Hansard: NA: Unrevised Hansard
House: National Assembly
Date of Meeting: 16 May 2024
Summary
No summary available.
Minutes
UNREVISED HANSARD
NATIONAL ASSEMBLY
THURSDAY, 16 MAY 2024
PROCEEDINGS OF THE NATIONAL ASSEMBLY
Watch here: Plenary
The House met at 10:00.
House Chairperson Ms M G Boroto took the Chair and requested members to observe a moment of silence for prayer or meditation.
The HOUSE CHAIRPERSON (Ms M G Boroto): Order, hon members. The first item on the Order Paper is a motion in the name of the Chief Whip of the Majority Party. I will now recognise the hon Chief Whip of the Majority Party.
The CHIEF WHIP OF THE MAJORITY PARTY: House Chair and hon members, I hereby move:
That the House—
(1) notes that section 24(1)(a) of the Political Party Funding Act of 2018 requires that the President, acting on a resolution of the National Assembly, may by proclamation in the Gazette make regulations contemplated in sections 6, 7, 8 and 9 of the Act;
(2) further notes that the Electoral Matters Amendment Act of 2024, which was passed on 12 March 2024 and having come into operation on 8 May 2024, and the regulations contemplated in section 24(1)(a) of the Act inter alia of section 8(2) and section 9(1)(a) have to be made by the President acting on a resolution of the National Assembly;
(3) acknowledges that when making the regulations in terms of section 24(1)(a) of the Act, the President must take the following factors into account:
(a) the amount of money previously appropriated by Acts of Parliament for the Political Representative Fund within the previous five financial years;
(b) the constraints on the fiscus in funding political parties, independent representatives or independent candidates;
(c) the number of political parties represented in Parliament, including the potential number of independent representatives and independent candidates to be represented in the provincial legislatures of Parliament;
(d) the effects of inflation on the value of money over time;
(e) the need to allow sufficient donations, which must be disclosed by parties, to political parties, independent representatives and candidates in order to deepen participatory democracy;
(f) the actual fiscal contribution to public funding for political purposes; and
(g) the costs associated with participating as a political party, independent representative or independent candidate in elections and the democratic process in South Africa;
(4) also acknowledges that the task of making regulations requires time and therefore resolves as follow:
(a) the President makes regulations regarding the amounts contemplated in section 8(2) and section 9(1)(a) on an urgent basis as set out in regulations 7 and 9 of Schedule 2 of the Act; and
(b) the President must within six months from the date of this resolution, table comprehensive draft regulations for consideration by the National Assembly, and for a resolution to be made in terms of section 24(1)(a) of the Act.
The HOUSE CHAIRPERSON (Ms M G Boroto): Thank you very much, hon member. I now put the motion. Are there any objections?
Mr N SINGH: Hon Chairperson, I would like to bring to the attention of the House that this motion was not on the website of Parliament last night, as is normally the case. The Order Paper of Parliament is always put on the website the evening
... I only had sight of this resolution about 30 minutes ago and on reading the resolution I am extremely confused as to what exactly is required from us in this House.
I’ve discussed it with the Chief Whip of the Majority Party and I felt that, as we normally do with motions of this sort, we ... have a discussion amongst the Whippery and then bring a motion before the House, that as the Whippery we be given time during the session to meet in order to talk about the contents of this motion and place this item as the last item on the Order Paper for today. That is my request, hon Chairperson.
Thank you.
The HOUSE CHAIRPERSON (Ms M G Boroto): Thank you very much, hon Singh. Since you are saying that the motion was not there yesterday, I see a hand from the DA and I’m going to allow all the Whips or Chief Whips to say something before I resolve it and before we proceed on that.
The CHIEF WHIP OF THE OPPOSITION: House Chair, I will support hon Singh’s proposal to at least have a quick discussion during the course of the sitting and then perhaps this item serves just before the farewell speeches today. It can then be considered because we just need to understand some of the contents which we did not have sight of before. Thanks.
Mr S N SWART: House Chair, the ACDP understands the importance of this motion and therefore supports the hon Singh that it should stand down in order for us to consult and discuss the implications thereof, given that it was circulated very late last night. Thank you very much, House Chair.
The HOUSE CHAIRPERSON (Ms M G Boroto): Thank you. Is there any other party? Do we have any hand from the ... Do we have hands? We don’t have any hands. So, in that case ... Oh, hon Chief Whip?
The CHIEF WHIP OF THE MAJORITY PARTY: House Chair, I don’t
have any problem with the hon Chief Whips recommending that we should have further consultation on the matter. However, it must not be the last item. It must be an item on the Order Paper before the farewell speeches. So, we commit that it will
come back here because this is our last sitting and we have to deal with this matter once and for all. Thank you very much.
The HOUSE CHAIRPERSON (Ms M G Boroto): I see that we have the NFP. Do you want to have any bite? No, it’s fine. Okay. Hon members, with all the discussions that we’ve just had on this resolution, I will agree that the Whips ... because we know that we did not have a Chief Whips’ Forum as our usual way of doing things. So, I will allow all the Chief Whips to meet during the course of the day and this item will come back in the afternoon. Thank you very much. We will proceed to the next one. At this stage I will ask the secretary to read the First Order of the day.
CONSIDERATION OF BASIC EDUCATION LAWS AMENDMENT BILL [B 2D - 2022] (NATIONAL ASSEMBLY – SEC 76) AND OF REPORT OF PORTFOLIO COMMITTEE ON BASIC EDUCATION THEREON
IsiXhosa:
Nksz B P MBINQO-GIGABA: Masiyigqibe le nto.
English:
Hon Chair, hon Chief Whip, members of the progressive movement, our ANC. The Basic Education Laws Amendment Bill is a critical milestone for the Sixth Parliament, for South Africa and more especially for the education sector. The Bill we are considering for adoption is after the completion of the legislative process by the National Council of Provinces, which resulted in amendments.
Embodying the participatory nature of our democracy, the public hearings in the National Council of Provinces have led to a few critical amendments, a testament for the value we place on public input and the strength it brings to the Bill. To highlight the key amendments effected by the National Council of Provinces the amendments are on insertion that alternatively, a court may impose a sentence within the court’s discretion as contemplated in terms of the Criminal Procedure Act.
This is an amendment which responds to the concerns raised by the public on the prescription by the Bill on a period of conviction for a person prohibiting a learner from schooling. The impact of this amendment will enable the judiciary to
decide on the sentence based on the fact of those who commit acts that undermine the future of our children and nation.
The other key amendment clarifies the role of the school governing body and the head of department in relation to the language policy. The amendment emphasises the authority and role of the school governing body, SGB in determining the school’s language policy or any amendment thereof. It strengthens measures to review decisions taken by the head of department by stating that, and I quote,
If the governing body is not satisfied with the directive of the head of department as contemplated in section 7, the governing body may appeal against the directive to the member of the executive council within 14 days after receiving the directive.
IsiXhosa:
Musani ukufunda ngendlela engeyiyo nicaphule ngendlela engeyiyo.
English:
To give clarity on conditions of a just cause to limit certain clauses in the school policy, the National Council of Provinces, NCOP amended and inserted that it must be account of but not limited to the following circumstances:
That a learner may bring to the attention of the principal or governing body of the school, the cultural beliefs, religious observances and medical grounds. It is important to have clear parameters for consideration of deviations to enhance the protection of rights of learners and frank procedures, by ensuring that governing bodies may on reasonable ground and as precautionary measures, suspend a learner who is suspected or accused of serious misconduct from attending school, but may only enforce such suspension only after the learner has been granted a reasonable opportunity to make presentations to it in relations to such suspension.
The amendment also clarifies the act of serious misconduct by the learner on acts which occur on the school premises or at a school activity, and the learner has been formally charged by SA Police Service. The governing body must suspend such learner immediately without granting the learner an
opportunity to make representations in relation to accusation of such serious misconduct.
On learner and teacher support material and central procurement, the Bill amends the clause to include the authority of the SGB to procure books if it is cost-effective. These amendments have been accepted by the Portfolio Committee on Basic Education izolo (yesterday) and we bring this report and final Bill to the National Assembly for adoption. You will laugh only if you did not agree. But ...
IsiXhosa:
... thina siyavuma kwaye sibaninzi.
English:
Thank you very much Chair.
The CHIEF OF THE MAJORITY PARTY: House Chair, I move that this House adopts this report. Thank you.
Declarations of vote: IsiXhosa:
Mnu B B NODADA: Sihlalo ...
English:
... yesterday the ANC sacrificed the future of countless generations for cheap electioneering by bulldozing the Basic Education Laws Amendment Bill, Bela to Parliament. Instead of engaging meaning meaningful discussions about the widespread implications of the Bill and the changes made by the National Council of Provinces, they ANC Chairperson who surely doesn’t understand the Bill, refused to follow parliamentary protocol and denies opposition parties the right to include thorough inputs to the changes. She booted me out of the meeting for raising valid concerns, and the ANC majority adopted the Bill full of mistakes without interrogating the final version.
It seems the closer it gets to 29 May, the more desperate the ANC is to try and convince the public they’ve looted and undermined for 30 years, that they actually care. But their actions regarding the public participation speak louder than their desperate electioneering attempts A genuinely caring government would have listened to and addressed the concerns of the public, the majority of whom totally rejected the Bela Bill.
A caring government would have amended the deeply problematic clauses that continues to disempower schools and communities and storms on the rights of parents. Instead, the ANC government left the back door that still makes it the final authority on language and admissions in schools.
While changes have been made by the National Council of Provinces at our insistence to problematic clauses regarding admissions and language policies, procurement and the homeschooling sector, the Bill’s real threat of abuse has not been removed from. Bela Bill.
The DA has no doubt that the ANC would jump on the first chance they get to impose what many struggled so hard to overthrow, a centralisation of power by the state, similar to Bantu Education style policy that imposes the language of instructions on schools at the detriment of our children’s quality education. The last 30 years under the ANC government has seen very little development of the indigent languages.
The Bela Bill persists of a centralising power in the hands of unelected bureaucrats, undermining the critical role of parents, educators and the local governing bodies in shaping the educational landscape of their communities.
While other successful countries with quality education are decentralising decision-making to the lowest level of government and communities, the ANC wants to centralise power. The Bela Bill now explicitly forces all schools to purchase stationery, textbooks and other learning support material at a centralised tender system under departmental control. Another scheme designed to let ANC cadres loot while schools suffer.
It will result in a late delivery of books ... [Interjections.]
The HOUSE CHAIRPERSON (Ms M G Boroto): Order! Don’t drown the speaker.
Mr B B NODADA: The ANC has no shame to destroy what is left of our public schools. The Department’s failure to engage with the homeschooling sector on the best means of regulation and the committee’s ignoring of public submission contravenes the Constitutional Court judgement on the Traditional and Khoi-San Leadership Act. The Bill still imposes excessive regulatory burdens on parents who opt for homeschooling, infringing on their autonomy and freedom of choice.
A government that cared about our children, would have ensured that they attend schools where their lives aren’t in danger from dangerous pit toilets, asbestos, roofs that fall on their heads, or unfenced premises. Three weeks ago, I sadly went to bury 3-year-old Unecebo Mboteni who died after drowning at his school’s pit toilet. That is why making Grade R compulsory should be completely funded and not leave provinces at risk of more atrocities like this.
A government that cared about our children would have ensured that they could read for meaning by the age of 10. That they have basic numeracy skills under their belt, and that a matric qualification means they have the skills that they need to meaningfully participate in the economy without having to fear becoming one of the 3,6 million young people not in employment, education, or training.
This ANC government did none of these things. After 30 years in power, they continue to undermine the people they’re meant to serve. The way the ANC ignored parliamentary protocol and legislative muster to push the Bela Bill through Parliament is evidence of the fact that for them no sacrifice is too precious to retain their power, not even the future of our
children. A matric pass rate is so meaningless today that the majority of young people are destined to sit at home with no access to university or job opportunities.
You see, the thing is about surveys of achievement, they don’t care what you say you have done, they just measure you actually have delivered, and the ANC’s is shambolic. The Bela Bill has become just another tool for South Africans to sell their birth right for a pot of poisoned lentil soup. The DA remains steadfast in opposing the Bill, committed to fighting it every step of the way, from parliamentary chambers to the President’s Office, ensuring that our children’s futures aren’t shackled by outdated legislation.
The fastest way to stop this ANC Bill and the ANC from destroying our future is to vote them out in 13 days that are left on 29 May as they don’t care about our children’s future. Thank you very much.
Mr B S MADLINGOZI: House Chairperson, we supported the Bill when it was tabled in the NA for the first time. After looking at the amendments down by the NCOP now, we are still in support of the Bill. We support the amendment of the South
African Schools Act, which seeks to make education Grade R to Grade 12 compulsory and the criminalization of anyone who blocks children from attending schools without a just cause. We support the provision that gives principals more powers to monitor the attendance of children at school and to take action should there be no indication of where a pupil is after
24 hours of not attending school. This provision is purportedly to curb the high dropout rate at school. Principals and School Governing Bodies, SGBs are given more powers to follow up and find out the reasons why children are out of school.
This provision, however, could potentially spread principals two things. It cannot be their sole responsibility to do this. It was primarily for this reason why our manifesto we advocate that each school must have its own social worker to deal with problems such as these, and to understand the social problems that lead to many learners dropping out of school. While provision is progressive in as far as making school attendance compulsory, we must submit that enforcement of this must not be the sole responsibility of principals and SGBs. The department must appoint qualifying social workers to deal with issues like these in every school.
We are also in support of the powers to be given to Heads of Departments, HODs to make determinations on the language policy of the schools. This function cannot be left to the SGBs as many in the previously white schools still use language to exclude many black children. This is particularly so in the Western Cape, where Afrikaans is used to exclude African learners. It is particularly this provision that the DA and other right-wing parties hate because it takes away their power to racially exclude learners.
We are also not in support of the provision that makes it permissible for children below the prescribed age to be allowed to register to Grade R if their age HOD concurs, children must be allowed to develop fully and not be rushed through school grades.
IsiXhosa:
Ndiyabulela, Sihlalo weNdlu.
Mr S L NGCOBO: Hon House Chairperson, as I have previously stated, when debating this Bill, we cannot throw the baby away with bath water. When it comes to regulating the basic education system, it is more feasible to try and amend some of
the challenges highlighted than it is to completely do away with something that could defer substantial change. As we have seen from deliberations in our committee meetings, there were several things we could agree on. The IFP has made no secret of the fact that it takes issue with the Bill’s approach to the powers of the School Governing Bodies, SGBs. The SGB’s bring contextual knowledge of the community and the parent’s perspective that no other school body that you can think of, would possess. Therefore, they are crucial in the functioning of the schools. School Governing Bodies, SGBs are the bridge of communication linking the needs of the children to the understanding of the school, teachers and principals.
In rural communities, it is often through the participation of parents on the SGBs that schools learn of the challenges children face in the community that are affecting their behaviour in school. We cannot allow schools to be used in any agenda. The government tries to push. Therefore, this is very big danger in the assumption that the state will always act with good intent. Therefore, the concentration of powers in only one position, in this case the HOD, needs to follow the appropriate vetting processes. However, these are challenges that we can collectively work on as part of the new
government. It is with this in mind that the IFP, accepts the report. Thank you very much.
Dr W J BOSHOFF: Hon House Chair, ...
Afrikaans:
Hierdie aanname wat vandag gemaak word, kan sekerlik uiteindelik een van die ANC se grootste strategiese foute wees, want hoe langer die openbare deelname aangegaan het, hoe minder was die steun. Hoe langer dit aangegaan het, hoe groter was die teenstand, tot die mate dat die regsadviseer van die Parlement gesê het, sy weet nie hoekom nie, want die punte waaroor die mense kla het niks met die Bela Bill [wetsontwerp] te doen nie.
Daar is ’n baie goeie antwoord. Dis ’n mosie van wantroue in die ANC-regering se vermoë om onderwys in Suid-Afrika te bied. En dit het van u eie ondersteuners gekom. Dit het van 80% van die mense van die provinsiale openbare deelname gekom. Elke keer word daar gesê dat ons na die townships [lokasies] en die rural areas [landelike gebiede] toe gaan ...
English:
... to hear what the people say.
Afrikaans:
En dan sê die people [mense] nee, maar die ANC kan nie luister nie.
Toe daar in 1994 ’n lewensmoeë en regeringsmoeë regering van De Klerk die mag prysgegee het, kon hulle dit op grond van twee sake regkry. Hulle het gesê dat hulle nie groepsregte benodig nie, want ons kry ons groepregte deur middel van individuele regte. En twee, gemeenskappe sou die bestuur oor hulle skole kry.
Dit wat eintlik ’n baie swak ooreenkoms van gemmenskappe wat onafhanklike onderwys wil hê, want die regering het die beheer geneem oor die totale inhoud van skoolgemeenskappe net oor die bestuur daarvan, met ander woorde met uiters doeltreffende bestuur is ANC-propaganda vir die afgelope 30 jaar in skole gedoseer.
Nou selfs met daardie toegewing wil die ANC nou terugtrek. Die ANC het nie nou te doen met die geslag van 1994, wat lewensmoeg en regeringsmoeg was nie. Oor die afgelope 30 jaar
het ’n nuwe geslag opgestaan, wat moeg is om tweede viool te speel en wat aandring op hule regte as kultuurgroepe.
Daarvoor is artikel 235 van die Grondwet deurslaggewend, wat gemeenskappe met ’n gemeenskaplike taal- en kultuurerfenis die reg gee, om hul eie instellings tot stand te bring en ’n voorbeeld daarvan is skole.
Wat nou gaan gebeur is dat ons doen wat ons nog altyd doen, as die staat teen ons draai. Ons los hom eenvoudig uit. Die staatskole gaan misluk, die mense gaan omdraai en hulle gaan onafhanklike onderwys, tuisonderrig aangryp en die ANC gaan sit met eier op sy. Baie dankie.
The HOUSE CHAIRPERSON (Ms M G Boroto): Hon members, if you can check the earphones close to you, please switch them off because they are disturbing, especially this side, there are many that are opened.
IsiXhosa:
Nks M E SUKERS: Andixoki...
Afrikaans:
Die waarheid is die waarheid.
English:
House Chairperson, the Basic Education Law Amendment should be about one thing and that is learning. It is a powerful personal growth and spiritual... [Connectivity problems] That how we do something is as important as the outcome we achieve.
The HOUSE CHAIRPERSON (Ms M G Boroto): Hon Sukers, please take your seat. Hon Mvana, please switch off or mute your microphone. Thank you.
Mr W T LETSIE: Hon House Chairperson, on a point of order: I have raised my hand earlier on because interpreting is a bit slow this side. Hon Sukers will also need the interpreting services and I hope it will be faster this time, this side. Thank you.
The HOUSE CHAIRPERSON (Ms M G Boroto): Okay, interpreters are hearing you. You can proceed, hon Sukers but you can see your time is still intact.
Afrikaans:
Ms M E SUKERS: Die tragedie van die wetgewing is dat die ANC- regering nie in die beginsel glo nie. Dit glo nie in enige beginsel nie. Dit sal enige iets doen, sodat dit moet lyk hulle was hulle gesig; hulle doen dit nie.
English:
Tens of thousands of South Africans came to the public hearings. Our people came from rural areas and ask for a change to a more practical curriculum. Home school moms came with their children around them, quoting international legal treaties. They came and they shared their hearts, their minds, their hopes and dreams and their love and concern for their families and their fellow South Africans. But rather than unite in diversity, you sought to attack and divide. Rather than be open, you sought to hide. Rather than to listen, you sought to silence. When the people said this is an abortion Bill, you fell back on bubble retreat rather than simply admit and change your policy that is currently in play.
This country needs a better Basic Education Law Amendment. Hon Moroatshehla and I shared in the committee that our children have been discriminated against when trying to get them into good schools. The way that you have passed this Bill, say
nothing of the secret, last-minute attempted half compromises that were made behind the scenes have betrayed our people. It will mean it will be struck down.
Ms P N ABRAHAM: Hon House Chairperson, on a point of order: In this country there is no abortion.
The HOUSE CHAIRPERSON (Ms M G Boroto): No, no, no, that is not the point of order, please.
Ms P N ABRAHAM: Okay. Do not tell me to sit down, you.
Ms M E SUKERS: The members will do well to do some reading. Every time you chose not to do better, right up to yesterday morning in the committee, you made this more certain that you were better when you were led by a Chief Albert Luthuli. You were better when you were led by Mama Charlotte Maxeke. Today, the ACDP picked up the mental of Christian democracy. To ensure our nation is going to be better, the ANC of today is not the ANC of Chief Albert Luthuli. It is not the ANC of Charlotte Maxeke. [Interjections.]
Mr H G APRIL: Hon House Chairperson, it is late now because hon Sukers has already left the podium so I will not speak but I ...
The HOUSE CHAIRPERSON (Ms M G Boroto): No, please do not proceed.
Mr S N SWART: House Chair, there were a number of gestures that were made, and we know that is unparliamentary as well. That is the first point and I think by the chairperson of the committee that spoke earlier. Secondly, the volume, as you know Chairperson, there are interjections allowed, but my speaker had to keep speaking louder and louder to be heard.
Would you please rule on that? Thank you, House Chair.
The HOUSE CHAIRPERSON (Ms M G Boroto): Okay, that is a caution to every one of us. Actually, I was looking for the gestures from the podium itself. So hon members, let us respect one another. No, hon member, do not do that, please. Allow me to bring order. Let us proceed and let us respect each other, whether you are on the podium or anywhere you are not allowed to use gestures that are intimidating. Thank you very much.
Mr M G E HENDRICKS: Hon House Chair, Al Jama-ah doesn’t support the Bill. It was started off as rather ... one of the hon members called it an abortion Bill, and we are not going to allow anyone to use Bills to further promote abortion. It is disgusting that members of this House wanted to introduce abortion opportunities to children at a very young age.
There are some positive aspects in the Bill, but the immoral values trampling on the grave of Chief Albert Luthuli, who called for fatherhood, is also disgusting. If the next president is from the ANC, they must not go visit his grave because he would be very upset because of this Bill.
So, Al Jama-ah’s position is that there should be exemptions, especially for Muslim children that are taken out of school for two years to memorise the Quran. If we are not going to do that it will affect our faith and religion. The Nationalist Party which was the apartheid party gave an exemption that Muslims can take off a year or two or three to go memorise the Quran by heart and come back to school. Those students were some of the best students when Grade 12 results were announced.
Al Jama-ah compliments the ACDP for their strong stand on this particular matter in the committee and all over. The nation needs to be proud of the position of the ACDP on the Basic Education Laws Amendment Bill. Thank you very much. We reject the Bill.
Ms N G ADOONS: Hon House Chairperson, greeting to your good self and all the members in the House. As the ANC we concur with the amendments made by the NCOP. We are witnessing another extensive legislation process that has taken over a decade as the Basic Education sector grappled with multiple issues regarding the amendment of the Basic Education Laws to respond to changing conditions and enhance the existing systems.
Transforming our education system from the legacy of colonialism and apartheid Bantu Education requires continuous efforts to strengthen the system to address structural and systematic challenges. The Bill addresses exclusionary practices that can be discriminatory while protecting the rights of all. Over the past five years, we have focused on Basic Education Laws Amendment Bill, and held numerous engagements with the department, resulting in consensus on
further amendments before the public participation stage. This is the extent to which the portfolio committee prioritised the Bill.
Appreciating our society’s history of education, we undertook an extensive public participation process that involved thousands of South Africans. This includes student organisations, cultural organisations, school governing bodies, SGBs, teacher unions, research institutions, nongovernmental organisations, NGOs, Civil Society, religious organisations, citizens, learners and other stakeholders.
The wide range of participants demonstrates the rigour with which the Bill was consulted and deliberated on by the portfolio committee and the select committee of the National Council of Provinces. The process symbolised an activist Parliament which is people centred. We say to the people of South Africa, we heard your voices and have resolved on the final Bill concurring with the amendments from the National Council of Provinces.
The amendments further strengthen the Bill to give more clarity in responding to some of the public submissions. We
supported all amendments made by the select committee as they represented the people’s views and strengthened the Bill’s objectives.
The Basic Education Laws Amendment, BELA, Bill has been distorted by various sections in our society who knowingly misinform the public on the object of various clauses in the Bill, such as the role of the head of department, HOD, in relation to the school language and submission policies. The fear created is unwarranted and does not recognise the functions of the HOD.
On appeal of the Constitutional Court, the Rivonia judgment concluded that the HOD has the power to admit a leaner. It held that the school governing body may, in terms of the South African Schools Act, determined capacity as part of the admission policy. However, this power is subject to another provision of the South African Schools Act which states that the department maintains ultimate control over the implementation of the admission decision. Moreover, the court held that the capacity determination set out in the school’s admission policy could not inflexibly limit the discretion of
the HOD. Further, the ConCourt in the Ermelo judgment held the SGB ... [Interjections.] ... Chairperson?
The HOUSE CHAIRPERSON (Ms M G Boroto): Hon Mgweba, please, switch off. Apologies for that. Proceed, hon member.
Ms N G ADOONS: Thank you, House Chairperson. Further, the Constitutional Court in the Ermelo judgement, held that the SGB’s extensive powers and duties do not mean that the HOD is precluded from intervening on reasonable grounds to ensure that the school’s admission and language policies pay adequate heed to section 29(2) of the Constitution. This is critical to ensure policies are not discriminatory and enable access to children from different backgrounds. This authority can be reviewed through the appeal to the member of the executive, which in provinces is the MEC for Education.
The state has a duty to ensure all children receive a form of schooling and home education is one form. The Bill provision on home schooling ensures all learners are registered and are schooling. It is important that children are protected and ensure adequate schooling support exists in all corners of the country.
We must state that we are dismayed by the false information of the BELA Bill being an abortion Bill. When you read clause 41, member of Al Jama-ah, please go and read close 41 and tell us where you see abortion there. Please go there because now you are supporting something when you don’t even have any idea of what is captured in the Bill. Can you please do me that favour of reading clause 41. It is rather disappointing to say the least.
We must state that the number of HIV positive female adolescent girls and young women from the age of 10 to 19 is nearly four times more than of boys and young men, and the rate of teenage pregnancy is a concern. This reality requires the department to have provisions that empower the school management of learner pregnancy cases by empowering the Minister with the authority to develop regulations on related matters. Society, family guardians, the community and those with social influence should create an environment that enables children and learners to learn and grow in a protected environment, free from distractions.
Chairperson, as the ANC we support the Bill. It is unfortunate that we are here today in Parliament again when we are
supposed to be campaigning because you have created a platform for people that are not in the ground, in fact, they are rejected at the ground level because they are irrelevant. They still hold onto apartheid regime and the loss that prohibited black people in majority to live a better life that we envisage as the ANC. Now I am requesting that as the House we concur and adopt this report with the amendments as they are. Thank you very much.
Question put: That the Bill, as amended, be passed.
Division demanded.
The House divided.
[Take in from minutes]
Motion agreed to.
Bill, as amended, accordingly passed.
CONSIDERATION OF STATISTICS AMENDMENT BILL AND OF REPORT OF PORTFOLIO COMMITTEE ON PLANNING, MONITORING AND EVALUATION ON AMENDMENTS PROPOSED BY NATIONAL COUNCIL OF PROVINCES
Mr Q R DYANTYI: Hon House Chair, the Portfolio Committee of the Department of Planning, Monitoring and Evaluation, the President meant to process the proposed amendments, the Statistics SA Amendment Bill by the NCOP, after the Bill was processed by the National Assembly in February 2023. The Statistics SA, a cornerstone of our country’s governance system, provides a statistical data that is not only fundamentals for planning monitoring and evaluation, reporting information and informing decision making, but it also benefits the public sector and supports the economic planning and economic activities of different sectors.
The recent Census 2022, a significant achievement of Statistics SA has provided the nation with their scientifically determined statistics of the population and other socioeconomic indicators. These statistics have revealed that the democratic breakthrough has led to substantial improvements in the living conditions of all, and the expansion of basic services, underscoring the importance of
the work by this entity and the need for the proposed amendments. Many commentators and critics of the Constitution and policies of the democratic government have acknowledged that the evidence shows progress relative to other developing countries. This does not negate the existence of challenges and basic services backlogs, of which the government is on a continuous programme to resolve.
We should pride ourselves on the fact that 30 years into our democracy, we have not broken our commitment to creating a better life for all, even when the champions of white supremacy and the champions of anti-transformation would like that only life for them must be, because they are always against anything that is for the better of all. You would have seen them even yesterday, threatening to go to court on a National Health Insurance, NHI. We are not breaking our promise to a better life for all, not just a few. As a portfolio committee, we deliberated on the Statistics Amendment Bill and reached a consensus on most clauses on the Bill. There was one last aspect that was contentious, which related to the citizens’ concerns about the accessibility, which could create the security vulnerability. As a committee, we were satisfied with the clause on private dwellings as it
sought to empower the entity to execute its mandate optimally, by addressing barriers to data collecting.
The amendments that were effected to respond to this area of contention in the Bill, which seeks to limit the Statistician- General and office offices of Statistics SA, when carrying out his or her duties for statistical purposes to access private dwellings. The aim was to strengthen the clause to avoid any unforeseeable future gaps or possible abuse by the Statistician-General or any officer of Statistics SA authorised by him or her to enter on any land or premises. It ensures protection and respect for rights enshrined. We support the amendments and the Statistician-General confirmed that their legal advisor confirmed that the amendment would not restrict the implementation of the entity’s mandate, empowering the Statistician-General to develop a national statistics system and a national strategy for the development of strategic statistics will strengthen the quality of reported outcomes by the state, and by all actors in the first existing ecosystem.
Only empirical evidence will enable our public and private sectors to plan and use resources effectively to advance our
socioeconomic development. Through this Bill, before the National Assembly, shall empower Statistics SA to rise to a higher level. The portfolio committee supported the report, and we are hereby propose that we accept these amendments. Thank you.
IsiXhosa:
UMBHEXESHI OYINTLOKO WEQELA ELILAWULAYO: Sihlalo weNdlu,
ndiphakamisa ukuba le Ndlu yamkele ingxelo ethiwe thaca apha. Enkosi.
Declarations of vote:
Ms S J GRAHAM: Chair, nobody can deny that the work of the Statistician-General is a paramount importance to government. Notably, Statistics SA is responsible for the collection and analysis of data emanating from a broad range of categories affecting our daily lives. The data collected and analysed by Statistics SA is used by government to provide evidence-based solutions to informed decision making. Of these data gathering programmes, the census conducted every 10 years, is the most comprehensive and the most important. The goal of the census is to count every single person in the country without duplication. The census is therefore, primarily, a mechanism
for gathering information on the demographic makeup of the country. It provides information on the population distribution, composition of age, gender, language and education levels, as well as other socioeconomic indicators.
The data once analysed and interpreted, is then used in shaping policies and programs around urban planning, infrastructure development, and so on. As was the case with the last census, the amendment of seat numbers in provincial legislatures was impacted. The 2022 census was beset with problems, including the COVID-19 pandemic, which delayed the programme substantially. In addition, problems with enumerators resulted in areas being underreported, despite more than 100,000 enumerators being recruited and trained.
However, both issues did result in the 1st 100% digital operation undertaken by Statistics SA. Aside from the substantial delay in the census and despite an eye watering R3,1 billion budget allocation, there was still an over expenditure of R851 million and an undercount of 31%. It was the latter figure that gave rise to the most controversial clause in the Statistics Amendment Bill.
Several reasons were provided by Statistics SA for the undercount, one of which related to the vastness of farming areas in the Northern Cape, which had the highest undercount of all nine provinces. Another reason provided, was that around 1,2 million households refused to allow access to enumerators, with many citing COVID-19 as their reason for refusal. It was based on this that the ANC members of the Portfolio Committee on Planning, Monitoring and Evaluation, justified the removal of the phrase other than a private dwelling from the principal Act, to allow the Statistician- General and anybody in the ploy of Statistics SA, absolute access to any home in South Africa. No requirement for consent was provided for, and refusal of access could be challenged with a warrant obtained in the judge’s chambers, without prior notification of a case to the. homeowner or occupier.
It was the contention of the DA during deliberations on this Bill that this clause posed a grave risk of contravening the constitutional right to privacy, as well as posing a potential threat to vulnerable members of our communities, such as elderly, women and children. The ANC held that the right to government to gather data superseded the right to privacy, and the Bill was passed by the ANC in both the portfolio committee
and the National Assembly. When the Bill reached the Select Committee on Health and Social Services in the NCOP, the parliamentary legal advisor revised her opinion on the acceptability of the clause 15 amendment and advised that consent for access to property for the purposes of enumeration be included as an express provision in the Bill, to ensure that the rights to privacy and dignity be protected. It was this amendment that was proposed to the portfolio committee by the NCOP, and which was then unanimously adopted.
If ever there was an example of the absolute disregard for the rights of the individual in this country, this is the rights of the state, it was this piece of legislation that the ANC could argue that a child alone at home did not have the right to refuse entry to total strangers purporting to be government representatives, is abhorrent, that the ANC. Believes that data is more important than the right of a woman to be safe in her home tells us everything we need to know about how seriously this government takes gender-based violence and femicide, GBVF. Rather than to protect women, they are prepared to place them in more danger.
The Statistics Amendment Bill in its first iteration was deliberated on and passed, and hardly anyone noticed. None of the gender rights group, none of the GBV groups and nobody in the media cared about what was a terribly dangerous clause hidden in a seemingly benign piece of legislation. At least one person was listening to our concerns, our parliamentary legal adviser, and her intervention gave rise to the Bill that we are passing today, that requires consent by a person before a stranger can have access to their property. In less than two weeks, our country will be given the opportunity to vote in a new government. The choice is simple for voters. Vote for a party that pays lip service to the Constitution or vote for a party that will fight for your constitutional rights even when nobody is watching. There really is only one choice, the DA, because we fight for you even when you don’t know we’re doing it. The DA supports this Bill.
Mr M MANYI: Hon House Chairperson, the EFF acknowledges that amendments made to this Bill represent significant progress in addressing concerns related to citizens safety and privacy in the operations of Statistics SA. Recognising the importance of balancing the essential data collection for statistical purposes with safeguarding the rights and safety of citizens,
the National Council of Provinces, NCOP, has responded effectively. This could have been avoided if the portfolio committee listened. A primary concern not to be raised by the EFF centred on the potential risks associated with unauthorised individuals posing as Statistics SA officials and unlawfully accessing premisses.
In alignment with the EFF’s recommendations the NCOP has amendments to the legislation to enhance the safeguards. The proposed amendments now stipulate that entry and inspection by Statistician-General or authorised officers of Statistics SA can only occur under two conditions. Firstly, with explicit consent of an individual competent to grant such access or upon the issuance of a warrant. This is what the EFF has been proposing.
These provisions ensures that citizens’ rights and privacy are upheld while enabling Statistics SA to fulfil its functions effectively. These measures mitigate the risks of unauthorised access and maintain the integrity of Statistics SA operations. South Africa did not understand this, and the ANC did not understand this. This proactive approach not only addresses
the raised concerns, but also underscores our commitment to transparency, accountability and citizens welfare.
The EFF commends the NCOP for its responsiveness and diligence in addressing these critical matters. The introduced amendment significantly - I bag your pardon.
However, going forward, we urge all stakeholders to support these amendments reflecting a ...
The HOUSE CHAIRPERSON (Ms M G Boroto): Hon Manyi, you are muted.
Hon Manyi, you still have time. We stopped it. Can you ... Hon Manyi, he is not back.
Hon Manyi, your mic is on, but unfortunately, we cannot hear you! Do we proceed to the next member! You are left with one minute and 45 seconds!
So, let us proceed in the interest of time!
IFP!
Inkosi R N CEBEKHULU: Hon House Chairperson, as previously debated in this House regarding this Bill, we Acknowledge the strength of Statistics SA in providing reliable and ... [Inaudible.] ... for our citizens.
Unfortunately, whilst many pay attention to the meaning that statistics have in South Africa, the ruling party unfortunately stands to weaponize this entity against its own citizens. Instead of heeding the calls by the entity on the health care need, jobs and water, the ruling party seeks to manipulate the entity of South Africa to fulfil the promises of corruption and it makes to some of its cadre.
Similarly, when this Bill came before us, the ruling party saw nothing wrong on issues of entering people’s private residences to fulfil its own aims. Something we have all see before the apartheid state. We raised this matter and argued it to the rush to put an application and as elections approach. However, we have been vindicated.
We are please that the NCOP has worked as a check and balance, especially with opposition parties’ influence safeguarding constitutional rights of citizens to privacy. This is a
cornerstone of any democracy. Once such provisions are eroded, we no longer have a democracy.
We acknowledge the work of Statistics SA as an organisation and appreciate the inside it provides us into the various levels of intervention needed to address crime and murder in our country. Unfortunately, the ruling party seeks to sideline and manipulate the data to hide the facts that these insides also reveal areas that government failed to protect South Africans particularly women and children.
Through Statistics SA we can see South Africans live in a horror story with 84 murders a day. Our citizens are left with no hope if we continue with the current ruling party where unemployment has resin to 32,9% this year. Where our agricultural ... [Inaudible.] ... graduates have been kicked to the care, having their contracts cancelled by government.
There is no promise of long-term job opportunities. [Time expired.]
Mr S N SWART: Hon House Chairperson, the ACDP appreciates the need for the collection of the accurate data, the numeration process by Statistics SA. At the same time, we were concerned
about the provision which allowed the data collectors access to homes.
House Chairperson, we know the high levels of crime in our society, across the board and this particular related to home robberies and those that present themselves at your house.
Just last week, ACDP leaders were working in Khayelitsha were robbed. A firearm was pointed at one of our leaders.
Thankfully by divine intervention the firearm did not discharge whilst it was aimed three times, and the trigger was pulled. We thank God for His protection. We pray for protection upon all of our citizens and South Africa, but at the same time, it is very important that we introduce safeguards to protect citizens at home.
So, therefore, the ACDP welcomes the NCOP amendment that will require explicit consent for access to private property and possibly also the possibility of a warrant. We believe this will go a long way to protect vulnerable citizens in their homes despite the fact that one might still have enumerators or gangsters that are presenting themselves as enumerators.
We believe that this is a positive amendment. The ACDP supports this report. I thank you.
Mr P M SIKOSANA: Hon House Chairperson, the NFP notes the report of the Portfolio Committee on Planning, Monitoring and Evaluation on the amendment proposed by the NCOP. The main issue as emphasised by the chairperson during the presentation of Parliament for the need to amend the data collection method which was necessary to address limitation state faced by Statistics SA officials in carrying out their duties.
He further highlighted that Statistics SA currently faces challenges in accessing private dwellings. So, the amendment seeks to broaden access balance with a right to privacy which requires a warrant or consent before accessing private building or business premisses.
As the NFP, we note the amendment and hereby support it. We believe that the institution like Statistics SA should be granted all necessary power to carry out its mandate. In an Ideal South Africa, it is an institution that support the government as well as researched and significant data to make
an informed policy that should take our country forward and respond to the needs of our people.
We also understand that the institution had limited financial resources to capacitate itself with necessary human capital.
IsiZulu:
Siyacela, Sihlalo, ukuthi abanikezwe izinto ezanele zokusebenza siyiqembu le-NFP. Siyabonga kakhulu.
Mr M G E HENDRICKS: Hon House Chairperson, the nation is very proud of the Minister, the department and the portfolio committee in providing this valuable service.
However, Al Jama-ah is very concerned that we are still being classified in terms of the old apartheid rules. I was at the University of Zululand in 1974 when the message came from President Mandela to Steve Biko that from today there are only Blacks and Whites and no more coloureds and Indians. That is why we are very concerned that a progressive government led by the ANC is still a racist government because they hold these classifications.
In South Africa, there is only black and white that is what statistics must start showing. The coloureds have always been the Cinderella during apartheid and even worse now. So, Al Jama-ah would like to support this report.
The HOUSE CHAIRPERSON (Ms M G Boroto): Hon Manyi from the EFF, you were abruptly cut off or whatever, but your mic was on. Do you still want to conclude. You still have your minute or should we pass. Hon Manyi. Thank you. He is not here now.
Thank you very much. Probably he had some gadget issues. The ANC.
Mr K B PILLAY: Hon House Chairperson and hon members, South Africa is privileged to have state institutions which are considered to be amongst the best in the world. This reality give hope and confidence at our efforts of building state capability are yielding outcomes. Underpinning a capable state is the use of data for evidence-based decision-making which is fundamental.
Now Statistics SA is one of our most effective state institutions which has demonstrated its resilience and ability
to adopt to changing conditions during the Census 2022 under COVID-19 conditions.
The Statistics Amendment Bill strengthens the mandate of Statistics SA and the Statistician-General in the country’s statistics eco system. The clauses of this amendment Bill will also expand the scope of Statistics SA to support state institutions to develop dedicated units which focus on statistical data. This is a critical intervention. It strengthen the quality of information reported by state organs which will also benefit the planning process of the respective state organs and improve the social and economic planning of the country.
We are living in the period of digital transformation and artificial intelligence which are having profound implications for the way we work. The way we think of things and the way we deploy our resources. As technology enhances various aspects of the execution of the mandate of Statistics SA.
The Sixth Administration has taken critical measures to improve the performance of the state. This also requires government to focus not only the outputs of the implementation
of programmes, but also on the quality of implementation through measuring outcomes and impact. Support for a sufficient budget allocation to Statistics SA will strengthen these aspects and is critical in achieving objectives of this Statistics Amendment Bill.
This Bill empowers the Statistician-General to develop and implement a national strategy for a development of statistics whose purpose is to develop statistical capacity within Statistics SA and other entities within the National and Strategic Studies, NSS, in the form of skills and infrastructure for official statistics in order to support firstly, the monitoring and evaluation programme of the national and sector statistics strategies.
Secondly, planning and decision-making in the three spheres of government and other organs of state.
Thirdly, the meeting of the national, international and other reporting obligations of the state. Lastly, the building of statistical capacity in the form of statistic units within organs of states.
This Bill establishes the building of a statistical clearing house in order to promote the functions and objectives of the national statistics system and to avoid duplication in the production of statistics in the country.
The Statistician-General will also be responsible for developing an overall vision for the development of the National Statistics System which will empower him or her to develop a long-term vision which can contribute to organising all the role-players in the national statistics eco system.
Compliance of the SA Statistical Quality Assessment Framework is critical and Statistics SA would support entities on request to enhance outputs. We must express that the concern raised by opposition on limitations faced by the Statistician- General or an officer of Statistic SA, when carrying out his or her duties for statistical purposes to be prohibited from accessing private dwellings will impact the mandate of Statistics SA. Statistics SA have proven that they undertake data collection efforts with the respect of citizens and considering the safety of the public and adequate measures are undertaken.
We have supported the amendment made by the National Council of Provinces and believe that it will not restrict Statistics SA. The ANC supports the Statistics Amendment Bill as a key tenant of strengthening the state and placing our country at the cutting edge of data use. And yes, we will have the majority come the Seventh Administration of the ANC.
Motion greed to.
Bill, as amended, accordingly passed.
CONSIDERATION OF PENSION FUNDS AMENDMENT BILL AND OF REPORT OF STANDING COMMITTEE ON FINANCE ON AMENDMENTS PROPOSED BY NATIONAL COUNCIL OF PROVINCES
Ms P N ABRAHAM: House Chair, before I present the report I wish to congratulate the chairperson of the committee for having obtained a PhD which he will receive tomorrow. Today is an important day as Parliament will be adopting the Pension Funds Amendment Bill. The caring ANC government will provide comfort to millions of highly indebted workers in both the public and private sector. Workers will be able to access limited portions of their pensions without having to resign
from their jobs nor cash out the entire funds.
According to Cosatu, the two-pot system will help heal the workers financial wounds. The ANC cares about the plight of workers. The Standing Committee on Finance, having considered the Pension Funds Amendment Bill, referred to it, reports that the Bill with amendments has been considered. The main focus of this report is on technical amendments. The pension funds Amendment Bill was tabled in Parliament by the Minister of Finance on 30 January 2024, and it is a section 75 Bill of the Constitution.
Standing Committee on Finance’s, Scof, report on the Bill was adopted by this House on 22 March. The National Assembly referred the Bill to the NCOP. The NCOP adopted the Bill with amendments. The amended Bill was subsequently referred to Scof to consider the proposed technical amendments to the Bill. The committee was briefed on the proposed technical amendments to the Bill on 10 May 2024. These detailed proposed technical amendments to the Bill aim to refine language, clarified missions and ensure consistency across provisions within the Bill.
Each proposed changed addresses specific sections and provisions to enhance the overall effectiveness and coherence of the legislative text. Clause 1 amendments for example, after line 10 on page 2, the definition of beneficiary fund, will be substituted to clarify its reference. The revised definition specifies that a beneficiary fund means a fund referred to in paragraph C or D of the definition of pension fund organisation. In line 56 on page 10, “fund” has been replaced with “pension fund concerned”. After line 55 on page 11, insert the following, the pension fund concerned may not permit a member to take a savings withdrawal benefit where there is a maintenance order or a written notification from the maintenance investigating officer against the pension fund concerned in place, unless it is satisfied that the withdrawal will not result in there being insufficient remaining value to comply with the order of the return notification. Clause 10 amendments, in line 20 on page 12, after “until” insert finalisation of the divorce or until. In line 21 to 26 on page
16 omit 5 which says: “the designation retirement fund may be subject to court order, authorising the suspension of a savings withdrawal suspends savings withdrawal benefit where it is aware that proceedings relating to a maintenance order against the designated retirement fund are pending. The
withdrawal may result in there being insufficient remaining value to comply with the pending order if granted. The committee agrees with the amendments proposed, as reflected in C-list of the Bill. The committee reports the Bill with amendments. I move that the report be adopted for a better life for all.
There was no debate.
The Chief Whip of the Majority Party moved: That the Bill, as amended, be passed.
Declarations of vote:
Ms W R ALEXANDER: Chairperson, we are here today to discuss the matter that has been under careful consideration by the Finance Committee since May 2020. The two-pot pension fund reform. It must be acknowledged that the amendments to the pension fund regulation will have far-reaching impacts on our financial system, from the investment practices to risk management, retirement planning and overall economic stability. This reform represents a progressive compromise, striking a fair balance between the needs of hardworking individuals and the need for a sound financial system.
Individuals will have access to their savings portions of their pension fund while continuing to plan for their retirement. It is no secret that South Africans are burdened with crippling debt exacerbated by sluggish economy growth, rising living costs and the responsibility of supporting extended family members in a society grappling with the staggering 41,9 unemployment rate. Our current pension laws were inflexible, limiting the individuals access to their hard-earned savings until retirement, job loss or resignation. As a result, far too many people were forced to choose between financial ruin and unemployment, resigning to cash out their entire pension funds and leaving them with no safety net for the future.
While the Standing Committee on Finance and Treasury can be commended for getting this Bill to this stage, the saying goes, one swallow does not make a summer. Financial stability is not merely a matter of economic concern, it is a cornerstone of this nation’s wellbeing. But as investments dwindle, hindered by policy uncertainty and infrastructure deficiencies such as rolling blackouts and regulatory restrictions in key sectors, these all threaten the path to recovery, jeopardising our ability to address pressing needs
in education, healthcare and social development affecting the livelihoods of all South Africans from the factory worker to the small business owner, from the farmer to the students dreaming of a brighter future. Yet we cannot ignore the stark realities facing our nation. Corruption, state corruption, cadre deployment and antigrowth policies have eroded the foundation of our economy, leaving us in a precarious position.
Our currency is in free fall, our credit rating is in tatters and our people feel the brunt of this government’s incompetence. We have witnessed the erosion of our country’s economic foundation and of corruption, mismanagement and self- interest that has taken precedence over the welfare of the citizens. It can be said, or it could be said, that the ANC liberated this country over 30 years ago but is now synonymous with disappointment and disillusionment.
Our economy has faltered, our institutions have been weakened and our people are suffering. Despite the promises of prosperity and progress, we find ourselves in a myriad of quagmire of debt, unemployment and inequality. But perhaps the most damning of all is the human cost of this government’s
failure. Millions of South Africans languish in poverty, denied the opportunity to build a better life for themselves and their family. Incidents that occurred in Marikana, in Life Esidimeni and the July riots are not mere incidents, but a glaring manifesto of government neglect and the disregard for human life. While reform has been introduced to try and address historical imbalances and improve public financial health, the reality on the ground tells a different story. The current government may try to deflect the blame by pointing fingers at the external factors or historical injustices, but the truth is planned for us all to see - the ANC’s own actions, or the lack thereof, have led us to this point. It is time for a new vision, new leadership and a new direction for South Africa. It is time to put the interest of the people ahead of the patriotism or politics and personal gain. It is time to rebuild this nation from the ground up. It is time to rescue South Africa. Let’s eliminate the path towards a brighter future for all South Africans. The DA supports this Bill. Thank you.
Mr M MANYI: Chairperson, in support of this Bill, the EFF views the proposed amendments to the Pension Funds Act as crucial opportunities to reshape South Africa’s pension
landscape in accordance with our core principles. The introduction of the savings withdrawal benefit must be such that it prioritises the interests of the workers and ensure their economic security. The EFF advocates for equitable access to this benefit for all members, ensuring that it serves as a lifeline for individuals without discrimination or exploitation by financial institutions.
The implementation must prioritise the welfare of workers above profit driven motives. Transparency and fairness in accounting for members’ interest in savings retirement investment components are non-negotiable. The EFF assess that robust accountability measures and oversight are imperative to prevent any mismanagement or misallocation of pension funds.
Members deserve complete visibility to the handling of the investment of their contributions to safeguard their financial futures upon retirement.
Furthermore, stringent regulations of deductions are essential to safeguard the value of pension funds against exorbitant fees and charges. The EFF advocates for the imposition of caps on such fees ensuring that the lion’s share of contributions directly benefit members rather than lining the pockets of
financial institutions pursuing profit at the worker’s expense. In addition to this specific amendments, the EFF calls for sweeping reforms to rectify systemic injustices entrenched within the pension schemes. These include addressing historical exclusions and facilitating broader access to pension schemes for marginalised groups including informal and precarious workers whose contributions are often overlooked.
Central to our vision, is the establishment of a National Pension Fund collectively owned and managed by the workers. This model ensures democratic control over pension assets and decisions redirecting the focus towards societal benefit rather than saving narrow corporate interests. Empowering workers through ownership and control of their pension fund is paramount in fostering economic freedom and social justice.
The EFF believes in seising the opportunity to address the immediate needs of workers while simultaneously advocating for broader economic transformation.
We recognise and support the urgency and relief provided by the amendments but remain steadfast on our commitment to fundamentally restructuring the sector to prioritise the needs
of the people over profit. Chairperson, through transformative policies that bold initiatives, we as the EFF aim to build a truly just and equitable society where every South African can thrive. Borrowing from your future is the last option that could have been avoided if we didn’t have this inept ANC government that destroyed our economy. Twenty-nine May is around the corner. Vote wisely to install a caring, thoughtful and energetic EFF government. We support the amendments. Thank you.
Ms L L VAN DER MERWE: Hon House Chairperson, I will be making an input on behalf of my deputy president, Inkosi Mzamo Buthelezi. The IFP has previously stated that this Bill shows us exactly how the current government needs to do more in safeguarding the interests and wellbeing of our people. The desperation people are feeling because of the state of our economy is evidenced by the very existence of this Bill.
This Bill intends to grant citizens the ability to borrow from their pensions ... [Inaudible.] ... financial distress without having to retire. As we have stated before, the IFP is against this course of action but we understand that our people find themselves trapped in poverty. The Bill is a clear indictment
therefore on the ruling party’s failure to provide decent employment opportunities to our people. It is common cause that the whole point of retirement annuity is to safeguard people’s livelihoods while into their most advanced years and when they can no longer participate in economic activities.
House Chair, for the government to seek to advance into law or legislation that gives people an opportunity to access these funds ahead of retirement may seem noble in its intentions but in the long run it might yield disastrous outcomes. As the IFP we believe it is time for a new government, a government that will ensure that our citizens are able to save for rainy days. The IFP after 29 May will lead a government that will stand ready to rebuild South Africa and the economy. The IFP will lead a government that truly cares for its people, one that would put South Africans first. That having been said, we support this Report before us. Thank you, Chair.
Mr S N SWART: House Chair, the focal point of the Pension Laws Amendment Bill is the two-pot retirement system. The primary objective is to provide flexibility for fund members to access their retirement savings during emergencies without necessitating resignation. Our traditional retirement systems
primarily focused on long term savings often lacking that adaptability. This has sadly resulted in many people facing financial crisis resigning in order to access those retirement savings with drastic financial consequences in the long term.
This pension reform seeks to strike that correct balance and it commits fund members to access a portion of their savings. This is very positive. The ACDP has also looked at the amendments that have been proposed by the NCOP and we support those amendments which are largely technical of nature to improve the Bill as a whole. The ACDP is also concerned about the issue of our economy given the fact that many of the pension funds are also supported on the stock exchange by the National Treasury Bonds and that impacts on those investments in the long term as well, of course, on workers as it has been indicated earlier.
Lastly, of course - as many others have said - the ACDP believes that far more could be done to stimulate economic growth and stimulate more employment which would not require workers to have to resign. We believe - as many others have said - that it is time for change and it is time to vote for
the ACDP. Having said that, we support the Report. I thank you.
Mr P M SIKOSANA: House Chair, the NFP noted the Report of the Finance Standing Committee on the amendment proposed by the NCOP. These amendments were mainly about pension funds and changing their rules to accommodate the two-pot system which comes into effect on 01 September 2024. We believe that the two-pot system proposal introduces a significant change to the retirement system in the country.
House Chair, we also welcome the broad principles and aims of the system. We believe that it is within the South African interest to start lessening the burden of Older Persons Grant in the fiscus. We should be encouraging our people to save their retirement, subsidise those who do and protect those who have pension funds. Our Social Development budget is not fit for the purpose although the state now is spending R2 185 for over 4 million beneficiaries.
In 1994, when South Africa became a democracy the country paid the grant for about 2,5 million people mostly Old Age Grant, Disability Grant and State Maintenance Grant. Today, the SA
Social Security Agency pays R26 million grants a month. Surely, as political parties we can all agree that we need to reduce dependence on the state. Yes, we need to support the vulnerable much better than we are currently but overall dependence on the state needs to be reduced significantly to release the savings and redirect those funds towards initiative that will ensure job growth, economic growth and development.
Chair, perhaps if we start regulating the withdrawals of pension funds we may release savings from paying fewer beneficiary for all people. Therefore, we welcome the Pension Fund Amendment Bill as proposed by the NCOP. Thank you very much.
Mr M G E HENDRICKS: Hon House Chair, how can you expect a person that will retire at 60 years to live on 25% of the money that he used to earn? We just recently passed the Older Persons Bill. These amendments will harm people when they reach the age of 60 years and they have drawn from their pension fund. I know what I am talking about. I was a trustee for Nestle and for Naspers for nearly 30 years. This will cause so many hardships.
All that Al Jama-ah can ask is, let us soften the blow. Firstly, when people withdraw some of their money that they provided for their pensions it must not be taxed. Secondly, there must be provision that they pay back the money without interest so that they don’t retire with 25% of their salary but with much more. However, Al Jama-ah will support this Bill but more work needs to be done. Thank you very much.
Ms M D MABILETSA: The ANC supports the amendments made by the NCOP to the Pension Funds Amendment Bill which are not substantial and do not the mind the essence of what the Bill seeks to achieve ... [Inaudible.] ... The ANC-led government has long introduced the legislative and regulatory measures that provides relief for the indigent working class and the middle structure of our country.
House Chair, through various legislative reforms we have enhanced workers’ rights protection by advancing a minimum wage to ensure that workers meet their basic needs required to leave a decent life. We have transformative legislation that sought to change the face and structure of our economy through the Broad-Based Black Economic Empowerment, Employment Equity, the National Empowerment Fund Act which has been disbursed to
over R10 billion to support 1 000 black-owned businesses in the country to start up expansion and equity transformation.
House Chair, through the Employment Equity we have fundamentally transformed the essence of public service. Many black people continue to enjoy preferential appointments and senior positions and influential position in the private sector as a result of this legislative reforms to transform our society. The DA want to scrap affirmative action and Black Economic Empowerment to reverse the gains that the ANC has made in changing the lives of black and African people. To them, black and African is associated with incompetence and corruption.
To illustrate the real agenda of the DA let us consider some of the facts, the percentage of people working in the Public Service are ... [Inaudible.] ... % blacks; 8,59% Coloureds; 6,65% white and 2,28% Asian. Chair, 12 728 are persons with disabilities, broken down within 54,57% females and 45,43% males. Africans occupying senior management positions are 44,3% were women and 55,7% were men. These are advances made as a result of the legislative reforms to transform the economy and the public service through affirmative action and
the Black Economic Empowerment, which the DA wants to reverse. The people of South Africa will not allow this.
The new two-pot system retirement saving regime is not different from the many legislative reforms that the ANC has introduced since 1994 which will bring some flexibility and relief to South Africans who have contributed to a private or employer retirement scheme and to whom at times find themselves needing accesses to some of their own retirement savings. The ANC-led government has in its responsiveness created hope for workers by enabling them the ability to access the other payment service when they need it most.
The Pension Funds Amendment Bill provides a lifeline to the families facing financial distress and uncertainty, whether it is to cover for medical expenses, pay off debts or simply to put food on the table. The ability to tap into their retirement savings will give the much needed peace of mind.
However, the benefit of this still extends far beyond just providing relief in times of crisis. By empowering workers to access their retirement savings we also unleash a wave of economic activities that has the potential to stimulate growth and prosperity across our nation, whether it be through
investment in small businesses; home improvements; educational opportunities or the inclusion of retirement savings into the economy ... [Inaudible.] ... to create jobs, steer innovation and drive sustainable development for years to come.
House Chairperson, while our country is on the road to recovery we need to ensure that we protect workers equality for life. This will ensure that workers can live their lives they worked for and deserve. Some workers are drowning in debts, rising cost of living, repo rate hikes and employers who do not comply with the minimum wage requirement. The amendments of the Pension Fund Laws offer workers a positive balance.
Hon Chairperson, while the savings withdrawal will not be enough to settle home or car loan, the withdrawal will be equivalent to a thirteenth cheque for most workers and will help to settle short-term debt and other urgent financial needs. Chair, over the time this will help heal workers’ financial wounds. These reforms will help boost savings in the longer term as workers will no longer be resigning to cash out their entire pension funds but will rather access their savings pot instead.
In conclusion, the adoption of the Pension Fund Amendment Bill represents a significant step forward in the ANC-led government’s ongoing efforts to promote inclusive economic growth, financial inclusion and relieve the burden of financial distress on workers. By embracing these reforms we reaffirm our commitment to the wellbeing of all South Africans and lay the foundation for a more equitable and prosperous future for generations to come. Thank you, Chairperson.
Question put.
Motion agreed to.
Bill, as amended, accordingly passed.
CONSIDERATION OF PUBLIC PROCUREMENT BILL
(Consideration of Bill and of Report thereon)
Ms P N ABRAHAM: Hon House Chair, the Public Procurement Bill was tabled in Parliament by the Minister of Finance on 30 June 2023. It is a section 76 Bill, dealing with public procurement. This Bill seeks to achieve the ANC’s vision of an
inclusive economy. The basic objective of the ANC policy is to strive for the achievement of the rights of all South Africans as a whole, and for political and economic self-determination in a united South Africa, to overcome the legacy of inequality and injustice created by colonialism and apartheid.
The progressive government of the ANC has a responsibility to create a developmental state, whereby the state has to play a critical role in the economy. The developmental state should use state organs and resources to empower the previously disadvantaged. The ANC has prioritised the public procurement reform on its agenda as a tool to empower those who have been disadvantaged and marginalised.
The Select Committee on Finance Report on the Bill was adopted on 4 December 2023 and subsequently referred to the NCOP. The Select Committee on Finance adopted the amended Bill and the committee report on May 2024, and the Bill was subsequently referred to The Select Committee on Finance to consider the amendments to the Bill. The Select Committee on Finance was briefed on the technical amendments to the Bill on 10 May 2024 again and agreed to the amendments on 13 May 2024.
Some of the amendments to the Bill - in fact, all of them - can be seen on the C-list and the e-version of the Bill. I will talk to just some of them and not all of them. For instance, on the bid committee, this amendment clarifies who appoints members to the bid committee, specifying either the accounting officer or accounting authority within the procuring institution.
There is a new clause, clause 17, which talks to the set asides for preferential procurement. This clause mandates procuring institutions to set aside bids for a specific category of persons, such as black individuals, women, persons with disabilities and others, subject to prescribed thresholds and conditions. The Minister is tasked with prescribing targets for set asides and consulting relevant Ministers for input on these targets.
If no set aside targets are prescribed, procuring institutions are not prohibited from setting aside bids for eligible categories. Clause 18, also speaks to institutions that are procuring for a pre-qualification criterion to again promote preferences in contract allocations, based on the Broad-Based Black Economic Empowerment policy. Clause 19 also talks to
disadvantaged groups that have to be advantaged by the Bill, and clause 20 talks to the Minister and the role that he should play in ensuring that this happens.
The new clause, clause 68, talks to what again the Minister should do within 24 months after the Act has been published for the first time. He must review the implementation of this Act and the need for amendments to this Act. He must ensure the consultation with stakeholders, including Nedlac, during the review. Within 27 months after this Act was published as an Act in the Gazette, he or she must make a public report on the review and submit it to Parliament.
On the preamble amendments, the insertion of text to recognise the importance of ‘economic transformation’, and ‘black economic empowerment’ after the sixth paragraph. The committee agrees with the amendments made in the Bill and I hereby move for the adoption of the report.
There was no debate.
The Chief Whip of the Majority Party moved: That the Bill, as amended, be passed.
Declarations of Vote:
Mr J N DE VILLIERS:
Thank you, Chair. So, one trillion is the one written with 12 zeros. It is in essence a million multiply by a million. So, if we were to take a trillion and put it into time, a trillion seconds is 35 000 and-a-half years. So, it is a lot. It is also the value of the annual amount of procurement done by the government.
Now, Chair, as you can imagine, thousands of state departments and institutions cannot just purchase goods and services at their whim. Their spending policies and their practices need to comply with National Treasury procurement legislation, which in turn needs to comply with the Constitution.
Constitutionally speaking, this means that when the government needs to purchase any product or service, it is bound to section 217 of the Constitution, which states that it must do so in accordance with a system which is fair, equitable, transparent, comparative and cost effective.
Previous procurement legislation leaned heavily on racially based BEE policies that, in effect, masks empowerment to
enrich ANC-linked cadres. In short, a small class of black tenderpreneurs got really rich and continued to get richer, whilst no real empowerment reaches the genuinely disadvantaged. To make this worse, what really happens in practice, is that BEE tenderpreneurs don’t have to compete with the market who can deliver services often at least half the price. Government massively overspends on procurement.
The cadres at Treasury have become so proud of this looting system. They even came up with a fancy new business term for this overspending, which they now proudly call BEE Premiums. It does not take an accountant to understand that if the government overspends through paying BEE Premiums to elite tenderpreneurs, government has less money to spend on basic service delivery, such as hospitals, schools, social grants, roads, railways, electricity and other essential services.
The BEE procurement in this Bill, as engineered by the ANC cadres in Treasury seeks to funnel R1,1 trillion into the greedy mouths of the fat ANC-connected elite, whose hunger to eat and enrich themselves knows no limits, at the expense of those who need it the most. This Bill is nothing more than a blatant attempt to entrench corruption by the ANC-cadre mafia
network. It seeks to legally overcharge taxpayers with BEE Premiums at the expense of delivering services to the truly disadvantaged.
Today, we will witness the ANC, once again, steamroll a racist unconstitutional piece of legislation through Parliament, abusing their current 50% majority one last time before this historic election. The Basic Education Laws Amendment Bill, the NHI Bill and this racist Public Procurement Bill are at the core of why people should vote.
It is a red-alert siren that should rush voters to get out on
29 May 2024, and not only reject the ANC their racist legislation, which is designed to only enrich themselves, but to give their vote to the only party that has both a successful governing track record and a true empowerment solution.
The DA has a real alternative for BEE, and it aims to address the root causes of inequality. The DA-led government will remove the race-based BEE from public procurement and replace it with the 17 UN Sustainable Development Goals, which target
disadvantages where they exist - in education, in health care, in local communities and in virements, to just name a few.
By doing this, we can use state procurement to not just get more value for taxpayers’ money, but also to create true empowerment by incentivizing businesses to fight hunger, to build schools, to support clinics and to help save the environment. As I conclude, the black economic empowerment, as practiced by this Bill, is unconstitutional because it fails to be fair; it fails to be equitable; and it is incomparable but not cost effective. [Time expired.] The ANC’s BEE is racism, and the DA rejects this Bill.
Mr M MANYI: House Chair, let’s remind the House that this Bill is about repealing the Preferential Procurement Policy Framework Act, a very backward legislation. That outdated legislation, while purportedly progressive, inadvertently perpetuated deeper inequalities. However, the introduction of the Public Procurement Bill, though imperfect, a window of opportunity emerges for the state to not only streamline its expenditures but to internalise essential services and foster sustainable capacity for the future.
Regrettably, the current Bill’s expansive procurement definition raises concerns about continued hollowing out of the state and sterilisation of public servants’ role, potentially leaving them with only the co-ordination roles of facilitating corruption through tenders for everything under the sun. This Bill works against building the capacity of the state. We grudgingly support it though, as a better devil than the Preferential Procurement Policy Framework Act, PPPFA.
The EFF recognises the Public Procurement Bill as a battle ground for transformative change, shifting the discourse from the narrow cost efficiency to a more comprehensive understanding of value. By challenging the antiquated notions like value for money, which disproportionately benefit historically advantage entities, this Bill aligns more closely with the constitutional mandate outlined in section 217(2) of the Constitution of this country. The rejection of this Bill by the DA underscores its progressive nature ... [Inaudible.]
... the EFF commends the clear set asides for previously marginalised groups within this Bill.
The prioritisation of local procurement signifies a departure from past practices and represents an opportunity for a people
centred economic growth through fostering a climate for much- needed job creation. Looking ahead the EFF views this Public Procurement Bill as a precursor to its envisioned socialist government.
Under the EFF administration, the state intervention will rectify systemic inequities perpetuated by preceding regimes, dismantling neoliberal practices that favour capitalists. A cadre of skilled professionals will be recruited to lead the bureaucracy, incentivised by competitive remuneration packages, mass job creation through insourcing basic services like cleaning and security will be central, contrasting with ANC’s unrealistic promises of job opportunities.
The EFF pledges to dismantle the culture of wholesale outsourcing that has weakened the state under the ANC’s rule, fortifying institutions and ensuring corruption, free service delivery and accountability. This newfound capacity by the EFF will insource ambitious infrastructural projects, including the construction of quality housing, roads, schools and hospitals. Recognising the importance of maintenance, the EFF commits to a dedicated teams safeguarding state assets from
neglect in stark contrast to the ANC’s legacy of dilapidated infrastructure and inadequate services.
In essence, the Public Procurement Bill heralds transformative agenda championed by the EFF. Through strategic interventions and equitable governance, the EFF envisions a future where the state catalyses socioeconomic progress and empowerment. For now, the EFF supports this Bill as a step in that vision.
However, in the fullness of time, the EFF does not like these tender stories because tendering only introduces corruptions. It also ... [Inaudible.] ... out the state, and it does not
... [Interjections.]
The HOUSE CHAIRPERSON (Mr M L D Ntombela): Hon Manyi! Hon Manyi!
Mr M MANYI: Yes, Sir.
The HOUSE CHAIRPERSON (Mr M L D Ntombela): There’s a hand, there’s a point of order. What is the point of order, hon?
Mr A H M PAPO: I wanted to check whether member Manyi will take a question about the tender at Ekurhuleni.
The HOUSE CHAIRPERSON (Mr M L D Ntombela): Hon Manyi, would you like to take a question based on what the member is saying?
Mr M MANYI: Jaa, when I’m done, I will do so. Yes. The EFF, government will ensure ...
The HOUSE CHAIRPERSON (Mr M L D Ntombela): Hon Manyi has just indicated that he will not take the question. However, I will give him two seconds because his time is over anyway. Hon Manyi!
Mr M MANYI: The EFF government will eradicate these tender processes and ensure that the state capacity is built and to ensure that the state can deliver the basic services to the people. However, for now, we support the Bill.
Ms L L VAN DER MERWE: Hon House Chairperson, I will again make an input on behalf of my Deputy President, Inkosi Mzamo Buthelezi. House Chairperson, the current state of our economy serves as an indication that there must be sound mechanisms and legislation in place that effectively regulate state funds to ensure that the objective, which should always be to serve the people of our country, is fully met. The clear and
consistent implementation of this Bill should act as a defence against corruption and mismanagement of funds. Trades that have become the trademark of public procurement under the current ANC-led government. As corruption proposes every part of the ANC-led government, we must exhaust all options to restore the integrity of procurement processes.
The establishment of dedicated offices meant to oversee certain parts of governance has become a norm, albeit most of them being ineffective. The introduction of the public procurement office meant to regulate procurement activities within the National Treasury with the find and set functions is no exception. However, it’s uncertain whether it will be able to deliver on these goals. Public procurement is meant to promote sustainable development, job creation and provide support for small enterprises, functions that procurement processes have failed to achieve over the 30 years under an ANC-led government.
Therefore, when the IFP becomes part of government after 29 May, we will have zero tolerance for tenderpreneurs corrupt entrepreneurs, corruption in general and we will put our people first, truly empower them and make sure that we are
truly accountable to the people. That having been said, we will support this report. I thank you.
Mr S N SWART: House Chair, the Public Procurement Bill was supposed to be a response to the Zondo Commission’s damning findings of preferential procurement that contributed significantly to state capture and corruption in the state. Public procurement accounts for a significant portion of government expenditure, nearly a trillion rand and approximately 22% of South Africa’s gross domestic product, GDP. The ACDP believes that this Bill is amiss opportunity to fundamentally address the many deficiencies in public procurement. There was an expert panel of academics that came together to perform the joint strategic resources ... [Interjections.]
The HOUSE CHAIRPERSON (Mr M L D Ntombela): Excuse me, hon Swart. Hon L, could you please mute? You may proceed, hon member.
Mr S N SWART: Thank you, House Chairperson. House Chairperson, the joint strategic resources were a group of expert academics that contributed to the Bill. However, the ANC showed scant
regard for their inputs and this invaluable resource was largely ignored. In addition, the influential Harvard University’s Growth Lab that a study on South Africa, its study was called the “Growth Through Inclusion in South Africa.” It states that government will not be able to stop state failure due to a mixture of patronage, ideology and ideological gridlock, which has not been resolved by its leaders.
Now, this report found that until cadre deployment as the ANC strategy of building civil service capability is scrapped and government reconsiders the implementation of black economic empowerment, BEE, at all costs, the South African state will continue to erode. Now, the ACDP agrees with this view and the Growth Lab singles out public procurement regulations as the creator, as we know of a tender entrepreneur economy, which it says: “benefits an exceedingly narrow few at the expense of the rest of South Africa.” Therefore, this is disgraceful, and this is an influential group, the ACDP and many other people agree with this view.
Sadly, however, instead of reducing preferential procurement by state entities this Bill, in fact, contrary to illegal
advice, contrary to expert advice, has increased preferential procurement, and this is absolutely disgraceful. What we need is ethics. What we need is honesty and morality in society.
What we need is servant leaders who understand stewardship of state resources and you are not there as ANC cadres to loot and steal state resources. These are candidates that the ACDP offers, and the ACDP would like to emphasise that we do not support this Bill. I thank you.
Mr C MDLETSHE: House Chairperson, the NFP notes the report of the Standing Committee on Finance on the Public Procurement Bill. From the onset, we must say that we fully support the Bill. The preferential treatment framework was the major concern in this Bill to many stakeholders, but the reality of the socioeconomic living conditions of the majority of the people of South Africa require the existence of the preferential treatment.
How we have arrived at that preferential treatment framework, will be a matter that needs all South Africans to agree upon. Unfortunately, even if this was the case, the administration function of government failed this country every day in how it
could administer or effectively implement an unbiased preferential treatment of public procurement.
With that said, we believe that more work is needed to create a conducive environment to implement the Bill. Hence, we share the sentiments on the inclusion of clause 68, which requires the department to conduct a review of the Act, 24 months after it is promulgated and taken to the National Economic Development and Labour Council, Nedlac, for stakeholder inputs.
We welcome the progressive nature of these provisions in terms of using the public purse for transformation purposes and to seek redress for the imbalances of the past. We also do acknowledge the chapter 4 of the Bill deviates from the principles of fair, equitable and competitive procurement system as envisaged in the Constitution, which requires these values to be respected.
In conclusion, the NFP believes that without the empowerment of historically disadvantaged, racial polarisation will deepen, widen and threaten the stability of South Africa.
IsiZulu:
Siyafuna ukusho, Sihlalo, ukuthi njengeqembu siyaweseka lo Mthethosivivinywa ngoba sibona ukuthi unobulungiswa. Ukuze kube nokuhlomula kwabantu abampisholo ababekwe eceleni imithetho kaHulumeni omdala, kufanele sonke silwele ukuthi abamnyama bayahlomula kuHulumeni wabo. Izinguquko ezifuze lezi eziphakanyiswayo ziyokwenza ukuthi kube lula ukuthi izingqinamba nemigoqo ebikhona iyasuswa.
Ngakho siyaweseka ngokugcwele lo Mthethosivivinywa futhi sizoqinisekisa ukuthi akukho futhi okuyoma endleleni yokuphikiswa kwawo. Sinxusa abavoti ukuthi bangalenzi iphutha lokuvotela amaqembu aphikisana nemithetho efana nale ngoba kusho ukuthi lawo maqembu awanandaba nomuntu omnyama.
Ngiyabonga, Sihlalo.
Mr M G E HENDRICKS: Thank you very much, hon House Chair. The three greatest threats to our democracy is the General Intelligence Laws Amendment Bill and Basic Education Laws Amendment Bill, and now this Bill. With regard to the General Intelligence Laws Amendment Bill, there had been attempts to strengthen civilian oversight so that South Africa does not become a country that tortured people worse than the apartheid
government. So, Al Jama-ah is calling for more civilian oversight, which is not in the last two Bills that I mentioned. The Al Jamah-ah will abstain from voting on this Bill. Thank you.
Ms M D MABILETSA: Thank you, hon Chair. In 2021, during an engagement with SMMEs and the co-operatives, President Ramaphosa highlighted that in South Africa, while 95% of formal businesses are SMMEs, they make a far smaller contribution to employment and GDP. If we are to achieve the goal of the National Development Plan for SMMES, to create at least 90% of the targeted 11 million new jobs by 2013. We need to pay far closer attention to the developing small businesses.
The mandate of the ANC-led government is to respond to the legacy and imbalances created in the past, to deracialise the South African economy through the radical socioeconomic transformation process. This can only be achieved through structural transformation and the proliferation of small- and medium-sized enterprises, particularly in highly concentrated sectors, to enable our economy and to addresses challenges of social reproduction by enabling an environment, whereby SMMEs
will create the envisaged 11 million jobs by 2030, as enshrined in the NDP.
The apartheid state has left the country with an economy characterised by excessive levels of poverty that it has left, as well as the lack of participation by all South Africans.
The apartheid regime actively promoted national champions in different sectors; developed industrial state-owned enterprise; monopolised agricultural co-operatives and were later privatised; and condoned industry cartels in its efforts to promote self-sufficiency in the economic interest of a minority.
This era, also saw the emergence of a few conglomerate holding companies that held investment in businesses across much of the economy, resulting in the excessive concentration of wealth on the Johannesburg Stock Exchange. Many of these were enabled by the state through its regulatory and procurement regime.
In the South African context, concentration is of particular concern because it is generally not associated with efficient forms of concentration, but rather efficient forms. This is
because the economy inherited a concentrated market structure from the apartheid era, with entrenched leaders that remain dominant today. Inefficient concentration is seen to impose a structural constraint on growth. It is also associated with a lack of transformation of the economy, denying opportunities to those that were historically excluded to participate and grow their share of economic value.
The skewed economic structure in South Africa is evident from the fact that amongst tax paying firms, SMMES contribute only 24% of total spent turnover, given that SMMES generally are more employment intensive in comparison to large firms, with tax paying of formal sector firms contributing 38% of employment in South Africa. The skewed economic structure will also constrain employment generation to contribute to household inequality.
While 95% of firms are SMMEs, the majority of which are micro banks, together they only accounted for 24% of turnover. In contrast, large firms make up to 5% of all firms, yet comprise 76% of total turnover. This is in stark contrast with other developing countries, where SMMES make up to 99% of businesses and generate between 50% and 60% of value add. The vast
difference shows how concentrated and inevitable the South African economy is.
This further demonstrates the extent to which government, which is the biggest procure of goods and services in the economy, is queued to favour big businesses. In South Africa government spends almost R1 trillion on the procurement of goods and services annually. The share of turnover of the largest 10% of firms was on average at 85% of turnover in South Africa, with the bottom 50% of firms which are all SMMEs, receiving a share of only 1,6% of total economic turnover.
Together, these measures suggest high levels of inequality in firms’ turnover across the South African economy. To correct these high levels of firm inequality and concentration in the economy, the ANC-led government has identified public procurement as a lever that will enable improved access for all - for small and medium enterprises to opportunities - thereby promoting local economic activities and creating jobs, particularly for those historically excluded from the economy: The women of this country, who have suffered triple oppression; the African youth, who are largely excluded from
participation in the economy and feel disillusioned; and people with disabilities who are most vulnerable.
The Bill sets aside preferential access to government businesses opportunity for black businesses and developmental opportunities for SMMEs. In giving practical effect to our industrial and localisation policies to drive structural transformation to this end, the Bill provides for set-aside allocation of construct, for good manufactured in South Africa and services that are provided by the citizens of South Africa.
This is part of the ANC’s continued efforts to transform the laws and policies of South Africa to empower black people to own money and productively participate in the economy. This critical intervention will assist South Africans in moving on to a more inclusive growth path, acknowledging that for growth to be inclusive, it must combine growing GDP per capita with increasing levels of employment of ... [Time expired. Thank you. We employ all South Africans to vote for the ANC.
Sepedi:
Le tla re ge le eya kua la bona ka di ... [Tsenoganong.]. Ge le fihla gona kua ... [Tsenoganong.]
English:
Question put: That the Report and the amendments on the Bill be agreed to.
Motion agreed to (Democratic Alliance, Freedom Front Plus and African Christian Democratic Party dissenting).
Bill, as amended, accordingly passed.
The Bill will be sent to the President for ascent.
CONSIDERATION OF RECOMMENDED NOMINEES TO SERVE ON ELECTORAL REFORM CONSULTATION PANEL.
Mr M S CHABANE: House Chair, hon members, we present to this House the Report of the Portfolio Committee on Home Affairs on the Matters of the Establishment of the Electoral Reform Consultation Panel, table before this House by the Minister of Home Affairs and refer to the portfolio committee for deliberations and consideration. Section 23(1) of the
Electoral Act provides that within four months after the commencement of the Electoral Act, the Minister of Home Affairs must establish electoral reform consultation panel.
It is further provided in subsection 2(a) that the functions of the panel are to independently examine the current electoral system that sustain our democracy over 30 years, investigate, consult, report on and make recommendation in respect of the potential reforms of the electoral system for elections of National Assembly and provincial legislatures, post 24 national and provincial elections. This will create an opportunity to compare our current electoral system with other electoral systems across the world.
On the 12th of December 2023, our consultation with the Independent Electoral Commission, IEC, the department published a fresh notice calling for members of the public or interested parties to nominate fit and qualify South Africans to serve as members of the panel as per the resolve of the portfolio committee.
Following nomination received from these notices, the Minister consulted with the IEC on the 24th of March 2024 to consider the names of the recommended nominees to serve on the panel.
House Chairperson, in our last presentation to this House, we detailed the requirements set to qualify as a member of the panel. Minister reported that they have received 32 nominations from the from the public of men and women in their experience, skills in matter related to the elections, constitution and other related expertise aligned with the electoral matters.
After fruitful deliberations on the 14th of May 2024, the committee adopted the following nominees’ candidates to be considered for the establishment of the panel by this House;
Ms Faith Pansy Tlakula, Ms Mooki, Ms Dlamini, Adv Sizani, Dr Sutcliffe, Mr Mamabolo, current Chief Executive Officer of
IEC, Mr Hedrickse, Mr Du Plessis, and Dr Schoeman.
House Chairperson, given the involved work of the panel, the committee approved the Minister’s recommendation for full time, head of secretariat, whose advocate, Richard Susan, who will work closely with Miss Fatima Cohen and Mr Thembinkosi
Josopu. We present this report the adoption by this House. Thank you.
Declarations of vote:
Mr A C ROOS: House Chairperson, the DA has a vision of an open opportunity society for all, where your path in life is not determined by the circumstances of your birth, your material or demographic circumstances, your political party affiliation, your closeness to political power, but rather by your talents and your efforts.
The nine names put forward to the electoral reform panel by the Minister in consultation with the Independent Electoral Commission, IEC are packed with government employees, past and present tainted former IEC officials and all inclusions with no election experience. Worthwhile exceptions are Miss Priscilla Dlamini, Mr Sy Mamabolo and Dr Albertus Schoeman, whose inclusion is supported by the DA.
The DA notes that its objection to the report is not included in the report, and we categorically object, because in putting forward the rest of the names for the electoral reform panel, the ANC-led government shows that they believed in a closed
crony society. Where government cadres decide what’s good for you and secondly, that they don’t give a damn what the rest of society thinks.
The list starts with a tainted former IEC official who, to quote the Electoral court:
Compromise the independence and integrity of the Commission to such an extent that her actions constitute misconduct within the meaning of the Electoral Commission Act.
It is conduct that renders her unsuitable for office of a commissioner and destructive of the very values of the Commission. Who completely escaped accountability by resigning and being rewarded with lucrative appointments and now tasked with the designing an electoral system to bring greater accountability.
Now why choose these candidates when you have the likes of Terry Tselane amongst the nominees, he is the Executive Chairperson, Institute of Election Management Services in Africa, Executive Board Member and Senior Advisor to the
Association of World Election Management Bodies and has IEC experience. Being the former Deputy President or Chairperson of the IEC and former Commissioner of the IEC.
The rest of the committee agrees, but the ANC goes with the one destructive of the very values of the commission. Now, with every single piece of electoral legislation in this current Parliament that is passed under a cloud of unconstitutionality. And you missed the opportunity to appoint Justice Kriegler, former Chair of the IEC and Constitutional Court Judge, to the panel.
Instead, you appoint an advocate with no discernible electoral experience. Appointed to the Public Service Commission by Jacob Zuma and who left in 2022 after a scandal, great choice.
You have the opportunity to bring the analytical skills of Michael Atkins, an independent and expert analyst, on ... [Inaudible.] ... and other related formulas. Perhaps what counts against Mr Atkins is that he highlighted that the new seat recalculation system proposed by the ministerial advisory committee, MAC, members that are nominated to this panel,
resulting in the ANC receiving the majority of any surplus votes for candidates and smaller parties who don’t get a seat.
They try to hide this by using small numbers as examples. In 2024, every single vote will count. Instead, you appoint one of the persons who came up with the system, Norman Du Plessy, as a reward for his services to get the ANC seats on the back of votes for smaller parties and candidates.
Then you have the current IEC employee rather than the candidate of the calibre of Joyce T T Pitso. Who not only worked at the IEC for several years in the 1990s but brings private sector election technology experience and elections experience across Africa in various roles, including United Nations Development Programme, UNDP, supporting election initiatives.
In rejecting the candidates from the private sector and civil society, the ANC shows that the idea of a whole of society approach is just lip service. In overlooking Miss Letlhogonolo Mpho Letshele, a young and dynamic voice from civil society, the ANC shows that the voice of the youth is unimportant, a University of Johannesburg, UJ, academic she worked at the
Electoral Institute for Sustainable Democracy in Africa and as an electoral researcher for most of her career. Perhaps it is not her youth that counts against her, but the fact that she currently works at Open Secrets, a thought that probably terrifies the ANC.
We need a whole of society approach to rescue South Africa from this mess. The open opportunity society is worth fighting for, it is worth hoping for, it is worth voting for. We need to unite behind the only party big enough to challenge the ANC on the 29th of May, to put an end to this closed crony society and bring an open opportunity society for all, where different sectors in our vibrant and diverse society can all contribute to rescue South Africa, rally behind the DA ... [Interjection.]
The HOUSE CHAIRPERSON (Mr M L D Ntombela): Hon member, hon member, could you please ... hon member, I was wanting you to take a seat, but I said your time is up anyway. The bell has saved him hon Dyantyi. The bell has saved him.
Mr Q R DYANTYI: Yeah, but I think it will be proper to record this.
The HOUSE CHAIRPERSON (Mr M L D Ntombela): Ok.
Mr Q R DYANTYI: Because I rise on Rule 88, which speaks about the reflections upon judges and certain holders of public office. Because I’ve raised my head before he sat down. He is casting aspersion on the members of the IEC, which is wrong, and they know it.
The HOUSE CHAIRPERSON (Mr M L D Ntombela): Ok, thank you. OK. Thank you. Thank you, Mr Dyantyi, exactly that is not acceptable. It should not happen. Thanks for having raised that hon Dyantyi. It should not happen hon members, it should not happen. Yah, it should not happen. I would request the EFF to make a declaration.
Mr T MOGALE: House Chairperson, the EFF rejects this panel, because it is not demographically representative of the people of South Africa. Only three out of the nine nominees are women, and there’s no young person, there are no people living with disabilities who are nominated to form part of this panel.
The EFF will never support anything that does not include women, who constitute a significant majority in our society. The electoral reform panel is tasked with the serious work of looking at the ways, and various ways, we can improve our electoral system.
The EFF will pay close attention to the work of the panel because we have noted the concerted efforts of certain interest group whose ultimate goal is to gain control of our electoral system, who fragments the black vote and to weaken majority rule in South Africa.
Among the names that the Minister has recommended to serve in the electoral panel, is the controversial name of Pansy Tlakula, who was forced to resign from the IEC in 2014 under a dark cloud because of the findings of the public protector against her.
Adv Tlakula, was also the vice chancellor at Vaal University of Technology, VUT in 2014, when the EFF paid to use VUT to hold its first national people’s assembly, and the institution later released all the agreements because of political pressure.
Adv Tlakula, never said anything when all this was happening under her watch. We are surprised that the Minister opted for a morally and ethically compromised individual like Adv Tlakula and left out suitably qualified individuals like Mr Terry Tselane.
When we asked the Minister during committee deliberations on why he had left out suitably qualified individuals like Mr Terry Tselane, he responded arrogantly by saying all nominees are qualified. It seems that the Minister was more focused only on academic qualifications of the nominees and turn the blind eye on the ethical and moral qualifications, which is far more important.
Among other things, that the electoral reform panel must look into is the synchronization of national, provincial, and municipal elections, the automatic inclusion of all South Africans of voting age into the national voter’s role and the lowering of the voting age to 16 years.
The EFF believes that by synchronizing elections will significantly reduce the cost of rally elections and also increase voter turnout. The FF believes that we must do away
with the lead for registration in order for people to vote. Each and every South African citizen of voting age must automatically be included in the voter’s roll.
The IEC spends a lot of money on voter registration, but our voter’s role still excludes a significant number of people who are not registered to vote.
Furthermore, we believe that the voting age should be lowered to 16 years. It is young people of this country who liberated this country from the clutches of apartheid. Many of them were learners below the age of 18. If young people can make such a profound contribution to our struggle and pay the ultimate price for it, why do we exclude them from choosing a government of their own choice, based on their age? Thank you.
Ms L L VAN DER MERWE: Hon House Chairperson, even though some progress was made towards electoral reform, South Africans and civil society felt that more had to be done to ensure a political system that is truly accountable to its people. And so, it was agreed that an independent electoral reform - and I want to emphasize that independent panel - be tasked with
investigating electoral reform and coming up with proposals in this regard.
Before us, are the names of those who serve on this panel. We are essentially being asked to rubber stamp an ANC wish list today. There is no doubt that some very capable individuals have been nominated, such as Mr Sy Mamabolo. However, one must question where Mr Mamabolo will find the time to meaningfully participate in this panel, considering he is also the chief executive officer, CEO, of the Independent Electoral Commission, IEC. The reality is that amongst the candidates we have individuals with zero experience in electoral reform.
It contains the name of a former ANC Member of Parliament and a former ANC KwaZulu-Natal Member of the Provincial Legislature, it is IEC-heavy, two current officials and two former officials have been nominated. It has zero representatives from civil society. It contains the name of the former chairperson of the IEC, Advocate Tlakula, who was tainted by a public protector report against her.
Chair, as much as it is about the names that are before us today, it’s also about the names that were excluded. Notable
omissions are the following: Mr Lawson Naidoo, a constitutional law expert; Mr Michael Atkins, an independent elections expert; Mr Terry Tselani, an elections veteran whose work on elections management spans decades; Ms Joy Pitso, who has monitored elections across Africa and has election technology expertise; Ms Mpho Letsele, an electoral system researcher at My Vote Counts, a young female who holds a master’s degree in politics. She was rejected simply because she represents a civil society organization that the ANC doesn’t like. The ANC thereby also rejecting a young, vibrant candidate. One could argue, therefore that the process was flawed. It was unnecessarily delayed. No proper consultation and no interviews took place. We missed a real opportunity to bring on board new ideas, fresh blood, young people, independent experts, and civil society. So, the independent electoral reform panel is not so independent after all. It is simply, again, a recycling of cadres that have served in various positions before. It is our view that this process must be deferred to the Seventh Parliament to be restarted so that we can do justice to the process.
As part of an IFP incoming government on 29 May, we will make sure that we lead a process to ensure true and meaningful
electoral reform. The IFP will bring to power leaders who are ethical and truly accountable to the people. We will install a government of the people by the people for the people. The IFP cannot support this report. I thank you.
Mr W W WESSELS: Hon Chairperson, when a governing party starts losing power, it gets some urgency to change an electoral system, and that we have seen in history around the world and in South Africa in the previous regime. But the current government and governing parties are doing the same and this electoral reform will not be independent, and this panel is not independent. We reject this report and the proposed names. I thank you.
Mr S N SWART: House Chairperson, the ACDP has taken note of this report and the names nominated. Whilst we do not wish to cast any aspersions on the IEC, it does raise the question as to why so many former and present IEC Commissioners and staff have now been nominated given a large number of experts available in the country, and one has names such as Mike Atkins, Lawson Naidoo, and others. When one sees the insertion of an advocate who has no electoral experience and other such members, then it does raise the question as to whether this is
the best electoral reform consultation available, and the ACDP questions this. We also are concerned, given the fact that this panel will be hard-pressed to complete its work within 12 months of this month’s elections, you would then expect that the best possible people will be nominated for the position.
One also considers that it appears this is largely a duplication of work previously done and that the ANC government did not make use of the ideal opportunity for real electoral reform as recommended by its own Ministerial Advisory Committee on Electoral Reform when the Electoral Amendment Act was passed. Then, this raises several questions.
The ACDP believes that this is a duplication of various processes, including the Electoral Reform Report of the Van Zyl Slabbert Commission, parts of the Motlanthe High-Level Panel Commission, parts of the Zondo Commission report, and the Ministerial Advisory Committee on the Electoral Reform itself. So, in our view: firstly, the nominees to the Electoral Reform Consultation Panel have much to be desired; and lastly, we believe this is a duplication and a waste of money, although it is required by the statute. We will, as the ACDP, not support this report.
Mr C MDLETSHE: Chairperson, the report of the Portfolio Committee on Home Affairs is welcome despite some great areas that pose a challenge going forward. During the preparations for the process of recruiting fit and proper persons to be part of the panel, the NFP noted the following: Firstly, the committee raised the concern that the Minister had missed the deadline to establish the Electoral Reform Consultation Panel, and there was no clear communication to the committee by the Minister; secondly, the list of names did not meet the demographics of South Africa, and people who had not submitted their CVs should be contacted to request their CVs; and lastly, the least lacked representation of women and young people. In the report by the Minister, it was indicated that only four females were nominated. The process of public nomination should be reopened to attract more females, young people, and persons with disabilities. The list of names that was sent to the committee by the Minister lacked relevant skills, expertise, and experience. The committee was concerned about the extra criteria that were agreed between the Minister and the IEC, which was not part of the legislation. Based on the points mentioned earlier, the NFP would like to support the portfolio committee’s recommendations. The department and the IEC should reconsider opening the process to allow members
of the public, and any interested parties to nominate suitable South African citizens to be members of the panel. After the 2024 elections, the Minister must adhere to the timeframe set by the legislation. Within 12 months, the panel should submit a report to the Minister of Home Affairs outlining potential electoral reform options for the National Assembly and provincial legislatures. As stipulated in the Act, clause 23 requires that within four months after the commencement of the Electoral Amendment Act of 2023, the Minister must establish the Electoral Reform Consultation Panel. The Act was gazetted on 17 April 2023 and took effect on June 2023. Technically, the panel should have been established by 19 October 2023. As we understand, the panel has not yet been established and the elections are within a couple of days. Will the panel be established by then? We hope it will be established, Chairperson. Thank you.
Mr M NYHONTSO: Hon Chair, the PAC supports this panel. Thank you very much, Chair.
Mr M G E HENDRICKS: Thank you, hon Chair, we congratulate the Minister he has submitted names of the panel to this House because we cannot delay the transformation that is much needed
and recognized by the courts. We also would like to say that while many hon members have said that this is old wine in new bottles, we must make sure that the independent panel consults the youth. I’m talking about youth under 20, not their big brothers and sisters who are no longer the youth. Also, women. More women need to be consulted so that we can continue to have a fair presentation of women in all three spheres of government. Al Jama-ah will support this report. Thank you.
Mr K B PILLAY: The ANC welcomes and supports the adoption by this House, the report of the Portfolio Committee on Home Affairs, and the establishment of the electoral Reform Consultation Panel by the Minister of Home Affairs. As the ANC, we are unwavering in our commitment to the strengthening of our democratic system that, amongst other things, should ensure that the people shall govern. In saying that, the people shall govern, we hold firm that the people of our country will participate in the affairs of our nation, both at the level of electing their representatives or being elected as representatives of the people in Parliament and legislatures. Citizens of our country should be able to elect public representatives of their choice who would represent their constituencies in the different legislatures.
Consistent with the principle that the people shall govern, we firmly believe that the Electoral Reform Consultation Panel will be guided by this principle as it navigates with its work and task ahead. Once more, the ANC government has proven that it listens to its people and promotes the participation of South Africans in its law-making processes and decision- making.
During the public hearings on the Electoral Amendment Bill, the portfolio committee touched every corner of our rainbow nation, taking seriously the participation and contribution made by ordinary citizens. It was this process of public hearings, deliberations, and engagements within the portfolio committee and further deliberations at the NCOP that encouraged the clause of setting up an Electoral Reform Consultation Panel by the Minister, which will be tasked with undertaking extensive consultations, engagements, and research on the possible reform of our electoral system.
As a committee, we have considered the report by the Minister on more than one occasion, and we must applaud the Minister for heeding our call and implementing our resolution that the notice and call for nominations of candidates to form part of
the panel be advertised. This was to ensure that the panel should be reflective of our demographics and that it should consider the inclusion of women and young people. What is important and worth noting is that the process has been transparent and that all nominees had an equal opportunity at being shortlisted.
We are pleased that the nominated candidates reflect our demographics and have the inclusion of women and young people. Dr Schoeman is 33 years old. Is he not young enough? We must appreciate the people of South Africa who took the time to respond to the call for nominations and nominated candidates. We wish to thank and appreciate all candidates who accepted the nomination to be part of the panel. As with any process, panel, or committee, there will be a wealth of knowledge and while every nominee brings in their own experience and skill, it is just not possible to appoint all nominated candidates despite their diverse and strong CVs.
Sadly, the DA and IFP will come to this House and question the inclusion of the IEC but during committee deliberations, they motivated for the inclusion of members of the IEC on the panel. The nominated candidates are South Africans who hold
distinct qualifications, knowledge, skills, and experience with matters of elections, the Constitution, and our laws.
We are confident that the nine nominated and recommended candidates to serve on the Electoral Reform Panel are men and women who are fit and proper and meet the requirements to be on this panel. The panel, which will be given a very difficult task, will assist in the process of electoral reform in our country. We encourage the nominated candidates to serve the people of South Africa during this process without fear, favor, or prejudice. It is also important to appreciate that in its process of assisting with the electoral reform, the panel will consider comments, presentations, and participation of South Africans from all walks of life. This will include the participation of civil society, academia, and all other interested stakeholders. We encourage all South Africans to take an interest in the work of the panel, ensuring that there is maximum participation at various levels to ensure that in the end, we have all contributed meaningfully to the recommendation or development of an electoral system that the people of South Africa so desires for the future.
The ANC supports the report of the Portfolio Committee on Home Affairs and the establishment of the Electoral Reform Consultation Panel. Don’t forget to vote for the ANC on 29 May.
Question put: That Ms F P D Tlakula, Ms M Mooki, Ms T Pricilla Dlamini, Adv R K Sizani, Dr M O Sutcliffe, Mr P S Mamabolo, Mr M A Hendrikse, Mr N du Plessis and Dr A Schoeman be recommended to serve on the Electoral Reform Consultation Panel.
Question agreed to (Democratic Alliance, Freedom Front Plus, Inkatha Freedom Party, and African Christian Democratic Party dissenting).
Ms F P D Tlakula, Ms M Mooki, Ms T Pricilla Dlamini, Adv R K Sizani, Dr M O Sutcliffe, Mr P S Mamabolo, Mr M A Hendrikse, Mr N du Plessis and Dr A Schoeman accordingly recommended to serve on the Electoral Reform Consultation Panel.
Business was suspended at 12:58 and resumed at 14:00.
CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS ON THE RIGHTS OF OLDER PERSONS IN AFRICA
There was no debate.
Setswana:
Moh J MANGANYE: Modulasetilo, ke lebogela sebaka se o mphang sona. Ke leboga maloko a Ntlo e ba ba leng mo Ntlong le ba ba leng mo ...
English:
... virtual platform.
Setswana:
Rona rele ba Komoti ya Tlhabololo ya Setšhaba, re ile ra sekaseka Tšhata e e bolelang ka ditshwanelo tsa maAforika ka bophara, eseng Aforikaborwa fela. Re bua ka Aforika ka bophara. Re ile ra di sekaseka, ra bona di le maleba re le komiti, re be ra di atlenegisa gore kajeno fa re le fa, re be re kopa gore Ntlo e gore e di amogele. Tšhata ena ya African Union e mabapi le ditshwanelo tsa batho ba bagolo ba eleng gore ka tshwanelo ga ra tshwanela gore ke batsofe. Re
tshwanetse re dirise lefoko le le tshwanetseng ka gonne le fa ba godile, ba nale ditiro tse ba kgonang go di dira.
Ka jalo, re kopa Ntlo e gore e e atlenegise. Leeto le le nnile le telele go tloga ka 2012 go fitlha ka 2016. E sa kgonege gore Tšhata e ya ba ba leng mo dingwageng tsa botsofe, ba sa kgone gore ba ka e diragatsa, ba ba e eteletseng ko pele.
Ditlamatlamelwana tse tsa tsamaiso tse, di atlenegesitswe ke Mokomišinara wa African Union jaaka tsamaiso ya ditshwanelo tsa batho le batho bao ba diragatsang kgotsa bao dingwaga tsa bona di leng mo seemong se se supang gore ke batsofe. Ka lereo leo re le tlwaetseng.
Modulasetilo, re fano fa rele maloko a komiti kana kere rele maloko a a kgethegileng a Ntlo e, re tlile mo go lona ka ntlha ya tshwenyego e re ntseng re bua ka yona fa ka gore le utlwile fa kere Tšhata e e tsere nako e telele gore re fithe fa re leng fa teng fa. Gore e diragatswe ka botlalo, go tshwanetse ga nna le naga e e ka dirang ya bosome le botlhano, ka gonne gone yaanong, di some le bone. Mme fa dile some le bone, re ka se kgone go dira molao ka botlalo.
Gore molao o o kgone go diragatswa ka botlalo, re tshwanetse ra be re nale naga e re ka reng e tlhola foramo ya gore re ka kgona go fetisa dilo tse. Mabakakemo a komiti ya katlatleloloago ke gore Ntlo e e amogele tsamaiso e jaaka re dirile jaaka re kopa. Mme katlanegiso e fa re e diragaditse, e tla dira gore ka gore maloba mo bekeng e e fetileng, ne re eme fa re le komiti ya katlatleloloago re mamatlarela molao wa bagodi.
English:
Furthermore, in appreciation of the heterogeneous nature of our older persons, the protocol advances for particular hon older persons living with disabilities. So, I’m pleading to this House based on hearing what this last sentence was saying. As a country with the history of oppression, South Africa is concerned about the rights and dignity of all the people, irrespective of parties, but all the people.
Therefore, by rectifying the protocol, South Africa has an opportunity to strengthen existing legislation and affirm the aspiration of the African continent of ensuring that all older persons have guaranteed rights which covers areas of their mental, emotional, spiritual, physical well-being and so forth.
Setswana:
Jaanong rele maloko, re a le kopa ba Ntlo e gore a re atlenegise molao o. Le a itse gore re tswa ko seemong se re neng re gateletswe. Jaanong, rona ba re itseng kgatelelo, re tshwanetse re dire ka natla gore melao e re e fetisang fa, re kgone gore re e diragatse. Baagi ba rona batle ba boelwe ke seriti sa bona. Ke a leboga Modulasetilo.
Declarations of Vote:
Ms A L A ABRAHAMS: House Chairperson, this protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons in Africa was finalised and adopted by the Commissioner of the African Union on the 31 January 2016, eight years ago. And while some countries like Sierra Leone and Zambia signed this protocol in 2016, South Africa still had not. In fact, the committee learned that South Africa is the last country in the SADC region to sign, ratify and domesticate this protocol.
The protocol makes mention of eight points, which all African governments must urgently institute to improve older persons quality of life. This includes access to regular income, equitable distribution of resources and employment
opportunities, access to appropriate health services, access to basic social services such as food, water, clothing, and shelter, access to good care and support from the family, the state, civil society and private organisations. The recognition on the contribution towards the care of older persons with Aids and orphans, and respect and recognition of the role and contributions that older persons play in society, and the recognition of their special needs in emergency situations.
Sadly, South Africa is already failing in this regard. After listening to the plight of older persons during the public hearings on the Older Persons Amendment Bill, these eight points are not being accomplished. Allow me to make an example with regard to the access to regular income. Everybody in this Parliament gets their salary on time and we can plan our lives accordingly.
Sassa beneficiaries, on the other hand, the most vulnerable living from hand to mouth, are left in the lurch on numerous occasions due to never ending system glitches in the payment of old age grants. This means older persons are left with two options. That they leave their Sassa cards by moneylenders or
go to bed hungry, not knowing when they will receive their grant because Sassa’s multimillion call centre never picks up the phone. Out of sheer desperation, they continue to sleep outside Sassa offices, still traumatised after being water cannon by SAPS. Where is their human rights and dignity in that?
Now, I do not expect that ANC to fully comprehend what it means to survive of R2 180 per month, especially when the previous Minister for Social Development, Bathabile Dlamini, pleaded with the courts to be lenient on her, as she only survives over a R110 000 per month. The audacity to knock on the doors of South Africans who don’t know where their next meal is coming from, dripping in designer ... [Inaudible.] ... worth hundreds of thousands of rands. So void of reality, are the ANC comrades.
This AU protocol speaks of employment opportunities. The recent release of the quarterly labour force survey for quarter one 2024, shows that our unemployment rate stands at 32,9% for quarter one. This is an increase of 0,8%, which has resulted in another 330 000 South Africans losing their jobs in the last three months. Three hundred and thirty thousand
families adversely affected by failed ANC policies. There are born frees who will never know or never have the dignity of work, and if we carry on this trajectory, they will remain unemployed, surviving off the welfare system their entire lives.
The National Health Insurance, NHI fanfare, which took place yesterday, is the dying ANC’s last carrot. So desperate to cling to power that the ANC will put every citizen’s life in danger by misleading the public on the disastrous impact NHI will have on a crumbling healthcare system. NHI will not see point three of this ailing protocol access to appropriate health services achieved. The older persons who told this committee that they are lucky if they got two panados at a clinic, while with NHI, it will be a miracle if those rural clinics will even have panados to give at all. The optical with implementation of ... [Interjections.] [Inaudible.]
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon Abrahams, could you just take a seat please. Hon Van Dyk, you are interrupting your own member who is on the podium. Please mute your microphone. Please continue, hon Abrahams.
Ms A L A ABRAHAMS: Chairperson, the optical for the implementation of this protocol as well as the older persons act remain unfulfilled critical vacancies in Department of Social Development, government’s inability to fund and employ more social workers and significant budget cuts to NGOs. Under the uncaring ANC government, there is little hope that many older persons will experience their basic human rights and dignity as enshrined in South African Constitution, and this AU protocol before they depart this earth.
In the words of President Cyril Ramaphosa, as he was sitting in front of the people’s Parliament and national key point, literally on fire two years ago said: “We do have one city that works. A province that works”. And in case if there’s any confusion, he was referring to the City of Cape Town and the Western Cape government, under a DA government. By the President’s own admission, the Western Cape works, and now it is time to rescue South Africa and get it working too. [Time expired.]
Ms L L VAN DER MERWE: Hon House Chairperson, before us for consideration is a protocol that was passed by the Sixth Ordinary Session of the AU on 31 January 2016. One can only
speculate as to why our government would now suddenly want to ratify a charter that's more than eight years old. Or maybe it's just as simple as that we are being led by an uncaring ANC government that doesn't care for the elderly. Moreover, charters are often just mere pieces of paper; noble intentions at best. For example, this charter calls on government to do the following. Let me just highlight a few points: Ensure the preferential treatment in service delivery for older persons; guarantee the rights of older persons to access health care services that meet their specific needs; state parties will provide opportunities for older persons to have access to education and to acquire information technology, IT, skills.
All wonderful proposals but none of these provisions are currently being met by our government, nor will we be able to meet them financially in the near future under an ANC-led government which has stolen from the poor through endemic corruption. This then begs the question as to why we are assenting to a charter whose provisions we cannot meet.
Let me give you another example. One provision reads, adopt policies and legislation to provide incentives to family members who provide home care to older persons. Yet, the Department of Social Development is currently overseeing a
full-scale nongovernmental, NGO, funding crisis, which will put the elderly on the street and render them homeless if NGOs are forced to close their doors. So, instead of providing incentives to families or NGOs, we are instead punishing those people who provide services to the elderly. Maybe the Department of Social Development should first have focused on getting the basics right before rushing to sign a charter; basics such as making good on their promise to employ all social workers that have been trained by the state and resolving the NGO funding crisis.
Cur country’s women, children and older people need a government that will not only acknowledge their needs in an election year. They need a selfless government whose aim is to serve its citizenry. The IFP will be that government. We pride ourselves on the principles of servant leadership. The IFP stands ready to instil a leadership of integrity into government. An IFP administration will put the elderly, the infirm and the vulnerable first. We will employ social workers and fix the NGO crisis. That having been said, we will support this report, and please go and vote IFP on 29 May 2024. I thank you.
Dr W J BOSHOFF: Hon House Chair, I will be reading this on behalf of my colleague, hon Breedt. On 17 December 1998, former President Nelson Mandela, when announcing the International Year of Older Persons, said:
Today we should acknowledge their role in making our country what it is today. Their sweat and blood laid the foundations of our democracy and built the infrastructure for future generations. A society that does not value its older people denies its roots and endangers its future. Let us strive to enhance their capacity to support themselves for as long as possible and when they cannot do so anymore, to care for them.
Afrikaans:
Verlede week het ons die Wysigingswetsontwerp op Ouer Persone goedgekeur, ’n wet wat die beskerming van ons bejaardes daar stel, ’n dokument wat volgens baie lankal reeds noodsaaklik was. Dit is skrikwekkend dat in die jaar 2024 ons steeds wette en protokolle moet goedkeur om die basiese regte van ouer persone uit te spel en te beskerm. Hierdie konvensie bepaal onder andere dat bejaardes toegang tot besorging, maatskaplike dienste, onderrig, gesondheidsorg en ander vorms van
ondersteuning behoort te hê. Dit bepaal ook dat hulle beskerming teen diskriminasie, uitbuiting, konflik en ramptoestande moet geniet. Ek sou dink dat hierdie voor die hand liggend is en vind dit kommerwekkend dat ons ’n konvensie moet teken wat regerings verplig om die bogenoemde in plek te kry. Verlede week het die V F Plus gewaarsku dat, sou die ANC nie daadwerklike stappe neem om die verknorsing waarin bejaardes hulle bevind aan te spreek nie, ’n stukkie papier niks sal beteken nie.
English:
Signing and ratifying this protocol will apparently strengthen the multilateral and international measures created in Africa for the safeguarding of the interests of older persons. In addition, it will demonstrate South Africa's commitment to human rights in this area, while also providing further impetus to the consolidation of the protection of the rights of older persons domestically. More pretty words that mean nothing without action.
Pentti Linkola, a prominent Finnish writer and environmentalist, is quoted as saying, “One of the insanities
perpetuated by the frenzied times we are living in is the trivialisation and marginalisation of the elderly”.
Afrikaans:
Ons kan nie bekostig om ons nasiebouers te marginaliseer en teen hulle te diskrimineer nie. Wette en konvensies het egter nie verander nie en ons bejaardes sal onder ’n ANC regering aanhou vertrap word. Die enigste uitweg vir die ware beskerming van die regte vir ouer persone is om op 29 Mei van die ANC ontslae te raak. Stem vir die beskerming van regte.
Stem vir verandering. Baie dankie.
English:
Mr S N SWART: House Chair, the ACDP supports the report. Thank you.
Mr P M SIKOSANA: Chair, we note the request for the approval of the protocol charter on Human and Peoples’ Rights on the Rights of Older Persons in Africa. We acknowledge and support the protocol as it aims to safeguard the rights of older persons and combat elder abuse. We welcome the concern raised by ... [Inaudible.] ... on social protection and the fact that potential reservation will address ... The protocol will align
with the Older Persons Act, including national priorities and international standards.
The NFP has no issue and supports the adoption of the protocol. South Africa has more than five and a half million people aged 60 or older. Many of them do not have adequate financial and other support to live a dignified life. Older people in South Africa today have spent at least half of their life under an apartheid regime whose racial segregation policies denied the majority of black African and coloured people a good standard of education, decent work and the ability to save for old age. The accumulative impact of racial discrimination still affects older people today. We acknowledge that current government’s policies are addressing this legacy. However, the Department of Social Development needs to do more to allocate sufficient resources for community and home-based care and support services for nonprofit organisations contracted to deliver them.
Furthermore, the government’s current targets for delivering services leaves hundreds of thousands of eligible older people without access to care, especially those in rural areas. In
light of this reality, we are moved to support this protocol. Thank you, Chair.
Mr M G E HENDRICKS: Hon House Chair, two weeks ago I went to Cofimvaba to slaughter a cow for old people whose grandchildren were the first to be hanged — 75 of them — for the freedom that we enjoy today. They will welcome the amendments to the Act and now also these protocols. They will also welcome the fact that the President at last found his pen to sign the National Health Insurance, NHI, into law. We need to get NGOs and private enterprises to build private health care centres in 1 000 villages as soon as possible, including one in Cofimvaba. By the way, Al Jama-ah has a clan there.
It's the Al Jama-ah ... [Inaudible.] ... clan and I was surprised to hear that I'm a son of that clan.
Having said that, it is very, very important that we already
... Al Jama-ah has thrown its weight behind Netclinic that has
10 clinics in Khayelitsha, Guguletu, ready to be accredited, working for the last five months in anticipation of the President finding his pen to sign it into law. The NHI is the greatest thing that could have happened for elderly persons. You know I'm 74, so I'm part of that group and I'm very
pleased that in its last days Parliament is now looking after the interests of elderly persons. Well done to the ANC. Thank you very much.
Ms M L PIETERSEN: Chair and members, the protocol to the African Charter on Human and People’s Rights on the Rights of Older Persons in Africa reminds us that our society is comprised of different groups that have specific needs. Older persons are one of the society’s most vulnerable groups which require protection from various forms of violence, to which they are susceptible due to their age and frailty, among other factors. Older persons also require support in a variety of areas, including health, housing, employment and other basic services. It is the responsibility of every nation to ensure that it meets the needs of its citizens, and that is what this protocol seeks to achieve.
The protocol aims to create equitable framework for older persons, which nations may develop age friendly legislation which affirms the rights, respect and opportunities which should be afforded to older persons. The protocol also reinforces a new imagination regarding older persons, where they are beyond their age, but through the lens of full
members of society, who will have skills and we’ll have skills and abilities to contribute, be productive and give back to society and the economy. For this sustaining development aspirations, the protocol affirms the development of programmes which promote active aging, where older persons are given purpose, not only in society, but also for themselves, where they are involved in personal and professional development activities.
For the ratifying protocol, South Africa will be committing to creating and implementing legislation which cuts across the structures and sectors of society, to ensure that there is alignment and synergies on how older persons are supported.
Therefore, by ratifying the protocol, South Africa will be taking actions to strengthen existing legislation, doubling resources and enforcing co-operation and ensure that older persons are afforded similar liberties they are entitled to. The protocol is also developed in the background of inspirations to realise 2063 Agenda. In our pursuit of the African vision, we must recognise that no sustainable development can be achieved without robust mechanisms that addresses our peoples’ vulnerabilities.
We must foster social cohesion and guarantee that they are provisions that exist for our people to be active participants in driving and sustaining development efforts. The 2022 United States Census Bureau noted that Africa had about 74 million people aged 60 and older, which was projected to triple to
235 million by 2015. Statistics SA reported that in 2022 there was approximately 5,6 million older persons in the country and the figure was also projected to grow in the future. Therefore, this data is an indication that the life expectation of South Africans and Africans in the continent is growing, thus increasing the number of older persons. It is, therefore, in our best interest to ensure that we create mechanisms to cater for this growing demographic group and ensure that they are empowered to continue serving society and continue to realise their full potential.
The ANC supports the approval of the Protocol to the African Charter on Human and People’s Rights on the Rights of Older Persons in Africa. That is why the ANC supports the approval of the Protocol, and therefore, we must go out and vote for the ANC. Thank you.
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon members, are there any objections to the approval of Protocol to the African Charter on Human and People’s Rights on the Rights of Older Persons in Africa as it appears on the Order Paper? Are there any objections?
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons in Africa accordingly approved.
MOTION IN TERMS OF THE POLITICAL PARTY FUNDING ACT (ACT NO 6 OF 2018) ON DONATIONS TO POLITICAL PARTIES AS IT APPEARED ON THE ORDER PAPER
There was no debate.
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon members, as agreed earlier by parties in this sitting, I will now recognise the hon the Chief Whip of the Majority Party to move the motion on the Order Paper.
The CHIEF WHIP OF THE MAJORITY PARTY: Hon House Chair, I move that the motion as it appears on the Order Paper on the Political Party Funding be adopted by this House. Thank you.
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon members, I will now put the motion. Are there any objections?
Motion agreed to.
[Take in from Minutes.]
Mr N SINGH: Chairperson, I’m sorry. Will you allow declarations on this matter?
The HOUSE CHAIRPERSON (Mr C T Frolick): You should have asked earlier before you noted it, but hon Singh, when I asked for the objections, you indicated that you have an objection. What I will do, is to allow you to make your intervention, but in future, and it’s late in the like of this Parliament, you always need to indicate early when you want to make a declaration. We have also not received the request for declarations from your political party. Hon Singh, do you still want to proceed with the declaration?
Mr N SINGH: Yes, thank you very much. No, I understand that very clearly and I understand your ruling well from the
Chairperson. However, as you would realise, we ... [Interjections.]
The CHIEF WHIP OF THE MAJORITY PARTY: On a point of order, Chair.
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon Singh, can you just hold, please. Yes, hon Chief Whip.
The CHIEF WHIP OF THE MAJORITY PARTY: House Chair, I’m a
little bit surprised. We met as the Chief Whips, and nobody talked about the declarations. Therefore, we cannot open for the declarations now. Just because someone is opposing the motion, now he wants to make a declaration. We should have agreed on that process of the declarations. Therefore, we don’t support this declaration.
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon Singh, you’ve heard what the Chief Whip of the Majority Party who is the convenor of the Chief Whips Forum said, and it is correct. You should have indicated before you’ve noted the objection that you wanted to make a declaration. We will thus proceed, hon members. The last item on the Order Paper is farewell
speeches. I will now recognise the hon Chief Whip of the Opposition.
The CHIEF WHIP OF THE OPPOSITION: House Chairperson, as this term draws to a close, it is important that we remember the privilege and honour it has been to represent 60 million of South Africans who have entrusted us with this responsibility. It should be something that we never, ever take for granted.
Despite our various political parties, we have at least one common mandate, and that is to serve.
But this sixth term has not been an easy one. We dealt with the deadliest pandemic of our lifetime, COVID-19. During that time, we saw over 100 000 South Africans lose their lives due to COVID-19 related illnesses. In this House, we saw 16 members lose their lives during that time.
IsiXhosa:
Siyathemba ukuba inxeba elashiywa kukulahlekelwa zizihlobobo namalungu eentsapho zenu liyaphola. Akululanga kodwa ke siyaginya nokuba kuyakrakra.
English:
It was a difficult time for both the people who are the public representatives in this House and the people who sent us here to serve them. It was a time of great uncertainty and fear, but South Africans tapped into their resilience, and they pulled through that devastating period.
The Houses of Parliament had to find ways to continue to do its critical work. We realised the importance of a working and effective Parliament. We needed a legislature that would spring into action during the time of a national crisis. We battled for four years to get members to mute and unmute themselves at the appropriate time. I think we I can speak for all of us when I say we have seen enough chins and inside members’ nostrils over the past four years.
To add insults to massive injury, during this term, we lost the Houses of Parliament to a devastating fire. We moved our business to this venue, which used to be used for committee meetings. We needed to adjust and juggle how do we get members back to work while so many of them feared for their lives and we did not have a Chamber to speak of. It is our sincere hope that the rebuilding of Parliament is done on time and within budget. Ultimately, that Chamber does not belong to us, it
belongs to the people of South Africa. It has to be rebuilt as the symbol of the people’s power.
Colleagues, we differ, and we fight passionately in the hustle and bustle of political discourse. But may we not never forget our why. It is based on the intrinsic belief that we are all fighting for a better tomorrow for our country. We are not enemies; we are merely opponents. Contestation on the floor of Parliament is the hallmark of a healthy constitutional democracy.
In South Africa, we have a free press, a vibrant opposition that is not thrown into jail when it differs with the government of the day. We have an independent judiciary and the Constitution that is lauded world over. We must never forget what we have and what we’ve achieved. To the members who are not returning ...
IsiXhosa:
... siyanibulela ngomsebenzi wenu, ugqatso nilufezile.
English:
You were part of writing this chapter in South Africa’s story. To those who are returning to the Seventh Parliament, South Africans are yearning for a different type of politics. A politics of collaboration, a politics of negotiation, and one that places the needs of the people at the centre of everything that we do. May we never fail that test. May we raise the bar and continue to earn the title of seventh leadership. May we always remain committed to the oath of office that we take. May this be a reminder and even in the toughest moments in our time of politics. Now ...
IsiXhosa:
... masiye kudibana phaya ngaphandle. Ndiyabulela.
Mr M MANYI: Today as we gather to reflect on the past 30 years under the rule of the ANC, we cannot but help lament the state of our nation. Three decades of governance have brought us to a point where the promise of freedom and prosperity has been overshadowed by the harsh realities of economic mismanagement and inequality.
We sit here today with 28 million people relying on social grants of one form or another. A staggering number speaks
volumes about the failure of the successive ANC administration to uplift our people out of poverty and dependency. What was meant to be a temporary safety net, has become a permanent crutch for far too many of our citizens.
Furthermore, nearly 12 million people of our fellow South Africans find themselves without employment, while the ANC’s Manifesto offers nothing but a paltry 2,5 million, not even jobs, but job opportunities over the course of five years.
Basically some 10-odd million people will be without a job if the ANC comes back to office. This is not just a failure of policy; it is a betrayal of trust to those who place their hopes in the ANC to deliver meaningful change.
As if that were not enough, our country’s debt to gross domestic product, GDP ratio has skyrocketed to approximately 74%, with a staggering R1 billion per day spent on debt servicing costs alone. This reckless borrowing and spending have shackled our economy, leaving the future generations burdened with the consequences of fiscal irresponsibility.
Let us not forget that we bear the shameful title of having the highest level of inequality in the world, with the Gini
coefficient close to one sitting at 0,67. This is not just a statistic, it is a stark reminder of the ANC’s failure to address the systemic injustices that continue to divide our nation along racial and economic lines. And what of the 55,5% of our population living in poverty? These are just not numbers on a spreadsheet, these are real people. Our fellow South Africans who have been left behind by a government that has prioritised its self-interest over the needs of the people.
The heart of the of the EFF, aches for the lost opportunities, the broken promises and the lives that have been needlessly sacrificed at the altar of political expedience. The ANC may have ruled for the past 30 years, but their legacy is one of broken dreams and shattered hopes.
We call on the people of South Africa to take their lives into their own hands. To take their lives and put their hopes on an organisation that has got a vision. On an organisation that has got energy. On an organisation that is led by young people that are determined to make sure that we change the course of history.
We call on all South Africans to see the need to vote for the EFF as the only organisation that has got the wherewithal to take us out of the shackles, out of this detriment, out of this catastrophe that the ANC has put the country on. We call on people of South Africa to break away from the neoliberal policies of the ANC, which have failed for the past 30 years to lift us out of poverty.
The 29 May is around the corner. There are three ballot papers. Don’t make a mistake. On the first ballot paper vote EFF, second ballot paper, vote EFF, third ballot paper, vote EFF. Thank you very much Chairperson.
Mr N SINGH: Hon Acting Speaker ...
The ACTING SPEAKER: Sorry, hon Singh. Just one moment. Members that are online, please take care of your microphones. Keep them switched off so that we don't disrupt people speaking.
Thank you. Go ahead, hon Singh.
Mr N SINGH: Hon Acting Speaker, firstly, on behalf of my President, hon Velenkosini Hlabisa, who is the leader of our caucus, let me thank you and all the presiding officers for
the kind of co-operation that we received in the last five years. I think the five years have been very eventful for all of us.
The ACTING SPEAKER: Apologies, hon Singh. Thandi Tobias, can you please pay attention to your microphone? Can't all of you listen? We assume you are in the House, listening. So, please switch off your microphones. I don't want us to be doing this. Go ahead, hon Singh.
Mr N SINGH: Acting Speaker, as I was saying, the ... [Inaudible.] ... five years have been very eventful for many of us ... tragic circumstances, happy circumstances and you know, we've lost a number of members, but most of all we had the unfortunate loss of our leader Prince Mangosuthu Buthelezi who had been in Parliament from 1994, to whom we owe a lot in terms of him teaching us about dignity, honesty, integrity and you know, calling a spade a spade and not calling a spade a shovel, even if it was in Parliament. So his guidance is something that we've taken to heart and as we move forward towards the election on the 29th of May, the South African public would know that we are dedicating this election to the legacy of Prince Mangosuthu Buthelezi.
Having said that, we went through the period of COVID which took away a number of our members in the House from all political parties. Then of course, the unfortunate burning of Parliament, which forced us into hybrid sittings. However, you know, thanks to the staff, Mr Xaso, the Secretary to Parliament and others, we managed to manoeuvre and come out relatively unscathed in terms of getting on with the affairs of Parliament. ... [Inaudible.] ... things that would like to
... [Inaudible.] ... although we know that the plans for the new Parliament have been confirmed. It's only likely to be ready in 2026 and we trust that those of us that return to Parliament will have some facility which can take all 400 of us because it's important, especially for new members, to be working in an environment where parliamentarians can look at each other, where we can look at directors-general and hold each other to account. So, it's unfortunate that Parliament
... [Inaudible.] ... I think we ... [Inaudible.] ... still make a plan in the interests of democracy.
I know that there will be a number of hon Members of Parliament and possibly staff who out of choice ... be coming back to the new Parliament. I want to wish them well, including yourself, Acting Speaker. Thank you for the
camaraderie and friendship and you know, we just want to say may the best ... [Inaudible.] ... win. The IFP is going into this election on the basis of being a constructive opposition in Parliament, which we've always been. We've objected to matters when we had to and we've supported matters when we had to, and we do this in the interest of the citizens of South Africa. ... [Inaudible.] ... ultimately, as Parliament we are all responsible to ensure service delivery. So, I wish you all well. Thank you very much, Acting Speaker.
Mrs H DENNER: Hon Acting Speaker, yesterday we all received an email from the Parliamentary Monitoring Group, PMG, regarding its review report on the Sixth Parliament. The introductory paragraph perfectly sums up this term and I would like to quote it here:
The Sixth Parliament has been unprecedented, historical and foundational. Commencing on
22 May 2019, the Sixth Parliament looked to represent a new dawn for the country, ushering in a period of parliamentary reform, accountability and efficacy in the wake of the institutional devastation wrought by years of rampant state
capture. It’s also been a mixed bag with moments of progress, turbulence, controversy and setbacks.
We saw many things during these past five years, some of which being the devasting murder of Uyinene Mrwetyana, which led to
the spotlight being placed securely on the pandemic of gender-
based violence and femicide, GBVF, in our country. We saw COVID-19, during which the entire world stood still. We lost a
lot and learned many lessons during this time. We even lost some of our own colleagues in government and on the opposition
benches.
Our historic parliamentary buildings were destroyed in a fire,
ironically, some would say, symbolic of the state of our country. We removed a head of a Chapter 9 institution, a first
for the democracy of South Africa and many Bills were passed in favour of and against the people of South Africa, as we saw
today yet again.
Indeed, we did a lot of work but much, much more is still to be done. We here in this House are not supposed to work for ourselves. Our first and most important priority should be to work to better the lives of the children, fathers, mothers,
workers, employers, teachers, nurses, breadwinners, entrepreneurs, domestic workers, office workers, artists, the unemployed, the sick, the frail, the helpless and everyone else in our beautiful country.
Thank you to all the colleagues, whether it be in opposition
or government for the collegial way in which we could find each other on certain points to better the lives of all of our
constituents. We differed, we debated, we heckled, we fought and on many grounds we could not find each other. For that the
voters of South Africa will decide our fates on 29 May.
Thank you to the staff of Parliament for your friendly,
knowledgeable and always available assistance. This institution would not be able to function without you. Thank
you also to the presiding officers for keeping the peace and preventing us from strangling each other.
Afrikaans:
Ek sluit die VF Plus se laaste afskeidstoespraak vir hierdie Sesde Parlement af met die volgende woorde geleen by Coenie de Villiers en ietwat aangepas: Seën ons Here God, seën Suid- Afrika. Laat haar mag tot in die hemel reik. Hoor ons as ons
in ons gebede vra, seën ons in Suid-Afrika, kinders van Suid- Afrika. Dankie.
English:
The ACTING SPEAKER: Hon Sukers?
Mr S N SWART: Acting Speaker, it’s Steve Swart here. May I continue and may I do so without my camera?
The ACTING SPEAKER: Okay, go ahead.
Mr S N SWART: My apologies, Acting Speaker. It has indeed been an extremely busy Sixth Parliament, with many challenges, not least of which included the COVID-19 lockdown, the unprecedented rioting in KwaZulu-Natal and parts of Gauteng, the floods in KwaZulu-Natal and the Eastern Cape, and of course the parliamentary fire. Parliament has still not fully recovered from the fire, and while progress is being made we still need to find a permanent venue for us to meet physically until the building is rebuilt. However, this does give us the opportunity to reimagine Parliament and the ACDP commends the initial designs in this regard. We need to remember that this
is a once-in-a-lifetime opportunity and what is decided upon will be a lasting legacy to us as Members of Parliament.
One of the highlights of the Sixth Parliament was the parliamentary Whips visit to Ireland and Kenya. I found the visit to Ireland very insightful as it showed that opposing, even once warring political parties, can find common ground and govern together in a coalition for the national good of its citizens. We also learnt a lot from the Kenyan Parliament about how coalitions are governed by legislation and about conditions of service for Members of Parliament. We trust that the Whips’ recommendations are actioned and don't just gather dust.
The ACDP wishes to thank you, Acting Speaker, the House Chairs, the Chief Whips and Whips, parliamentary staff — administrative, catering, interpreting, Hansard, legal, security and police. We appreciate you all. Without your hard work and sacrifices, we could not have performed our constitutional duties over the years. I would also like to thank my ACDP colleagues — parliamentary leader Rev Kenneth Meshoe, Wayne Thring and Marie Sukers. We also wish to thank all media representatives who bring Parliament to the people.
As we enter the final stages of campaigning let us be mindful of how fragile and short life is. It is like a vapour. Let us not take chances on the roads. Let us drive safely and let us campaign in safety and promote a peaceful election wherever we go.
Acting Speaker, I would like to conclude with the words from this hymn that I read in my farewell speech in
December 2021 in the Parliament that has burnt down. The words are:
Lord, dismiss us with Thy blessing, Thanks for mercies past receive; Pardon all, their faults confessing; Time that’s lost may all retrieve; May Thy children,
Ne’er again Thy Spirit grieve.
Let thy father-hand be shielding All who here shall meet no more;
May their seed-time past be yielding Year by year a richer store
Those returning,
Make more faithful than before.
It’s been a privilege to serve the nation for these past five years and I pay tribute to all my colleagues who will be retiring, including you, Acting Speaker Tsenoli and House Chair Boroto. I will miss you all. May those returning be more faithful than before. The ACDP looks forward to returning with even more public representatives than before. I thank you.
The ACTING SPEAKER: Thank you, hon member. Hon members, I know it's very difficult and tempting to expand the little time you have. Please don't do it. It's undemocratic. You know how much time you were allocated. Please stay within your time, no matter how good-hearted you feel at the last moment. Let's hear the next ... from the UDM. Is anybody there? The ATM?
NFP?
Mr C MDLETSHE: Acting Speaker, as we bid farewell to the Sixth Administration that has been characterised by considerable challenges, some that will take years to resolve, we do so with our heads high. As a party, the NFP suffered a massive blow when we lost our president, Her Excellency, Zanele kaMagwaza-Msibi in 2021. We know that many parties who are part of this august House lost their members as well, and we say sorry to them.
While we acknowledge the progress and some achievements over the past five years, we must concede the current challenges confronting the citizens of this country clearly demonstrate there is more work that still needs to be done. As I speak, there is a woman who is being attacked and raped. As I speak, there is a child who is being assaulted. As I speak, there is a South African who is being mugged and robbed by criminals. As I speak, there is a vehicle that is being hijacked.
This is the reality on the ground, and we have to take full responsibility as the leaders of South Africa. As we conclude the five-year period that has been a reflection of massive challenges, we do so with the hope that South Africans will use the 29 May elections to change their lives. We hope that the elections will bring about real change, a change where black power will reinforce its unity for the sake of the people of this country. We owe it to millions of citizens to unite and work together.
We owe it to the downtrodden, whose only hope is through our collective unity. While others strive to exceed the ANC, we strive for real change, a change that will be felt under the bridges, at the street corners, on mountaintops, on blue
skies, and under the sea. A change that will reverberate in shacks, mud houses, pit latrines, potholes, dysfunctional hospitals, and clinics.
As the NFP, this is the real change that we seek to advance. We advocate for a South Africa where citizens are not only yearning for luxury, rather they lead a normal life, a full life, a life full of hope, where doctors need not to protest looking for placements. I thank you, Acting Speaker, and wish all the hon members the best as well, particularly those who are not returning.
IsiZulu:
Sinxusa abavoti ukuthi bavote kahle. Bakhumbule ukuthi ikusasa lezwe lethu lisezandleni zabo.
English:
I thank you.
Mr M G E HENDRICKS: Acting Speaker, this is indeed a special day for me in a way, like the first time when I was sworn into Parliament in 2019. I was proudly holding a historic copy of the handwritten Mushaf Qur’an that was written by Imam
Abdullah ibn Qadhi Abdus Salaam, commonly known as Tuan Guru, while he was incarcerated in chains in Robben Island.
Returning to taking the oath in Parliament to serve my constituencies, I have sworn on this historically penned copy of the Qur'an to carry out amongst other tasks the election promises that we have made, and I have achieved the two main election promises, and that is to have a Muslim Marriage Certificate. The second was to fight for the release of the people who deserve parole, like the People Against Gangsterism and Drugs, Pagad, members.
It was an honour for Al Jamah-ah to govern. We governed Johannesburg for 18 months, a clean audit. The DA left R400 million, we now have R3 billion. We've achieved 30
Integrated Development Projects, IDP, and built three power stations. It was an honour for me to serve Parliament, and I held the Presidency to account, and I handed over 100 keys to District Six residents where I grew up and where my mum had two safe houses. We held the Minister of Home Affairs to account, and we managed to get the nikah recognised, that is a Muslim marriage, an order by the Constitutional Court without
having to change legislation, and we were given two years to come up with legislation which has now not been necessary.
We look forward to voting for parties with strong links to the foundational principles of the liberation movement, whoever governs. I put a prayer that the new government will continue to pressurise the International Court of Justice, ICJ, to pursue the court case of genocide against the leaders of the Zionist Israeli entity. We were unable to convince nearly seven political parties in this House to call for the end to the genocide and the ceasefire which is a blot on the Sixth Parliament.
I'm also of the view that the US and European countries that are complicit, by publicly and unashamedly supporting the ethnic cleansing and genocide of Palestinians be respectfully dealt with. I compliment our hon President Ramaphosa for creating a new civilisation because we don't have a civilisation after the Western powers have done what they did. The world needs a new civilisation, and President Ramaphosa has launched a new civilisation by taking these matters to the international court. Thank you very much. I wish all hon members everything of the best, and it was a great pleasure to
work with them, and the Chair of Chairs, the Speaker, House Chairs. I learned a lot from them. Thank you very much.
The CHIEF WHIP OF THE MAJORITY PARTY: Acting Speaker, it was very dull in this House when you became sick for some time. We were very worried that the
IsiNdebele:
delela, delela,
English:
and we could not hear that voice for quite some time. We thank God that we are here today this Sixth Administration. On 13 May, whose definition is to spread positivity, trust and compassion. It is 13 days to go to our elections.
IsiXhosa:
Kukho abantu abaye babhidwe ngumcimbi bazibone belila kumngcwabo ongenguwo. Apha asizanga kugxeka bani. Le nto kuthiwa yi-“Farewell” ithetha ukuba hambani kakuhle. Sifike singazani apha.
English:
When I came in as a Chief Whip, there were other Chief Whips before me. I served with three different Chief Whips in the Official Opposition Party. The hon Steenhuisen was the Chief Whip, the hon Mazzone was the Chief and now the hon Gwarube is the Chief Whip.
I wish to thank all the Chief Whips on how we have worked together irrespective of coming from different political parties, but we treated each other with mutual respect for that matter.
On behalf of the ANC, I wish to take this opportunity and say a few words to all of you as legislatures of South Africa. We have put South Africa high on the map. I am honoured that I served with you.
I am the first - listen carefully - I am the first Chief Whip to finish the term. A five-year bruising term. Even in other parties it has never happened. So, I am counted,
IsiXhosa:
Niyeke laa ntetha ithi, inyathi ibuzwa kwabaphambili. Inyathi ibuzwa kuPammy. Ndim ophambili ngoku. Mayibuzwe apha kum.
English:
Yesterday, it was a watershed moment when Nation Health Insurance, NHI, was signed into law. We will see as we move when implementing NHI that it was a must to be ascended to by the President.
Hon members, the five-year-term ends on a high note as today we have passed four transformative Bills. That is very important for our people who have send us here. We must continue to affirm the Freedom Charter that says the people shall govern and the people shall share in the country’s wealth. There shall be security comfort and housing.
However, we have passed a lot of legislations that takes us closer to the strategic objective of the Freedom Charter and the national democratic revolution in order to attain the national democratic society.
It has been a difficult five years. Two years of COVID-19. I lost 19 support staff members of the ANC caucus. I lost 24 Members of Parliament, MPs of the ANC during this period. May their soul rest in eternal peace.
We lost Parliament staff. Even to the table staff, we lost one of the table staff members. May their soul also rest in peace.
We thank the support of this National Assembly table led by Mr Xhaso who has never complained irrespective of what time you wake him up and what question you ask, he will always be calm. Keep on being that calm person, Mr Xhaso.
Thank you, hon members for supporting us when we lost so many members.
IsiXhosa:
Ubuntu...
English:
... is when we cry together and when we celebrate together.
When we started with the hybrid and it was full virtual. We started with the team and something happened. There was a porn just shown in our meeting. Everybody run away. That was a public meeting because it was televised.
That was bad!
We have seen things during the COVID-19 when members connect. Others will have their heads facing down and you fear that they might vomit because they did not know on how to set the camera.
We maintained social distance and put masks, but we further made social distance everywhere! That is why there was not a single member who was pregnant during that time because we started social distancing from here!
IsiXhosa:
Hayi, andithethi ngaba bafumeneyo kuba bona bangena ngoku.
English:
Then we made social distance throughout!
IsiXhosa: Nasemakhaya.
English:
Thank you very much, hon members.
Hon members, when Parliament burnt down, we were at home. Nobody said let us go to Parliament. Everyone just took their bags and came back to Parliament. It was a painful three days watching Parliament burning down. When we thought ...
IsiXhosa:
... umlilo wehlile kanti uza kuphinda unyuke umlilo.
English:
However, we are going to transform the entire precinct. It will represent the people’s Parliament.
We have made our mark in the Pan-African Parliament. Thank you to members that I served with. When we were in the Pan-African Parliament, nobody could see that this one comes from the ANC, from the DA or from the EFF. We were together. People from the continent were confused because we are fighting here, we are also going to fight there. However, we showed them what is Parliament supposed to do.
When I got elected as the first woman Chairperson to Chair Pan-African Parliament in the Southern African Development
Community, SADC region, it was for the first time that South Africa held that position.
IsiXhosa:
Ndayibamba itshisa njalo.
SOMLOMO: Yivale, Mbhexeshi oyiNtloko.
English:
The CHIEF WHIP OF THE MAJORITY PARTY: Alright.
Regarding the issue of the Interparliamentary Union, IPU, it is this SA Parliament that has all time rose to the occasion in the IPU and did very well.
With all humility I conclude by saying ...
IsiXhosa:
Umhla wama-29 wona uyafika, kuza kushiyana oomama ukondla kwaye awuzuhlehliswa.
English:
We are going there, and we are coming back in numbers as the ANC! Our majority will be more than what we have now! We are still going to transform this country! The doomsayers and those who are doing surveys ...
IsiXhosa:
... abayibambanga kakuhle, sihamba nabantu thina kwaye bayasivuma...
Sepedi:
... batho ba re ANC e tsamaye ka ona maatla ao, ka tsela yona yeo!
Xitsonga:
Fambani naswona mi famba kahle, ANC.
IsiXhosa:
Siyabuya. Abanye benu...
English:
... is your last day to be here!
IsiXhosa:
Naloo maqela enu ayaphela sijongile nje. [Kwaphela ixesha.]
The ACTING SPEAKER: Hon members on the platform, please don’t engage in that. Hon members, Speakers don't often speak in the House. We are timekeepers, strictly speaking. Allow me a moment to make you few remarks, to say farewell to all of you and to those watching at home. Today, to state the blinding glimpses of the obvious, is our last sitting in the National Assembly as well as the sitting taking place in the National Council of Provinces.
The sadness of this coming together at the end of our term of office, we do so...
Sesotho:
... re sa fella.
IsiZulu:
Asiphelelanga, sishoda ngabobonke abasishiya la emhlabeni ...
English:
... including those who started with us and others who joined later, both members and staff. COVID-19 hit us hard like in
other workplaces in the country and in the world. We have to include our family members and those of staff who died as a result of other causes of death. We repeat our condolences once more to all of them and wish the pain of loss of their loved ones subsides over time. They would have been with us today, members and staff, present in the House or online as some of our colleagues are today in this setting, ending our term of office and returning as the Chief Whip was saying to the people, to ask them to return us to office.
Hon members, my overall view for example, that this being part in a sense of the overlooking back 30 years ago, that we have five pillars of our new democratic dispensation that in my humble opinion remain intact. These are that Parliament itself is intact. The executive itself is intact so is the judiciary and their annual sessions of review and so on.
The forum of introducing support in democracy, I suggest it’s the fourth sector. It is also intact and has grown over these last 30 years and has become significantly one of the key players. And we are referring here to the Public Protector, the Office of the Public Protector, the Auditor-General, the SA Human Rights Commission, the Commission on Gender Equality,
the Commission on Cultural and Religious and Linguistic Communities, the Public Service Commission, Pan South African Language Board, Financial and Fiscal Commission and the Independent Electoral Commission, rightly can claim to have played a crucial role in the progress we claim to have made in these past eight years.
They play this complementary role to the role of Parliament to oversee the executive functions and to implement some such as the Independent Electoral Commission, IEC does. We are in the process or have been together with this forum of institutions supporting democracy as Parliament leadership, working together to refine and bring better responsiveness to the relationship we have with one another.
We hope the Seventh Parliament will complete this important work that is in progress. Obviously, hon members, there's plenty of room for improvement in these institutions themselves, in their relationship with one another, and significantly in their relationship with Parliament and the legislative sector.
The executive signing of the National Health Insurance recently, this is the executive, if nothing else, provides legislative certainty and commitment to transform our health sector for the majority of the people. We expect that the national departments and provinces including municipalities will undertake important, urgent, necessary work to create an environment for the speedier and effective implementation of this programme.
The fifth sector, which is what I now call the media, remains free in our country and largely operates without hindrances and have had such issues to resolve where they appeared if not, those are in discussions wherever they have taken place.
The challenges of the new technologies require better cooperation, dialogue to regulate their impact on society to prevent various forms of abuse, potential discrimination, including elements of fraud in the interests of the people. The problems as identified by the Chief Whip here about what happened as we navigated our entry into use of technology online worldwide in general is significant.
The precedent setting implementation of section 194 of the Constitution, the removal of the Public Protector, the removal of the two judges, Hlophe and Motata, are critical instances of accountability in action and major in their significance in our relationship as the three arms of the state.
So, our implementation of the recommendations of what I will call for ease of reference, the Zondo Commission is a crucial element of this relationship and often because of our own poor communication, an impression is given that we haven't done so. We are at work to consolidate this report, the latest to the one we produced in the past, to indicate what else we have done out of the 17 findings that relate to Parliament and what we've done about it, we will do so soon, in a day or so.
Parliament, the Speaker in particular, as part of the Inter- Parliamentary Union, IPU Task Force, also put a crucial peace initiative in Russia and Ukraine conflict and also supported taking the stage to Israel to prevent what we believed to be genocide strictly prohibited in international law.
The purpose of the work we do in public as public representative is to put Batho Pele - People First. In their
diversity, meaning people, the first we should really be dealing with are the new arrivals on planet Earth, babies born recently. For example, there's one called Wawa somewhere in Gauteng. There's one called Phindi and Thando, months since they were born. And what we say here is that we should welcome them to planet Earth and undertake to ensure that in their name, we will ensure that they grow up in a country they will be proud of.
United Nations International Children’s Emergency Fund, Unicef working together on issues of children has given us assurance they'll work with us to achieve that goal. And in fact, our overall campaign for peace in the world is an important part of this world, so that children in Palestine and everywhere else where they are victims of war must be supported and help to prevent those wars.
I thought I should also convey to members sitting here that this morning in False Bay, a whale was giving birth, and many sharks came around and so hundreds of dolphins appeared from nowhere, out of the blue as they claim, to swim in circles around the around this whale giving birth, keeping the sharks away, they stayed with her and her baby until they were safe.
And in a sense, if you think Ubuntu is your only task, animals do have the sense of that. This is what whales did this morning. So, the baby and the mother whale are safe because of the health of dolphins.
We thought we should say this as a concluding point to reference to the harm which can potentially visit our great grandchildren and grandchildren, if we do not do our work properly all the time and thank you very much. Whatever we are going to do on what, what do you call the ground, others didn't even bother to come here because the ground was too attractive for them. We really hope that we can continue to do the good work. Let’s improve the quality of life of all children, of the elderly, that you spoke about earlier on, of women across the entire world to prevent gender-based violence and young people who are ready to take over and do things creatively and with more passion.
Thank you very much hon members, rejoin your family. Don't forget to do that as you go back and do work. They have been waiting for this moment to be in touch with you. Thank you very much. This concludes the speeches and the business for
the day. I request members to stand and wait for the Chair and the Mace to disappear.
Debate concluded.
The House adjourned at 15:22.