House of Assembly: Vol12 - WEDNESDAY 24 MAY 1989

WEDNESDAY, 24 MAY 1989 PROCEEDINGS OF THE HOUSE OF DELEGATES

The House met at 19h47.

The Chairman took the Chair.

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS—see below.

Notices of motion having been given, the House adjourned at 19h50.

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

ANNOUNCEMENT:

Own Affairs:

House of Delegates

  1. (1) The Minister of Housing:
    Withdrawal of Housing Development Amendment Bill (House of Delegates) [B 105—89 (HD)].

TABLINGS:

Bill:

Mr Speaker:

General Affairs:

1. Pensions Second (Supplementary) Bill [B 114—89 (GA)]—(Joint Committee on Health and Welfare).

Papers:

General Affairs:

1. The State President:

Decision of the President’s Council that the version of the Appropriation Bill passed by the House of Assembly and the House of Delegates [B 59C—89 (GA)], be presented to the State President for assent.

2. The Minister of Justice:

Report in terms of section 72 of the Internal Security Act, 1982.

3. The Minister of Agriculture:

  1. (1) Reports of the—
    1. (a) Wheat Board for 1987-88;
    2. (b) Maize Board for 1987-88.
  2. (2) List relating to Government Notices (Department of Agricultural Economics and Marketing)—21 to 28 April 1989.

4. The Minister of National Health and Population Development:

Report of the South African Medical Research Council for 1987-88.

5. The Minister of Environment Affairs:

  1. (1) Report of the National Hiking Way Board for 1987-88.
  2. (2) List relating to Government Notices—3 February to 21 April 1989.

6. The Minister of Water Affairs:

Report in terms of section 138F of the Water Act, 1956, on the proposed revision of the levying of the charge on water supplied from the Vaal River for the benefit of the Lesotho Highlands Water Project.

Own Affairs:

House of Assembly

7. The Minister of Local Government and Housing:

Report of the Department of Local Government, Housing and Works of the Administration: House of Assembly for 1988.

COMMITTEE REPORTS:

General Affairs:

1. Report of the Joint Committee on Home Affairs on the Elections and Identification Amendment Bill [B 83—89 (GA)], dated 23 May 1989, as follows:

The Joint Committee on Home Affairs, having considered amendments to the Elections and Identification Amendment Bill [B 83—89 (GA)], recommitted to it, begs to report the amendments agreed to [B 83A—89 (GA)].

Report to be considered.

2. Report of the Joint Committee on Constitutional Development on the National States Constitution Amendment Bill [B 27B—89 (GA)], dated 24 May 1989, as follows:

The Joint Committee on Constitutional Development, having considered amendments to the National States Constitution Amendment Bill [B 27B—89 (GA)], recommitted to it, wishes to report the amendments agreed to by the House Committee (House of Assembly) [B 27C—89 (GA)].

NEW CLAUSE

1. That the following Clause be a new Clause 1:

Insertion of section 26A in Act 21 of 1971

1. The following section is hereby inserted in the National States Constitution Act, 1971 (hereinafter referred to as the principal Act), after section 26:

Incorporation of certain areas into area of self-governing territory

26A. (1) Notwithstanding the provisions of any law the State President may, if he deems it expedient and after consultation by the Minister with the Cabinet of a self-governing territory, by proclamation in the Gazette, as from, a date determined in such proclamation, incorporate an area not being a Black area, but which is surrounded by the area of that self-governing territory, into the area of that self-governing territory.

(2) As from the date on which an area has been incorporated under subsection (1), such incorporation shall for all purposes be deemed to be an amendment under section 1(2).”.

CLAUSE 2

Clause rejected.

NEW CLAUSES

1. That the following be new clauses to follow Clause 1:

Amendment of Schedule 1 to Act 21 of 1971, as amended by section 12 of Act 23 of 1972, section 15 of Act 7 of 1973, section 24 of Act 70 of 1974, section 10 of Act 71 of 1974, section 4 of Act 115 of 1977, section 19 of Act 12 of 1978, Proclamation R.150 of 1979, Proclamation R.3 of 1980, Proclamation R.172 of 1980, Proclamation R.235 of 1980, Proclamation R.116 of 1984, Proclamation R.112 of 1985, Proclamation 38 of 1986, Proclamation 141 of 1986, Proclamation R.20 of 1987, Proclamation R.64 of 1987, section 20 of Act 32 of 1987 and Proclamation R.109 of 1988

2. Schedule 1 to the principal Act is hereby amended—

  1. (a) by the substitution for item 2 of the following item:
    “2. Education, including the provision of education with the approval of the Minister of Education and Development Aid to persons outside the area concerned but within the Republic, but excluding the provision of education [provided] by a university or a university college established by or in terms of any Act of Parliament.”; and
  2. (b) by the substitution for item 26 of the following item:
    “26. Births, deaths, marriages and customary unions [in respect of citizens].”.

Substitution of long title of Act 21 of 1971

3. The principal Act is hereby amended by the substitution for the long title of the following long title:

“ACT

To provide for the establishment of legislative assemblies and executive councils in Black areas, the powers, functions and duties of such assemblies and councils, the disestablishment of territorial authorities upon the establishment of executive councils, the declaration as self-governing territories of areas for which legislative assemblies have been established, [and] the constitution of Cabinets for such territories, and the incorporation of certain areas other than Black areas into the areas of self-governing territories·, to amend the Black Authorities Act, 1951, so as to regulate further the constitution of tribal authorities and to provide for the proof by affidavit of the membership of tribal and regional authorities and the fact whether or not Black law and custom were observed in particular matters; to amend certain definitions in the National States Citizenship Act, 1970; and to provide for incidental matters.”.

LONG TITLE

1. On page 2, in the first line, after “as” to insert:

“to make provision for the incorporation of certain areas other than Black areas into the area of a self-governing territory;

2. On page 2, in the fourth line, after “on”, to insert “education,”.

Report to be considered.

3. Report of the Joint Committee on Constitutional Development on the Alteration of Boundaries of Self-Governing Territories Bill [B 76—89 (GA)], dated 24 May 1989, as follows:

The Joint Committee on Constitutional Development, having considered amendments to the Alteration of Boundaries of Self-Governing Territories Bill [B 76—89 (GA)], recommitted to it, wishes to report the amendment agreed to by the House Committee (House of Assembly), as follows:

CLAUSE 2

1. On page 2, from line 30, to omit subsection (3).

Report to be considered.

4. Report of the Joint Committee on Transport and Communications on the Multilateral Motor Vehicle Accidents Fund Bill [B 93—89 (GA)], dated 24 May 1989, as follows:

The Joint Committee on Transport and Communications, having considered an amendment to the Multilateral Motor Vehicle Accidents Fund Bill [B 93—89 (GA)], recommitted to it, begs to report the amendment agreed to, as follows:

CLAUSE 8

1. On page 4, in line 53, to omit all the words after “shall” up to and including “Gazette” in line 54 and to substitute:

be deemed to have come into operation on 1 May 1989

Report to be considered.

5. Report of the Joint Committee on Agriculture and Water Affairs, dated 24 May 1989, as follows:

The Joint Committee on Agriculture and Water Affairs, having considered the papers referred to it, begs to report that it recommends that the following be approved:

On the Report of the Director-General: Water Affairs on the proposed dam and distribution works of the Haarlem Irrigation Board [WP G—89]:

1. That a 66²/³% loan and a 331/3% subsidy on the eventual construction cost, which is estimated at R10,8 million, be granted to the Haarlem Irrigation Board.

On the Report of the Director-General: Water Affairs on the proposed rural water supply scheme of the Kalahari East Water Board [WP H—89];

1. That a 33⅓% loan and a 66⅔% subsidy on the eventual construction cost, which is estimated at R77,4 million, be granted to the Kalahari East Water Board.

Own Affairs:

House of Assembly:

6. Report of the House Committee on Agriculture and Water Affairs (House of Assembly), dated 24 May 1989, as follows:

The House Committee on Agriculture and Water Affairs (House of Assembly), having considered the papers referred to it, begs to report that it recommends that the House approve the following:

On the petition of the Bellevue Irrigation Board:

1. That the outstanding loan instalments, capital and interest of the Bellevue Irrigation Board be written off.

2. That the subsidy in respect of the original loans be granted.

3. The Committee wishes to report that it is unable to recommend that the request to write off all debts of the Bellevue Irrigation Board be entertained.

On the petition of the Cogmanskloof Irrigation Board:

1. That the capital amount in respect of flood damage and extraordinary factors be written off.

2. That the accumulated and deferred interest in respect of interest on State debt due to flood damage and extraordinary factors of the Cogmanskloof Irrigation Board as at 1 January 1990 be written off.

3. That the irrecoverable outstanding rates and interest in respect of the Land and Agricultural Bank of South Africa be written off.

On the petition of the Klaasvoogds Irrigation Board:

1. That the outstanding capital and interest on the loan for the drainage project and the linkage of the waterworks of the Klaasvoogds Irrigation Board be written off.

2. The Committee further wishes to report that it is unable to recommend that the request that—

  1. (a) all deferred interest and interest in arrears of the Klaasvoogds Irrigation Board be written off; and
  2. (b) that the outstanding capital on all the loans of the Klaasvoogds Irrigation Board be reduced by half,

should be entertained.

On the petition of the Zeekoehoek Irrigation Board:

1. That all interest, capital and subsidy in arrears for the period 1 July 1978 up to and including 31 December 1980 be written off.

2. That an amount of R36 091,66 in respect of the capital be written off, which will reduce the obligation to the State to R70 610,41.

3. The Committee wishes to report further that it is unable to recommend that the request to place the Zeekoehoek Irrigation Board in a more favourable position by means of additional write-offs should be entertained.

Report to be considered.

House of Representatives:

7. Report of the House Committee on Alleged Reflections on the Majority Party (House of Representatives), dated 24 May 1989, as follows:

The House Committee on Alleged Reflections on the Majority Party (House of Representatives), having considered the subject of its enquiry (Minutes, p 41), begs to report as follows:

The Committee gave the Leader of the Official Opposition, Mr C H Ebrahim, the opportunity to give oral evidence before it on his allegations of corruption in a speech during a joint meeting in the Chamber of Parliament on 6 April 1989.

On 24 May 1989 Mr Ebrahim gave oral evidence before the Committee and made available to the Committee copies of letters which he had written to Mr Speaker in which he made similar allegations as well as Mr Speaker’s reply thereto. Neither Mr Ebrahim’s oral evidence nor the papers submitted by him substantiate his allegations. Indeed, Mr Ebrahim admitted that he had no documentary proof in support of his allegations, and merely repeated his earlier allegations.

In view of this evidence, the Committee finds that the allegations are based on hearsay and deplores the fact that Mr Ebrahim saw fit to make allegations in public against the Majority Party on the basis thereof while he was aware that he could not substantiate these allegations.

The Committee further finds that Mr Ebrahim’s allegations must be regarded as a serious reflection on the Majority Party, and therefore recommends that he be directed to tender an apology in the House.

Report to be considered.