward. So talking about the social
compact, it is also important that the corporate world come to
the party and also fund DNA tests and fund more laboratories.
I don’t want to say that every police station must have its
own mini laboratory, but that is what we should be striving
for, so that we can deal with especially gender-based
violence. Al Jama- ah therefore, supports a very short
amendment that will have a very big impact hon House Chair.
Thank you very much.
Ms N P PEACOCK: Hon House Chair, before I get into what’s
important I would like to state that whenever we are busy
doing something correct for the South Africans, we should
avoid coming here at the podium to grandstand. What we are
doing today is for the betterment of the South Africans that
voted us to be here, and not to come and ask why ...
Afrikaans:
... waarom en hoekom, soos die ander members [lede] hier kom
praat het en gevra het ...
English:


 
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... because the best thing that we did was to make sure that
this is tabled here today. So, before I could get into this we
need to be very focussed on what we are here for, and not to
derail from what we are expected to do.
Hon Chairperson, in recent years we have witnessed the rise of
gender-based violence globally. The lock down in different
countries was one event that demonstrated the increase as
reported by the United Nations. This is to prove that
challenges that are faced by South Africa are not immune to
other countries.
The Criminal Law (Forensic Procedures) Amendment Bill is one
of those incidents that prove the commitment of the ANC to
create safer communities. I believe the hon member Groenewald
is listening. This further proves that we are resolute and
unshaken in the fight against gender-based violence.
The recent alleged killing of Namhla Mtwa by her boyfriend is
one of many incidents that occur in our society. Our women and
children continue to live in fear. However, the legislative
amendment creates fertile space for the strengthening of the
fight against gender-based violence. The Criminal Law
(Forensic Procedures) Amendment Bill will be instrumental in


 
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resolving many unresolved criminal cases, in particular the
schedule 8 cases which include murder and sexual offences
cases.
There has been DNA backlogs over the years and this was a
serious challenge. It was a serious setback in the fight
against gender-based violence. However, there is a lot of
progress made in this regard. The commitment of the SA Police
Service continues to yield positive results as we have
witnessed the DNA backlogs reduced by 38% which is a
significant drop.
The Criminal Law (Forensic Procedures) Amendment Bill will
enhance this meaningful progress and with no doubt. The
results will improve.
The provisions in the amendment Bill, in particular, section
7, empowers the police to take the saliva of the people or the
person convicted of schedule 8 crime for DNA testing to check
whether they have not been involved in other serious crimes
that have not been resolved. This will be of great help in
ensuring that the backlog continues to be reduced and those
responsible should be prosecuted and sentenced.


 
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In the recent Budget Vote delivered by the Minister of Police
an amount of R50 million has been set aside for the buccal
samples and the collection of kits. This is done to ensure
that the DNA backlog continue to be reduced and those guilty
of these crimes are taken to task. We are sending a strong
message to the perpetrators of gender-based violence that
their days are numbered. We are committed and prepared to do
all in our power to create safe communities for our people.
We have witnessed something different about this amendment
Bill. The different political parties were able to take aside
their political differences aside hence I am so shocked today
with what they have said now. They have said in the portfolio
committee that they agree with us. They set their political
and ideological differences aside, but the gender-based
violence became a common enemy. All the members of the Police
portfolio committee unanimously supported the amendment Bill.
This is one of the many efforts that are in place to fight
gender-based violence.
However, it is the root cause of gender-based violence that
must be taken out. The fight against gender-based violence can
only be won when, like in this Bill, all political parties
work together, civil societies come on board, the private


 
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sector play its role, faith-based organisations and the
society at large must work together. Women should never fight
gender-based violence alone however men should be able to be
the centre of the struggle. The amendment Bill will bring
everyone together and join hands in the fight against gender-
based violence.
The amendment Bill seeks to provide a new provision to enable
section 7 of the Act which provides for taking of the person’s
saliva in person’s mouth in this regard to any person
convicted of crime listed in schedule 8, which is murder,
rape, sexual assault and sexual offences commuted on children
and mentally disable people as well. This, according to the
Act, should however be done within two years from the date of
commencement of the Act. However, there was no possibility to
extend this period in terms of the Act. In the process the SA
Police Service was not able to process the taking of the
buccal samples from the convicted offenders within a specified
timeframe, which was two years. This failure results in
several convicted and sentenced people serving their sentence
and later being released without having the DNA samples
extracted from them.


 
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The amendment Bill further enhances the SA Police Service by
granting them the authority of getting the DNA samples from
the convicted people in the process where offenders refuse.
The Bill will provide an opportunity for the SA Police Service
to be able to conclude even other cases these offenders might
have been involved in but were not convicted for serious cases
like murder.
The specified timeframe for the taking of the buccal sample on
the convicted offender and refusal by the convicted offender
to taken the DNA samples created difficulties to conclude
forensic investigations. This lacuna necessitated the
amendment. This legislation seeks to regulate the procedural
process. In a nutshell the embedment Bill seeks to make a new
provision for the full implementation of the transitional
arrangements it contained. The Act further provide room for
the enforcement and obligations to submit to the taking of the
DNA sample.
In conclusion, the amendment Bill has come a long way since
its introduction. The amendment Bill is progressive as it
seeks to ensure that there is justice in the part of the
amendment Bill of the criminal justice system in ensuring that
the fight against crime and gender-based violence is


 
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strengthened. The amendment Bill enhances the forensic
investigation process to move more effectively and
efficiently. The amendment Bill provides measures to collect
DNA buccal samples outside within the year of two years and
provide power to authorise officials to use minimum force in
the event of some offenders refusing their samples to be
taken.
The National Development Plan in Chapter 12, titled Building
Safer Communities, affirms that the South African national
government must ensures that South African people live in safe
communities. The National Development Plan provides the vision
2030 of the government and this vision says, I quote:
In 2030, people living in South Africa feel safe and have
no fear of crime. They are safe at home, at school, at
work and they enjoy an active community life free of
fear. Walking in the streets and children playing
outside.
This is the kind of South Africa the South African government
is striving towards. This amendment Bill is walking towards
ensuring that this vision becomes a reality. I thank you. The
ANC supports it.


 
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The DEPUTY MINISTER OF POLICE: Chairperson, afternoon to all
members of the House again. We want to thank members of the
committee, in particular the chair and all political parties,
for having supported the Bill. Chair, we also want to commit
to the House that once the Bill is assented to, as the SA
Police Service we are ready to implement this legislation.
It is also important that we should dispel the matter that
says the leadership of the SA Police Service is not committed
to deal with the challenges that we found within the
department. We are committed led by the Minister together with
the National Commissioner to deal with the challenges that are
there in the SA National Police. We will never claim that
everything is 100% perfect. There are challenges, we are aware
of that and we will deal with them accordingly.
It is also incorrect to create an impression that the
Constitution of the Republic of South Africa preclude other
members from passing legislation unless if it is the executive
– it is very much incorrect. I want to say that it is the same
executive that made sure that this piece of legislation serves
before the committee and today as the House we are processing
it.


 
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It is true that at the same time we did have discussions led
by the Department of Home Affairs to ensure that we expand
this tool to include other areas that we work with as
government. But it is the same executive that took a decision
that we should proceed and not wait for that process to unfold
because we thought it is an important piece of legislation to
pass.
Once more we want to thank all political parties for the
support. Chairperson, thanks for the opportunity.
Debate concluded.
Bill read the second time.
Ms N T MKHATSHWA: Hon House Chairperson, hon members, citizens
of South Africa ...
Afrikaans:
... goeie dag. Weet julle wat? Ek moet dit nou sê dat hierdie
vyf minute nie vir my genoeg is om vir julle te vertel wat ons
alles in die Noord-Kaap gesien het nie. Ons het vir vyf dae
vroeg opgestaan en laat gaan slaap, om al hierdie plekke te
sien.


 
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English:
So, what I would like to suggest from the onset, is that let
us take time to read this report in our spare time. I would
like to believe that many at times in the line of duty that we
are in the African proverb which says “Seeing is different to
being told.” is often very true. Thus we often say ...
IsiZulu:
... sikholwa ngokubona.
English:
Therefore, physical oversight becomes very important.
Today, hon members, I want to believe that we as the Portfolio
Committee on Higher Education, Science and Innovation, across
political lines, have a very good story to tell.
At the beginning of the year, the committee set itself on a
five-day trip from the very top of Northern Cape moving down
towards the Western Cape.
On day one we started in Kimberly at Sol Plaatje University
touching down in De Aar, then we visited the Northern Cape
Technical and Vocational Education and Training, TVET College


 
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and the Northern Cape Central University of Technology, CUT,
College. On day three we moved towards the Square Kilometre
Array, SKA, in Carnarvon then landing in Sutherland on day
four and five where the South African largest telescope is
hosted.
Out trip ended in the Western Cape where hon members of course
retired to their villages. All in all, over five days’ hon
members covered approximately 1 200 kilometres of oversight,
visiting over 10 locations.
As we moved from one side to the other, one could only wish
that all members of this august House were part of that
oversight. It is really unfortunate that some members of the
committee in particular of the opposition were not be able to
be part of this oversight.
Sol Plaatje University for us remains a great story to tell
particularly in relation to infrastructure development. Often
at times we see that infrastructure is delayed. There is
horrible workmanship. However, in the case of Sol Plaatje
University, hon members we saw a solid world prize winning
building or buildings that are named after characters of the
writings of Sol Plaatje.


 
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In the words of President Mbeki, it seems as though we as
South Africans in this particular case, lived up to the need
for us to respond to the call to create for ourselves a
glorious future.
I say a glorious future because, if we say infrastructure is
essential in creating a conducive environment for teaching and
learning to harness skills and knowledge for citizens to build
themselves a better future then we must make sure we build
more institutions of higher learning like we are doing in
Ekuruleni and sustainable institutions like in the case of Sol
Plaatje University because Sol Plaatje University is just
that.
Equal effort must of course be put into TVET and CUT colleges.
Hon members we were often told by the Director-General, DG,
Mjwarha that there was this amazing project called the SKA and
the Meerkat and we often wondered why so much funding was
allocated towards these particular projects?
Hon members, we saw it. It was remarkable to see the type of
project that can be done by us as South Africans and by us as
Africans. When we see these telescopes that detect sound and
we see these telescopes that they call optical telescopes, we


 
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are assured of the fact that in fact in South Africa, there is
a good story to tell.
What is even more important is: I knew that I was not going to
be able to take you through these five visits in the five
minutes that I have.
However, what becomes important is that these optical
telescopes that are being worked on, we need South African
young people to have access to higher education and
engineering and astronomy studies which must be offered at Sol
Plaatje University, that must be coupled by TVET students who
must be trained to be able to build these massive telescopes.
However, these young people must come from Carnarvon,
Sutherland, because there is no need hon Letsie for us to
bring in skills from outside when we are able to harness our
own capacities locally.
We must be able to tell a good story that these world-renowned
telescopes, where other countries are coming to host their
telescopes in our country because our African skies have a
geographic advantage like no other in the rest of the world.


 
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It is South African researchers and astronomers that are
leading in this sector and it must be the young girl and boy
from a small town of Sutherland. A young girl and boy from a
small town of Carnarvon, a small dorpie in the Northern Cape
that must be able to spearhead these projects. We do not need
internationals to come and lead such amazing projects in our
country.
Hon members, I really do not know even rehabilitation – when
we were there – I hardly needed a speech. Our colleagues from
the National Research Foundation, NRF, said to us you must
invite hon members to come and see what we are doing here
because of the tranquillity because you cannot have any noise
collusion or any sound collusion, otherwise it will distort
the observations taking place there. The tranquillity there
can assist us in rehabilitating young people whose souls have
been traumatised by the social collusions that they are
experiencing in our country.
Even community health care and the work that is done by our
scientists in our country can assist us.
Hon members, please go and read the report. I will not be able
to do justice to this report, but indeed in South Africa led


 
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by this democratic government, we have a good story to tell.
Thank you so much. [Applause.]
Declarations of vote:
Ms N I TARABELLA-MARCHESI: Hon House Chairperson, the
oversight commenced at the Sol Plaatje University. A state-of-
the-art institution which is a true beacon of the people of
the Northern Cape. Being a new institution, we quickly learned
of the low intake of students, due to inadequate courses and
in fact they have a very limited number of courses offered in
the institution.
It was then proposed that the staff component be increased in
line with growth trajectory of student intake and even venture
into health sciences that could solve the intake challenges.
What was also concerning was of the national application for
National Student Financial Aid Scheme, NSFAS. Only 1% of NSFAS
applicants were from Northern Cape. We therefore urge NSFAS to
embark on advocacy and out ridge programme around the Northern
Cape to educate learners, members of the public as well as
troubleshoot challenges faced by NSFAS applicants.


 
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We were also concerned about the mandatory vaccination that
the institution was going to impose to all students at the
beginning of this year. We advised the university to take a
consensus with students where necessary in order for them to
continue with either hybrid and blended learning were
possible.
Hon House Chairperson, as we all know the financial exclusion
of the missing middle issue is span throughout of our
universities. This institution is not immune to financial
exclusion for registration of returning students. As the DA we
believe that there is a need for a revised policy that is
inclusive to address missing middle crisis.
Hon members, we also proceeded to visit the Northern Cape
Rural, Technical Vocational Education and Training, NCR, TVET,
College. At that TVET we were informed about the late payments
NSFAS funding and allowances and how that contributes to
dropouts at the college. This is of grave concern as it
impacts on the development of the community and it perpetuates
poverty and unemployment in the province.
In addition, NSFAS funding guidelines for transport does not
take into consideration the vastness in the province and


 
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therefore makes no provision for travelling beyond 40
kilometres. The geographical span of communities away from the
college is on average between 60 to 70 kilometres. This
highlight the accommodation needs for these students.
We also visited the Northern Cape Community Education and
Training College. We were extremely disturbed by the lack of
physical infrastructure and lack of unqualified teachers, and
how the budget allocation did not accommodate the uptake of
the buildings.
Furthermore, we moved on to the SA Astronomy Observatory which
is the Square Kilometre Array, SKA, MeerKAT side in Carnarvon
and also at the facility of the SA Astronomical Observatory in
Sutherland.
As the committee we applauded the work that is done at these
sides and especially their socioeconomic impact was for me the
most outstanding. For instance, at the Clairefonteine support
base from which the engineering activities and operation of SA
Radio Astronomy Observatory, Sarao, are managed. The Sarao
facilitates and develop skills across various disciplines
including the Carnarvon Primary School where they provide
bursaries for leaners that have shown an aptitude of


 
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mathematics and science and also introduced coding and
robotics.
It was also encouraging to see how children with foetal
alcohol syndrome are included and participating in this
programme. Hon House Chairperson, I do not think there is
enough focus around foetal alcohol syndrome. South Africa has
the highest prevalence rate in the world. To see programmes
like that being inclusive of the children who are in numbers
in that area was encouraging, but more needs to be done by
this government to cab this preventable condition.
We also learn of the team of SA Astronomical Observatory,
Saao, who run the large telescope who are the most effective
in the world both in terms of construction and operation
costs. What we also learnt is that Saao managed to hire a
maths teacher for a primary school with their limited budget
and provide a licence laboratory at the same school and a
community centre in town.
What we also learnt was a lack of social workers, a nurse at a
local clinic, a doctor and also at the closest hospital which
is in Sutherland that is where our final oversight was. We
discovered that there is no social worker, nurse and no doctor


 
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and also the closest hospital is miles away. Patients have to
travel on gravel road that can take them long to get to the
hospital.
We would like to urge the Minister to collaborate with his
colleagues to address the inefficiencies in the delivering of
these services.
It was indeed an eye opening and I have to agree that a lot
had to be learnt about the Northern Cape. It was truly an eye
opening for all of us. I thank you, House Chairperson.
Ms N N CHIRWA: Hon House Chairperson, the EFF has noted the
report on the oversight visit to the Northern Cape, as a
province that once stood as a beacon of mineral wealth
extraction which was stolen by those who continue to oppress
us. The Northern Cape presents a useful opportunity to
leverage local community development and agriculture.
The work that has been done in Sol Plaatje University where we
see a concerted effort to integrate the institution into the
agricultural and a revival of the once growing diamond is
actually commendable. There must be a deliberate effort to
explore any remaining possibilities of access to minerals in


 
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the province and the university must therefore create
programmes related to mining and engineering.
The university’s building of a sports field with synthetic
grass, the teaching and learning facilities and the state of
its residences is reflective of an institution that is
fighting to be on par with the rest of the universities in the
country.
True to form however, there will always be a dark lining in
this sector and that is the result of the neglect in the
Technical and Vocational Education and Training, TVET, sector.
The teaching and learning environment leaves much to be
desired. At places such as the Northern Cape Rural, TVET and
Central University of Technology, CUT, colleges, the poor
administration and financial management and TVET colleges is
as endemic in that college. The college 120% of its budget for
2020 however it achieved only 30% of its targets. The question
then becomes: What was then that significant amount of money
and of the budget spend on?
The college’s dropout rate stood at 56% for the National
Certificate Vocational, NCV, and 41% for enacted business


 
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studies respectably. This is because there is simply no
conducive environment for academic success.
It is on this basis that we say we cannot endorse this report
because that would perpetuate an endorsement of the separate
development between TVET colleges and universities. That will
undermine any agenda towards industrialisation and skills
development. Thank you very much, hon House Chairperson.
Mr S S ZONDO: Hon Chairperson, the oversight visit to Northern
Cape has shown us that there are cross cutting ...
[Inaudible.] ...
The HOUSE CHAIRPERSON (Mr C T Frolick) Hon member? Hon member?
Mr S S ZONDO: Yes.
The HOUSE CHAIRPERSON (Mr C T Frolick) You cannot display your
party colours in the background with the faces of your
leaders. If you cannot switch it off or remove it then I
suggest you simply turn off your screen. Thank you.
Mr S S ZONDO: Hon Chairperson, the oversight visit to the
Northern Cape has shown us that there are cross cutting and


 
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common problems with the National Student Financial Aid
Scheme, NSFAS. Yet, it remains a very important strategy to
fulfil for the development of our public education system.
While we recognise what NSFAS success, according to the report
made some headways in assisting students completing the
application process. We are concern by the scales of complex
that we are receiving as to this problem.
Many students still have outstanding fees from last year which
affect their promotions and registration fee for the next
coming year. The NSFAS office remains largely in accessible to
the public and as the IFP we share their same frustrations.
Once again, it cannot be acceptable that the students and
parents who bear the burden of non-payment of tuitions by the
NSFAS. This impact their progression in terms of completing
their studies in eluted time frame. For many students
progressing from studies into works place cannot come soon as
these households’ are dependent in the income from each and
family members.
We urge the Minister of Higher Education to consider this
budget allocation towards the NSFAS entity in order to upgrade


 
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their systems in order to improve their payment processes.
Additionally, further easy is the business system need to be
implemented such as online chart system and step-by step
submission where errors can be made clear to applicants.
In terms of staff managing this system must be sufficiently
trained with quarterly reporting measures in place to improve
this service by the NSFAS. The IFP support the report. Thank
you, Chairperson.
Afrikaans:
Dr W J BOSHOFF: Agb Huisvoorsitter, ek het al tevore genoem
dat ’n oorsigbesoek van hierdie portefeuljekomitee iets is om
na uit te sien. ’n Besoek aan die Noord-Kaap is nog meer so,
want dis lekker om my tuisprovinsie met mense te deel. Eerste
was die Sol Plaatje Universiteit in Kimberley. Kimberley is ’n
stad wat bo sy grootte presteer en die universiteit is ’n
voorbeeld daarvan.
English: On its way to De Aar the committee picked me up at
home in Orania and I enjoyed giving them a lightning tour of
this dynamic community. I wish we could spend a little more
time, but it was not part of the schedule.


 
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Afrikaans:
In De Aar het ons die Northern Cape Rural TVET College besoek.
Die prinsipaal het ons daar ontmoet, 435 km van sy tuiskampus
in Upington. Die komitee kon ’n voorsmakie kry van die
provinsie se lang afstande en yl bevolking. Ook die prinsipaal
van die Noord-Kaapse Community College het met aansteeklike
geesdrif sy werk met ons gedeel, asook die uitdagings waarmee
hulle te doen het.
In Carnarvon is op die Square Kilometer Array, SKA,
radioteleskoop wat in die vierkant tussen Carnarvon,
Williston, Brandvlei en Vanwyksvlei ontwikkel word, gefokus.
Van die mees gevorderde tegnologie op die aardbol word
ontplooi, maar in ’n omgewing van ernstige armoede. Daarom is
nuwe geleenthede vir opleiding en verbeterde onderwys
beklemtoon.
In Williston is die SKA se invloed op die boerderygemeenskap
uitgelig. Met die aanvang van die projek is beloof dat die
impak op boerdery baie klein sou wees, maar mettertyd het
geblyk dat meer as 130 000 hektaar aangekoop en geheel en al
uit produksie gehaal moes word. Vergoeding vir die grond was
billik, maar om langs die SKA te boer, is nie maklik nie.


 
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Probleemdiere sal eers beheer word wanneer SanParke die
terrein bestuur, maar eers moet die SKA ’n heining oprig. In
Februarie is dit aangebied as iets wat ophande is, maar tot
dusver is nog nie ’n paal geplant of ’n draad gespan nie.
Kommunikasie is nog ’n probleem. Die vereiste radiostilte
veroorsaak dat selfoontorings afgeskakel moet word, maar die
plaasvervangers is nog nie gereed nie.
Die komitee was getuie van die SKA se arrogante houding
teenoor boere. Terwyl een boer sy ervaring gedeel het, het die
SKA se stakeholder manager [belanghebbende bestuurder] hom
probeer stilmaak.
English:
In a commendable intervention the chairperson defended the
farmer’s right to be heard. When the manager responded, he
asserted that neither the farmer nor I should be present –
again he was overruled. The road to Sutherland had a theme
song: Never ending story.
Afrikaans:
Dit was egter die moeite werd en dit was ’n voorreg om te sien
hoe die sterrewag in Sutherland wêreldklas werk doen, maar ook


 
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in die gemeenskap betrokke is. Telkens is gesê: “Eendag moet
’n kind van Sutherland aan die hoof van hierdie sterrewag
staan”. Die voorsitter het ook so aangedui.
Die verslag is ’n akkurate weergawe van die oorsigbesoek en
die VF Plus ondersteun dit. Baie dankie.
Mr S N SWART: Thank you, House Chair. House Chair, the ACDP do
not participate in this oversight report but we have studied
it and we welcome the report. It was very good to see the
progress with a university in this case so quietly and
adversely and we understand the financial constraints facing
the university but we do look forward as other speakers have
indicated to new faculty that has been opened to accommodate a
wide diversity of student’s avenues and possible even as was
referred to a health medical health faculty as well.
We also appreciate the concerns that was expressed by NSFAS
that funding is for the deserving students and this clearly is
an issue which must be addressed given the fact there are so
many poor communities in the Northern Cape.
Chairperson we from the ACDP, we share the concerns about the
policy of mandatory vaccinations for any students and believe


 
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that reasonable accommodation for students who do not wants
for religious or for any reason to be vaccinated must then to
be implemented.
The ACDP also appreciate the visit to SKA Telescope Project
and we also appreciate the concerns. We appreciate the fact
that the committee allowed various concerns to be expressed
from the farming community in that regard as well. We would
like to express our gratitude to the committee for this very
effective oversight and we support this report. I thank you.
Mr S M JAFTA: Chairperson, the AIC was not part of this
oversight visit but we are convinced that the committee did a
good job. We therefore, welcome and support the report. Thank
you.
Mr M G E HENDRICKS: Thank you very much, hon House Chair. It
is so very nice here that Parliament visit the Norther Cape in
areas like Kimberley where the first political party was
established which led to the establishment later of the ANC.
It is nice to hear the name of Sol Plaatje. Maybe the
Telescope should have been named after him.


 
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Al-Jama-ah would like to thank the portfolio committee for the
visit and reporting back to Parliament. We have nine provinces
in the country and it is nice to hear our portfolio committee
visiting all of these provinces. And we appreciate the visit
to the Norther Cape. Thank you very much, hon House Chair.
Mr W T LETSIE: House Chair, an integral part of our
parliamentary responsibility is to ensure that we play an
evident oversight over the executive and implementation
progress by the government. It is important because it enables
the portfolio committee to respond to challenges affecting the
sector drawing from leap reality of the students, the workers
and management of this institution to enhance co-operative
governance where weak relations exist.
Our oversight visit to the Northern Cape to access readiness
for 2022 academic year to ensure a smooth beginning of the
academic year and to ensure institutions have a required
resources and support to enable the success of the students.
During our visit, we received the presentation from the
Department of Higher Education on the readiness of the post
schooling and education sector for the year. We must state
that the academic year 2022 was one of the most peaceful


 
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admissions period to date. And we should acknowledge the
efforts of the department for continuously engaging with
different stakeholders in our institutions. The students, the
workers and school organisations should continue to engage
with various stakeholders’ and institutional management to
support the smooth functioning of the universities while
management should also play a proactive role.
The North Cape is one of the vas test province with high
levels has unemployment and poverty. The province has a
significant backlog of social infrastructure and equitable
access to basic services.
The oversight visit to the Sol Plaatje University demonstrate
the strides and significant progress of the democratic
government in expanding the higher education landscape in
ensuring the spatial distribution of universities across the
nine provinces.
As the ANC, we pleased and elated by the beauty of that campus
in the middle of the City in Kimberley. The open university
concept in a City demonstrate the practicality of making
university accessible to the public. We commend the massive


 
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infrastructure development project of the university which are
contemporary and creative.
We have recommended that the university consider expanding its
qualification offering by establishing engineering faculty and
astronomy to support the innovation and engineering skills in
the province and need for the country.
The establishment of universities and Tvet as an urgent task
of the ANC government is to expand access to ensure that the
majority of South African youth can gain skills and knowledge
to contribute to the socio-political aspect of society and
economic development.
An area of concern has raised by the vice chancellor of that
university was the risk of financial sustainability. The
institution has budgetary deficit. This necessitate the need
for the institution to expand its third stream income and
other revenue generating mechanism to develop a university
with financial sustainability.
In the context of the NSFAS a potential negative impact of
their decision by NSFAS to stop allocating upfront payment to


 
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Institutions due to inadequate funding and post funding
reconciliation challenges.
The portfolio committee also focus on science and innovation.
As the portfolio committee, Chair, we would have taken us
through. We want to sault when and saw 1,1 metre optical
telescope at the Sutherland observatory Pala 2, and this
advance scientifically capability of the nation is our pride.
We also said there should be a local impact in the Northern
Cape, in the country and globally. One of the measure issues
we have there is what hon Boshoff was trying to talk about
stakeholder management. And we have asked them, our colleagues
there to try and dribble that part.
The NCR Tvet College that we visited in De Aar where on our
way we picked up hon Boshoff there in his country called
Orania. We went to NCR Tvet college. The big challenge we have
with NCR College is that they spent 120% of their their budget
and they only achieved 30% of their target. And hon Chirwa,
stands here and say we’re not funding, we are not putting
enough money on as if throwing money at Tvet colleges will
solve the problem. The problem here is capacity, hon Chirwa.
We ought to fix, you can’t spend 120% of your budget and only
achieved 30%. And you, you come here and say you reject


 
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because there is no money, just pour money. No, take us
serious as well.
The dropout rate at that institution is 56% of the NCV
dropouts is 41% of the noted studies. There is a problem of
leadership in that institution and we have also asked the
department to look into strengthening the leadership aspect of
it.
We are pleased by the integrated approach in ensuring that
they support local schools and other institutions within the
province. This is how and the NRC refurbish laboratories have
both Roggeveld primary school in Sutherland sold a school
funded and employment of a mathematics teacher for the two
schools in Sutherland is something that we are very happy
with.
We welcome the researchers with Doctorate degrees working at
Etsu who are there. I think maybe it’s also good to, Chair,
see that all political parties, including those of high
personality who are problematic have supported the report and
welcome that. Its only one who continuous to just come here,
we reject; we reject without even ... Inaudible.] ... Thank
you very much. [Applause.] [Time expired.]


 
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The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Thank you, hon
House Chairperson. I move that the report be adopted.
Motion agreed to.
Report accordingly adopted.
DECISION OF QUESTION ON REPORT OF PORTFOLIO COMMITTEE ON
HIGHER EDUCATION, SCIENCE AND INNOVATION ON OVERSIGHT VISIT TO
STELLENBOSCH UNIVERSITY
There was no debate.
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon members, I wish to
remind you that this matter was debated in a mini-plenary but
the decision thereon can only be taken in a full plenary. This
is also the case for others; decisions of questions, the House
will decide on when we consider Orders Five to Seven.
The Deputy Chief Whip of the Majority Party moved: That the
Report be adopted.
Motion agreed to (FF-Plus dissenting).


 
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Report accordingly adopted.
DECISION OF QUESTION ON REPORT PORTFOLIO COMMITTEE ON HIGHER
EDUCATION, SCIENCE AND INNOVATION ON COMMISSION FOR GENDER
EQUALITY, CGE, REPORT ON FOLLOW-UP HEARINGS ON GENDER
TRANSFORMATION AT TERTIARY INSTITUTIONS 2019-20
There was no debate.
The Deputy Chief Whip of the Majority Party moved: That the
Report be noted.
Motion agreed to.
Report accordingly noted.
DECISION OF QUESTION ON REPORT PORTFOLIO COMMITTEE ON TRADE
AND INDUSTRY ON PUBLIC PROTECTOR REPORT (NO 37 OF 2018-19) ON
A SYSTEMIC INVESTIGATION INTO ALLEGATIONS OF ILLEGAL
CONVERSION OF GOODS-CARRYING TOYOTA QUANTUM PANEL VANS INTO
PASSENGER-CARRYING MINIBUS TAXIS TO TRANSPORT MEMBERS OF THE
PUBLIC FOR REWARD
There was no debate.


 
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The Deputy Chief Whip of the Majority Party moved: That the
Report be adopted.
Motion agreed to (FF-Plus dissenting).
Report accordingly adopted.
DECISION OF QUESTION ON REPORT FOLIO COMMITTEE ON AGRICULTURE,
LAND REFORM AND RURAL DEVELOPMENT ON OVERSIGHT VISIT TO
PERISHABLE PRODUCTS EXPORT CONTROL BOARD AND DISTRICT SIX,
WESTERN CAPE PROVINCE ON 29 MARCH AND 1 APRIL 2022
There was no debate.
The Deputy Chief Whip of the Majority Party moved: That the
Report be adopted.
Motion agreed to.
Report accordingly adopted.
UNTIMELY PASSING OF LEGENDARY GOSPEL SINGER, DR DEBORAH FRASER


 
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(Draft Resolution)
Mr A H M PAPO: Hon House Chair, I move without notice:
That the House –
(1) notes with shock and sadness the passing of the
legendary gospel singer, Dr Deborah Fraser, on
Sunday, 15 May 2022, after battling a short
illness;
(2) understands that the 56-year-old multi-award-
winning artist had been unwell and had not been
active in the industry for some time;
(3) recalls that Dr Fraser had been in the music
industry since 1985, first as a backup artist and
later released her much loved album 'Abanye
Bayombona' in the year 2000 and sold more than
1 million copies;
(4) further recalls that she won the first SABC Crown
Gospel Music for Best Female Artist Award, as well


 
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as a SAMA and Metro FM awards for Best Gospel
Album, and a Kora Award for Best Gospel Artist;
(5) remembers that she obtained a doctorate of
Philosophy at the Trinity International Bible
University in October 2021; and
(6) conveys its heartfelt condolences to the Fraser
family and friends in the music industry.
I so move.
Agreed to.
ELECTRICITY SUBSTATION FEEDING SPRINGS, EKURHULENI, BURNT DOWN
(Draft Resolution)
Mr A N SARUPEN: House Chair, I move without notice:
That the House –


 
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(1) notes that the main electricity substation feeding
Springs burnt down on 20 May 2022, leaving 200 000
people without electricity;
(2) further notes that it took the Ekurhuleni
Metropolitan Municipality just five days to build
a temporary substation and restore power to the
affected areas;
(3) recalls that it often took much longer for
electrical faults to be fixed in Ekurhuleni in the
past;
(4) acknowledges the progress the Ekurhuleni
Metropolitan Municipality has made in focussing on
the needs of its residents and endeavouring to
deliver services faster and more efficiently; and
(5) commends the Executive Mayor of the Ekurhuleni
Metropolitan Municipality, Ms Tania Campbell,
Member of the Mayoral Committee, MMC, Cllr Senzi
Sibeko and the engineers and technicians of the
Ekurhuleni Metropolitan Municipality for building
an entire substation in just five days to ensure


 
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that power was restored to the 200 000 residents
left without electricity when the substation burnt
down.
I so move.
Motion not agreed to.
LEGENDARY ACTRESS, SINGER AND PRODUCER THEMBI MTSHALI-JONES
HONOURED WITH AN HONORARY DOCTORAL DEGREE IN VISUAL AND
PERFORMING ARTS BY THE DURBAN UNIVERSITY OF TECHNOLOGY, DUT
(Draft Resolution)
Ms K D MAHLATSI: House Chair, I move without notice:
That the House –
(1) notes that the legendary actress, singer and
producer, Thembi Mtshali-Jones, was honoured by
the Durban University of Technology, DUT, with an
honorary doctoral degree in Visual and Performing
Arts at their virtual autumn graduation on Monday,
16 May 2022;


 
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(2) remembers that Mtshali-Jones, who currently stars
as MaNdlovu on e-tv’s drama, “Imbewu: The Seed”,
has decades of ground-breaking achievements and
contributions to show for her dedication and
talent;
(3) recalls that her long and accomplished television
career includes starring in the popular sitcoms
‘Sgudi Snaysi’ and ‘Stokvel’ which was nominated
for an international Emmy Award in 2004;
(4) acknowledges that she will join other legends such
as Joseph Shabalala and Welcome Nzimande, among
others, who also received the same award from DUT;
(5) congratulates Dr Thembi Mtshali-Jones for this
incredible award; and
(6) expresses its gratitude to DUT for recognising her
talent.
I so move.
Agreed to.


 
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THOHOYANDOU TOWN IN THE THULAMELA LOCAL MUNICIOALITY IN A
DILAPIDATED STATE
(Draft Resolution)
Ms M R MOHLALA: House Chair, I move without notice:
That the House –
(1) notes the dilapidated state of Thohoyandou town in
Thulamela Local Municipality in Limpopo;
(2) further notes that the town is surrounded with
litter of paper and plastic everywhere, there is
no amenities for the public to throw away litter
as dustbins have collapsed, public toilets don’t
work and the whole town is a health hazard;
(3) recognises that such state of dilapidation of a
town is not only a health hazard but also a
conducive place for criminals to operate with free
will;


 
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(4) further recognises that the failure of the local
municipality to build internal capacity has
resulted in such state of disaster;
(5) calls on civil society in the area, residents of
Thohoyandou and nearby areas and all stakeholders
to convene an urgent meeting to find solutions to
the disaster of litter; and
(6) further calls on the committee on forestry,
fisheries and environment to develop an oversight
plan to visit towns and take stock of the state of
litter and pollution.
I so move.
Motion not agreed to.
THREE VEHICLE CRASHES COSTING LOSS OF 29 LIVES
(Draft Resolution)
Mr N SINGH: I move without notice on behalf of the IFP:


 
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That the House-
(1) notes that a multivehicle collision occurred on the
N3 between Peter Brown Drive and the Chatterson Road
off-ramp in Pietermaritzburg in the early hours of
Saturday, 28 May;
(2) further notes that according to reports, 10 vehicles
were involved in the horrific crash, after the driver
of a truck lost control of the vehicle when the
wheels on the right side of the truck came off, which
resulted in the vehicle overturning onto the centre
embankment;
(3) acknowledges that a total of 29 people that we know
of, were killed in three separate crashes this past
weekend alone, 16 in Pietermaritzburg, nine on the
N3 between between Heidelberg and Villiers, and four
when two cars collided head-on on the R25 between
Verena and Dennilton in Mpumalanga;
(4) further acknowledges that the 16 fatalities in the
Pietermaritzburg accident are believed to have been


 
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passengers in a minibus taxi en route from
Johannesburg to Harding;
(5) extends its deepest condolences to those families
affected by these accidents as well as wishing a
speedy recovery to those injured; and
(6) calls upon government to conduct thorough
investigations in the circumstances surrounding these
gruesome accidents, and implement safety measures to
ensure that our roads are safe to travel.
I so move.
Agreed to.
SOUTH AFRICA’S WEALTH OF CREATIVE AND INNOVATIVE INVENTORS
(Draft Resolution)
Mr F J MULDER: House Chair, I move without notice on behalf of
the FFPlus:
That the House-


 
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(1) notes that regardless of its challenges, South Africa
is a country blessed with talented and creative people
and innovations that contributed throughout the world;
(2) further notes that the world’s first heart transplant
was performed in 1967 in Cape Town by Dr Chris Barnard
and his team and that the Computed Axial Tomography,
CAT, scan was developed in Cape Town by physicist Allan
Cormack and his associate Godfrey Hounsfield which
resulted in a Nobel Prize in Physiology and Medicine;
(3) also notes that minimal oil reserves led to the
establishment of the SA Coal Oil and Gas Corporation
better known as Sasol, the world’s first and largest
oil from coal refinery;
(4) acknowledges that the Kreepy Krauly vacuum pool cleaner
was invented by Ferdinand Chavier from Springs in
Gauteng, that Pratley Putty was invented by George
Pratley of Krugersdorp, which substance played a part
in the success of the Moon Landing in 1969 by holding
the bits of Apollo 11 landing craft together, we all
know that the Dolosse, which are large shaped concrete
blocks weighing up to 20 tons designed to break up wave


 
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action and protect harbour walls, were also designed by
a South African;
(5) recognises that Portia Mavhungu was the inventor of
Para-Tube, a retrofitted seat giving independence and
dignity to disabled people, and Musa Maluleka developed
the Diskjie shoe, a special South African soccer boot
brand with innovative features;
(6) realises that in South Africa 54,8% of industrial
enterprises were innovative, compared to the 41,5% on
the European Union; and
(7) acknowledges that in a low growth environment,
innovation can play a critical role to create jobs
through increased productivity and improve the lives of
the poor through providing better products and that the
FFPlus salutes South African inventors.
I so move.
Agreed to.


 
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LEANNE MANAS AWARDED FRENCH NATIONAL ORDER OF MERIT BY FRENCH
EMBASSY
(Draft Resolution)
Ms A H MTHEMBU: House Chair, the ANC move without notice:
That the House-
(1) notes that the media veteran and SABC’s Morning Live
presenter Ms Leanne Manas was awarded the French
National Order of Merit by the French Embassy for her
longstanding contribution to journalism, media and
various important charitable causes;
(2) further notes that Manas was bestowed with the honour
during a ceremony on behalf of French President
Emmanuel Macron at the French Embassy in Pretoria on
Tuesday, 17 May 2022;
(3) remembers that Leanne has interviewed an impressive
range of public figures, heads of state and local and
international celebrities over the last two decades;


 
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(4) further remembers that she has anchored some of the
most important milestones in this country’s history;
(5) acknowledges that this recognition celebrates and
highlights Leanne’s talent and continuous passion for
news; and
(6) congratulates Leanne Manas on her prestigious award and
also appreciates her enormous contribution to the media
industry.
I so move.
Agreed to.
10 YEARS ON SINCE THE DECISION TO HOST SQUARE KILOMETRE ARRAY
(Draft Resolution)
Mr S N SWART: House Chair, I move without notice on behalf of
the ACDP:
That the House-


 
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(1) notes that this month marks 10 years since the decision
taken that South Africa and Australia will host the
Square Kilometre Array, SKA, the international radio
astronomy project, which on completion, will be the
world’s largest radio telescope;
(2) further notes that South Africa is to host the mid-
frequency array of the SKA telescope in the Northern
Cape, where 133 more dishes will be added to the
existing 64-dish MeerKAT telescope;
(3) understands that South African companies and the SA
Radio Astronomy Observatory will benefit immensely from
the procurement contracts for the SKA;
(4) also understands that astronomy in Africa has seen a
growth spurt that is providing career opportunities for
young students interested in the sciences and
engineering with 2 000 bursaries having been granted
over the past 15 years mainly through the SKA bursary
programme the National Astronomy and Space Science
Programme for undergraduate and postgraduate studies in
astrophysics, data science, engineering and artisanal
skills; and


 
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(5) commends all public and private sector role-players
involved the SKA project these past 10 years, and
wishes them well in the successful completion of the
SKA project.
I thank you.
Agreed to.
BRAILLE CLOTHING FOR THE VISUALLY IMPAIRED
(Draft Resolution)
Ms M B HICKLIN: House Chair, I move without notice on behalf
of the DA:
That the House-
(1) notes that Balini Naidoo Engelbrecht is an
inspirational South African woman who has designed the
world’s first range of braille clothing to enable sight
impaired people to buy their own clothes without
assistance;


 
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(2) further notes that she was inspired by watching her
uncle’s dignity being eroded as he battled to pick out
clothing for himself when he lost his sight;
(3) also notes that she began designing a clothing range
incorporating colours, sizes, washing instructions and
style descriptions crafted in braille and woven into
the garment, ensuring sight impaired people can choose
their own clothes instead relying on others to do it
for them;
(4) acknowledges that 32% of South Africans suffer from
sight disabilities, 57% are women and 23% are aged
between 15 and 36;
(5) notes that Ms Naidoo Engelbrecht has registered a
business and wants to train other young designers to
manufacture garments that make a difference in society;
(6) notes that she makes bespoke garments, but to date,
cannot find investors as the cost of these items are
extremely high;


 
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(7) calls upon the Department of Small Business Development
to assist her to realise her dream of manufacturing
these clothes here, and assist her to open an academy
to train designers in Saldanha Bay to manufacture
braille clothes in South Africa; and
I so move.
Agreed to.
DR NAMANE MAGAU PASSES ON IN HER JOHANNESBURG HOME
(Draft Resolution)
Ms N T MKHATSHWA: House Chair, the ANC move without notice:
That the House-
(1) notes with deep sadness the passing of Dr Namane Magau,
who passed away in Johannesburg 20 May 2022 following a
brief illness;


 
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(2) further notes that she was an ardent scholar and
obtained her doctorate from Harvard University where
she also served on its board of educational review;
(3) acknowledges that she was a specialist in human
resources, education, and women’s development and
served in various capacities and roles for several
well-regarded institutions, which included the Council
for Scientific and Industrial Research, CSIR, the SA
Broadcasting Corporation, SABC, and the former
University of Durban-Westville, now referred to as
UKZN;
(4) further acknowledges that she also participated in the
development of national strategies such as the
Reconstruction and Development Programme, RDP, after
South Africa’s democratic transition;
(5) believes that we have lost a true patriot, a
stateswoman, an ethical leader, rigorous intellectual,
a seasoned media administrator, an accomplished banker,
gender and environmental activist; and


 
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(6) conveys its heartfelt condolences to her family,
friends and colleagues.
Thank you, House Chair
Agreed to.
MULTIAWARD WINNING ACTOR JAMIE BARTLETT DIES AT AGE 55
(Draft Resolution)
Ms S R VAN SCHALKWYK: House Chair, the ANC moves without
notice:
That the House-
(1) notes with sadness the passing of one of multiaward
winning South African stage and TV actor, Mr Jamie
Bartlett, at the age of 55 years, on Tuesday, 24 May;
(2) further notes that the actor was most well-known for
his role as TV villains Mike O’Reilly in Isidingo on
SABC3 and David Genaro in Rhythm City on e.tv, and as a
judge on SA’s Got Talent on e.tv;


 
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(3) acknowledges that his first major role was in the
United States film American Ninja 2: The Confrontation
in 1987 before making numerous appearances in both
international and local films;
(4) further acknowledge that most of Bartlett’s theatre
work happened at the Market Theatre, where he appeared
on stage in 1986 in Cock and Bull Story, portraying a
gay boxer, which won him a Vita Award for Most
Promising Actor and a year later, in 1987, he won the
Vita Best Actor Award for his Market Theatre role in
The Satire East;
(5) believes that his passing brings an end to a remarkable
career in the entertainment industry; and
(6) conveys its condolences to his family and friends.
I so move.
Agreed to.
LEDLA STRUCTURAL DEVELOPMENT OPPOSES SIU TRIBUNAL


 
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(Draft Resolution)
Mr S M JAFTA: House Chair, I move without notice on behalf of
the AIC:
That the House-
(1) notes a court challenge by Ledla Structural Development
setting aside a R38 million forfeiture order granted by
the Special Investigating Unit’ Special Tribunal;
(2) also notes that Ledla Structural Development has been
involved in the Gauteng Health Department’s personal
protective equipment, PPE, which was flagged as
irregular by the SIU;
(3) further appraises the House that Ledla Structural
Development is linked to Thandiswe Diko, the late
husband of presidential spokesperson Khusela Diko;
(4) records that R38,7 million was forfeited to the state
from Ledla following irregularity findings by the SIU;


 
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(5) also shocked that Ledla is appealing this order through
challenging the powers of the tribunal;
(6) informs this House that this challenge could set a bad
precedent for the work of the tribunal going forward;
and
(7) calls upon the House to support the work of the SIU and
its relevant bodies in uprooting corruption.
I so move.
The HOUSE CHAIRPERSON (Mr C T Frolick): If there are no
objections, I put the motion. [Interjections.]
Objection is noted.
THE PASSING OF MS SINGWA NAMHLA MTWA IN A RAIN OF BULLETS
(Draft Resolution)
Ms G P MAREKWA: House Chair, the ANC moves without notice:
That the House-


 
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(1) notes with sadness the passing of Ms Singwa Namhla
Mtwa, who was shot nine times outside her home in
Mthatha, on 21 April 2022, while returning from work;
(2) believes that the 34-year-old Namhla, who worked for
the OR Tambo Municipality, was reportedly trying to
leave an abusive relationship when unknown men rained
bullets on her;
(3) condemns the high rate of violence in the country
against women and children;
(4) trusts that law enforcement authorities will take all
the necessary steps in their investigation and bring
the perpetrators to book; and
(5) conveys its condolences to the family and friends of
Namhla Mtwa.
I thank you, Chair.
Agreed to.


 
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WESTERN CAPE GOVERNMENT LAUNCHES THE 2022 CYCLE OF SMMES
BOOSTER FUND
(Draft Resolution)
Mr Z N MBHELE: House Chair, I move without notice on behalf of
the DA:
That the House-
(1) notes that the Western Cape government launched the
2022 cycle of its Small, Medium and Micro Enterprises
SMME Booster Funds, last Thursday, 26 May, making
available R16 million for distribution to selected
organisations that deliver training programmes on
business development support and access to markets for
SMMEs;
(2) further notes that since the first iteration of the
SMME Booster Fund, in 2019, the fund has allocated
R59 million in funding and supported 730 SMMEs within
the Western Cape;


 
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(3) acknowledges that with targeted support programmes and
by making it easier to do business in the province, the
Western Cape government is helping entrepreneurs in
small businesses to enhance the sustainability and
success of rural, urban, township-based youth, people
with disabilities and women-owned SMMEs in the
province;
(4) affirms that the job of government is to make it easier
for the private sector, especially small businesses to
create jobs as stated by President Ramaphosa in his
2022 Sona address; and
(5) congratulates the Western Cape government for setting a
benchmarking example of how a capable and innovative
provincial government can support small businesses and
place job creation as the number one item on its
agenda.
I so move. [Applause.]
The HOUSE CHAIRPERSON (Mr C T Frolick): If there are no
objections, I put the motion. [Interjections.]


 
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There is an objection. The motion falls away.
NATIONAL CHILD PROTECTION WEEK COMMEMORATED IN SOUTH AFRICA
(Draft Resolution)
Mr M G E HENDRICKS: House Chair, Al Jama-ah moves without
notice:
That the House-
(1) notes that National Child Protection Week started on 29
May until 5 June 2022, and it is commemorated in South
Africa every year to raise awareness of the rights of
children;
(2) acknowledges that 90% of South African children do not
report incidents of sexual abuse;
(3) further acknowledges that South African children and
women live in constant fear daily from violent crime,
sexual abuse, and kidnappings;


 
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(4) understands there is an urgent need for social economic
intervention and programmes;
(5) further understands that the discriminatory clauses in
the Maintenance Act, which put women and children at a
disadvantage, and favours men are contributing factors
to child neglect and increasing poverty amongst
children;
(6) recognises the government’s swift and efficient
interventions to keep children safe in places of
learning, public spaces and in their homes; and
(7) understands that more is to be done and this is on the
radar.
I so move.
Agreed to.
UNTIMELY DEATH OF FORMER JOHANNESBURG MAYOR MPHO MOERANE
(Draft Resolution)


 
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Ms T MGWEBA: House Chair, the ANC moves without notice:
That the House-
(1) notes with shock and sadness the untimely passing of
the former Johannesburg mayor, Mpho Moerane on
Wednesday, 18 May 2022;
(2) further notes that Moerane had been at the Netcare
Milpark Hospital in Johannesburg for more than a week
after sustaining some serious injuries in a car
accident;
(3) recalls that Moerane was elected mayor in October 2021,
with only 30 days until the end of the term of office
as the city was preparing for municipal elections;
(4) remembers that he served in the ANC structures for many
years and was the regional treasurer;
(5) further remembers that he was leading the ANC caucus in
the City of Joburg after the polls last year;


 
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(6) acknowledges that he was an entrepreneurial,
multiskilled leader who placed his talents and creative
energy at the disposal of the citizens of Johannesburg;
and
(7) conveys its heartfelt condolences to the Moerane
family, friends and the ANC.
I so move.
Agreed to.
NOTICES OF MOTIONS
Mr F D XASA: Chairperson, I hereby give notice that at its
next sitting I shall move on behalf of the ANC:
That the House debates strengthening our disaster
prevention and emergency services to improve their
numbers and capacity to deal with more intense and more
frequent crises.
Mr C H H HUNSINGER: Chairperson, I hereby give notice that at
its next sitting I shall move on behalf of the DA:


 
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That the House debates the current condition of bus rapid
transit in 13 of our largest cities as well as the
reasons for huge disparity in service supply to the
public given that these cities received more than R45
billion in funding since 2005.
Mr F D XASA: Chairperson, I hereby give notice that at its
next sitting I shall move on behalf of the ANC:
That the House debates upholding and building unity
across all sections of South Africans.
Ms S A BUTHELEZI: Chairperson, I hereby give notice that at
its next sitting I shall move on behalf of the IFP:
That the House debates the recent spate of violent crimes
committed around the country together with the concerned
that our police personnel are not being equipped with
skills and tools to provide the necessary service to the
public.
Mr I M GROENEWALD: Chairperson, I hereby give notice that at
its next sitting I shall move on behalf of the FF Plus:


 
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That the House debates the obstacles to economic growth
caused by the ANC government and its failed ideological
policies.
Ms A H MTHEMBU: Chairperson, I hereby give notice that at its
next sitting I shall move on behalf of the ANC:
That the House debates transforming the information and
communications technology, ICT, sector at all levels.
Mr W M THRING: Chairperson, I hereby give notice that at its
next sitting I shall move on behalf of the ACDP:
That the House debates legislative and other interventions
to mitigate continued damage to our infrastructure caused by
the theft and illegal sale of copper cables, noting the
increase in theft in illegal sale of copper cables in South
Africa and the detrimental effect this has on lives,
livelihoods and the economy.
The CHIEF WHIP OF THE OPPOSITION: Chairperson, I hereby give
notice that at its next sitting I shall move on behalf of the
DA:


 
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That the House debates the failure of the Department of
Minerals Resources and Energy to deliver a working
transparent mining cadastral system.
Mr M N PAULSEN: Chairperson, I hereby give notice that at its
next sitting I shall move on behalf of the EFF:
That the House debates how the ANC economic policies have
destroyed our fishing communities along the South African
coastline.
Ms K D MAHLATSI: Chairperson, I hereby give notice that at its
next sitting I shall move on behalf of the ANC:
That the House debates on ensuring food security for poor
families and maintain food security for South Africa as a
whole.
Ms K D MAHLATSI: Chairperson, I hereby give notice that at its
next sitting I shall move on behalf of the ANC:
That the House debates addressing food insecurities
through promoting sustainable farming practices.


 
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Ms M M GOMBA: Chairperson, I hereby give notice that at its
next sitting I shall move on behalf of the ANC:
That the House debates intensifying interventions to
support tourism industry.
Ms H S WINKLER: Chairperson, I hereby give notice that at its
next sitting I shall move on behalf of the DA:
That the House debates the impact of climate change on
the tourism sector in South Africa and its strategy to
mitigate these risks.
Mr H G APRIL: Chairperson, I hereby give notice that at its
next sitting I shall move on behalf of the ANC:
That the House debates advancing transformation in the
tourism sector.
The House adjourned at 16:20