House of Assembly: Vol7 - TUESDAY 16 FEBRUARY 1988

TUESDAY, 16 FEBRUARY 1988 HOUSE OF ASSEMBLY

†Indicates translated version.

For oral reply:

General Affairs:

*1. Mr D J DALLING

—Justice.

[Reply standing over.]

*2. Mr F J LE ROUX

—Foreign Affairs.†

[Withdrawn.]

*3. Mr F J LE ROUX

—Justice.†

[Withdrawn.]

Constituency boundaries: re-delimitation *4. Mr D J DALLING

asked the Minister of Home Affairs:

Whether he intends to initiate procedures in 1988 which will result in the re-delimitation of constituency boundaries for the House of Assembly; if not, why not; if so, (a) what procedures and (b) when?

†The MINISTER OF HOME AFFAIRS:

The prerogative for the appointment of delimitation commissions is vested in the State President in terms of section 48 of the Republic of South Africa Constitution Act, 1983 (Act 110 of 1983).

Visit to Netherlands by members: financial assistance *5. Mr D J DALLING

asked the Minister of Foreign Affairs:

  1. (1) Whether his Department provided any financial or other assistance to certain members of the House of Assembly, whose names have been furnished to the Minister’s Department for the purpose of his reply, in connection with their visit to the Netherlands during January 1988; if so, (a) why, (b) (i) what was the nature of the assistance provided and (ii) by whom was it authorized, (c) at whose invitation was the visit undertaken, (d) what was the (i) purpose and (ii) outcome of the visit, (e) what was the total cost to the State of providing assistance for this visit and (f) what are the names of the members concerned;
  2. (2) whether he will make a statement on the matter?
The MINISTER OF FOREIGN AFFAIRS:
  1. (1) Yes.
    1. (a) A request for assistance in arranging visits to parliamentary institutions and, if possible, appointments with politicians, was received from Mr D P A Schutte, MP for Pietermaritzburg North. It is customary, upon request, to assist members of Parliament travelling abroad with arrangements of this nature.
    2. (b)
      1. (i) A visit to the Dutch Parliament as well as appointments with a few party representatives was arranged.
      2. (ii) A senior official of the Department of Foreign Affairs.
    3. (c) The visit was a private study tour arranged by Mr Schutte personally and on his own initiative.
    4. (d)
      1. (i) Private study tour of parliamentary institutions in Europe.
      2. (ii) Party representatives were met.
    5. (e) None.
    6. (f) Mr D P A Schutte, MP Mr R E Redinger, MP Mr J W Maree, MP
  2. (2) No.
Helicopter: pamphlets *6. Mr P G SOAL

asked the Minister of Law and Order:

  1. (1) Whether, with reference to his reply to Question No 1, standing over, on 6 October 1987, the investigation into the incident on 23 May 1987 involving pamphlets dropped from a low-flying helicopter has been completed; if not, what are the reasons for the delay in completing this investigation; if so, (a) when, (b) what were the findings and (c) who is the owner of the helicopter;
  2. (2) whether, as a result of this incident, any action has been taken against the (a) owner of the helicopter and (b) group allegedly responsible for distributing these pamphlets; if not, why not; if so, (i) what action, in each case, and (ii) what is the name of this group;
  3. (3) whether he will make a statement on the matter?
†The MINISTER OF LAW AND ORDER:
  1. (1) Yes.
    1. (a) 9 November 1987.
    2. (b) The discrepancy in the information supplied by the complainants and that which was made available to the South African Police through their investigation, could not be clarified. The responsible person/s or instance/s has therefor not been identified by the South African Police.
    3. (c) The helicopter was, at the time of the incident, at an aviation company for a routine service. I am not prepared to furnish the name of the owner because he was apparently not responsible for the distribution of the pamphlets.
  2. (2)
    1. (a) No, because liability of the owner could not be proved.
    2. (b) No, because the name and address of the publisher printed on the pamphlet is fictitious. The person/s or instance/s responsible for the distribution of the pamphlet, could also not be identified.
      1. (i) and (ii) Fall away.
  3. (3) No, except to say that unless new information becomes available, the investigation is regarded as finalized.
Publication: Face to Face with the ANC *7. Mr P G SOAL

asked the Minister of Law and Order:

  1. (1) Whether, with reference to his reply to Question No 11, standing over, on 6 October 1987, the Police investigation into the publication “Face to Face with the ANC” has been completed; if not, why not; if so, (a) when, (b) what were the findings and (c) what action has been taken as a result of this investigation;
  2. (2) whether he will release the names of the publisher and printer of this publication ; if not, why not; if so, (a) what are their names and (b) what action has been taken against them;
  3. (3) whether he will make a statement on the matter?
The MINISTER OF LAW AND ORDER:
  1. (1) Yes.
    1. (a) During October 1987.
    2. (b) The publication was printed but not distributed. No offence was committed in terms of the provisions of section 18 of the Publications Act, 1974 (Act 42 of 1974) or section 9 of the Newspaper and Imprint Registration Act, 1971 (Act 63 of 1971).
    3. (c) None. The case docket was submitted to the Attorney-General for a decision. He declined to institute prosecution.
  2. (2) No, because no offence had been committed.
    1. (a) and (b) Fall away.
  3. (3) No.
Noordhoek/Khayelitsha: squatters removed *8. Mr J J WALSH

asked the Minister of Constitutional Development and Planning:

  1. (1) Whether any squatters were removed from Noordhoek to Khayelitsha on or about 2 December 1987; if so, (a) on whose authority and (b) in terms of what statutory provision;
  2. (2) whether all the squatters so removed were provided with temporary housing; if not, why not; if so, (a) what was the nature of the temporary housing provided, (b) for what period will it be made available and (c) what assistance will be given in respect of the provision of permanent housing;
  3. (3) whether any transport assistance has been given to those with employment in Noordhoek; if not, why not; if so, what assistance;
  4. (4) whether he will make a statement on the Government’s policy on forced removals?
†The MINISTER OF CONSTITUTIONAL DEVELOPMENT AND PLANNING:
  1. (1) Yes.
    1. (a) When alternative sites at Khayelitsha were offered to the squatters on 2 December 1987, they packed and loaded their belongings and demolished their structures voluntarily.
    2. (b) No statutory provision was instituted, because the squatters moved voluntarily.
  2. (2) Yes.
    1. (a) Tents and basic facilities were provided to the squatters.
    2. (b) Temporary housing will be provided until an alternative can be offered to the squatters.
    3. (c) The aspect of permanent housing will be considered at a later stage.
  3. (3) No.
    Public transport is available.
  4. (4) No.
Internal Security Act: detainees *9. Mrs H SUZMAN

asked the Minister of Law and Order:

  1. (a) How many persons have been detained in terms of section 29 of the Internal Security Act, No 74 of 1982, since 6 February 1987 and (b) in respect of what date is this information furnished?
The MINISTER OF LAW AND ORDER:
  1. (a) 491 persons.
  2. (b) 9 February 1988.
Emergency regulations: detainees under 18 years *10. Mrs H SUZMAN

asked the Minister of Law and Order:

  1. (1) Whether any persons detained under emergency regulations in 1987 were under the age of 18 years at the time of being so detained; if so, how many;
  2. (2) whether charges have been or are to be laid against any persons under the age of 18 years; if so, (a) against how many persons and (b) what charges in each case?
†The MINISTER OF LAW AND ORDER:
  1. (1) Yes, 1 338 persons.

The following persons were however in detention on 12 February 1988:

Under 15 years of age

none

15 years of age

5

16 years of age

89

17 years of age

140

234

I want to emphasize that of this total of 234 juveniles, 169 are being detained in Natal in connection with the violence there.

  1. (2) Yes.
    1. (a) 343 persons.
    2. (b) On a variety of charges inter alia
      Possession of unlicensed firearms Sedition
      Kidnapping
      Murder
      Public violence
      Malicious damage to property
      Arson
      Assault
      Promoting the aims of a prohibited organisation
      Intimidation
      Conspiring to commit public violence Possession of petrol bombs Attempted arson
      Attempted murder Robbery
      Theft
      Terrorism
      Possession of prohibited publications Rape
      Sabotage
      Possession of explosives
Mrs H SUZMAN:

Mr Speaker, arising out of the hon the Minister’s reply, could he tell the House how many of those young people are still in detention now?

The MINISTER:

Mr Speaker, I said that that was the number of people in detention on 12 February, 1988.

*11. Mrs H SUZMAN

—Law and Order.

[Reply standing over.]

Rabies *12. Mr R J LORIMER

asked the Minister of Agriculture:

Whether any cases of rabies were reported to his Department in 1987; if so, (a) how many, (b) where did these cases occur and (c) what steps were taken in each case?

†The MINISTER OF AGRICULTURE:

Yes.

  1. (a) 711

(b) Transvaal Region

36

Northern and Eastern Transvaal Region

169

High Veld Region

102

Free State Region

78

Natal Region

178

Eastern Cape Region

45

Western Cape Region

12

Lebowa

1

KwaZulu

56

Transkei

34

  1. (c) All dogs in the rabies controlled areas of Natal and Northern Transvaal are annually inoculated against rabies and all dogs and cats in a radius of 16 km around an outbreak area also inoculated after each outbreak. All movements of dogs and cats to, within and from the rabies controlled areas are subject to permit control. During 1987 altogether 755 463 dogs were inoculated against rabies.
Urban development: agricultural land lost *13. Mr R J LORIMER

asked the Minister of Agriculture:

What is the estimated area that was lost for agricultural purposes as a result of urban development in the 1986-87 financial year?

The MINISTER OF AGRICULTURE:

8 937 hectares.

*14. Mr S S VAN DER MERWE

—Law and Order.

[Reply standing over.]

*15. Mr S S VAN DER MERWE

—Justice.

[Reply standing over.]

Old Crossroads/Mahobe Drive: local authority *16. Mr J J WALSH

asked the Minister of Constitutional Development and Planning:

  1. (1) Whether, with reference to his reply to Question No 633 on 7 October 1987, a local authority is to be established incorporating the cleared land between Old Crossroads and Mahobe Drive; if not, why not; if so, when will elections be held for this local authority;
  2. (2) on what basis will the Administrator of the Cape Province allocate the sites in this area prior to the establishment of this local authority?
†The MINISTER OF CONSTITUTIONAL DEVELOPMENT AND PLANNING:
  1. (1) The cleared land between Old Crossroads and Mahobe Avenue falls within the area of jurisdiction of the Crossroads Town Committee established by P N197/1987 of 16 April 1987. An election for members of the local authority will be held on 26 October 1988.
  2. (2) The Administrator, who administrates the town at present, has already allocated sites to different private developers who will erect and market houses to the black inhabitants of Old Crossroads.
Mfundisweni Street, Khayelitsha *17. Mr J J WALSH

asked the Minister of Constitutional Development and Planning:

  1. (1) Whether his Department constructed a building situated in Mfundisweni Street, Section A, Village I, Khayelitsha; if so, when;
  2. (2) whether this building is vacant at present; if not, for what purpose is it being used; if so, (a) why and (b) for what period has it been vacant?
†The MINISTER OF CONSTITUTIONAL DEVELOPMENT AND PLANNING:
  1. (1) No.
  2. (2) Falls away.
Crude oil: average rand cost per barrel *18. Mr R R HULLEY

asked the Minister of Economic Affairs and Technology:

  1. (1) What was the average rand cost per barrel of crude oil imported into the Republic in 1987;
  2. (2) what was the rand cost per barrel of such oil imported into the Republic as at the latest specified date for which figures are available?
†The MINISTER OF ECONOMIC AFFAIRS AND TECHNOLOGY:
  1. (1) R36,8421.
  2. (2) R35,0293 during January 1988.
Equalization fund: balance *19. Mr R R HULLEY

asked the Minister of Economic Affairs and Technology:

  1. (1) What was the balance in the Equalization Fund as at the latest specified date for which information is available;
  2. (2) what was the balance in the Central Energy Fund as at 31 December 1987?
The MINISTER OF ECONOMIC AFFAIRS AND TECHNOLOGY:

(1) 31 January 1988

R440,0 million

Less: Trust funds for BLS Countries

R 45,0 million

Net

R395,0 million

(2) R3 445,8 million

Mr D J N MALCOMESS:

Mr Speaker, arising out of the hon the Minister’s reply, can he tell us, in the light of the hon the State President’s recent announcements, what the intention is with that fund and what will happen to the money in it?

The MINISTER:

Mr Speaker, I would do so with pleasure, but I do not think I can at this stage. In my opinion that should be the subject of another question.

Crude oil: landed cost in USA dollars per barrel *20. Mr R R HULLEY

asked the Minister of Economic Affairs and Technology:

In respect of the latest specified date for which figures are available, (a) what was the landed cost in South Africa of crude oil in United States dollars per barrel, (b) what, in respect of 93-octane petrol, was this cost expressed in cents per litre at the pump and (c) what elements comprised the marketing margin in the latest petrol price composition?

†The MINISTER OF ECONOMIC AFFAIRS AND TECHNOLOGY:
  1. (a) USA dollar 17,8644 during January 1988.
  2. (b) The above-mentioned cost is not directly taken into account in the South African price for 93 octane petrol. The average landed cost of 93 octane petrol of 4 refineries—three in Singapore and one in Bahrein—is being used as basis to determine the South African price. The landed cost currently reflected in the price of 93 octane is 33,700 c/1. The current underrecovery experienced is accommodated in the cumulative over and under-recovery account.
  3. (c) The marketing margins for the oil companies and the retailers consist of all those costs normally incurred to distribute and market petrol and both margins are subject to price control.
White teachers at schools for Blacks *21. Mr K M ANDREW

asked the Minister of Education and Development Aid:

  1. (1) Whether any schools for Blacks in the Cape Peninsula have in their employ White teachers who were not employed at those schools in 1987; if so, (a) how many such teachers are involved, (b) why were they so employed, (c) what subjects are they (i) qualified to teach and (ii) teaching and (d) at which schools are they teaching;
  2. (2) whether there were any qualified Black teachers available to fill the posts taken by new White teachers; if so, (a) how many and (b) why were they not employed?
The DEPUTY MINISTER OF EDUCATION:
  1. (1) Yes.
    1. (a) 4L
    2. (b) They were the most suitable candidates selected after advertising. The posts concerned are mainly in specialist fields.
    3. (c)
      1. (i) Technical, commercial and academic subjects.
      2. (ii) As in (c)(1) above.
    4. (d) Luhlaza Secondary School, Crossroads No. 3 Secondary School, Langa Comprehensive School and Guguletu Comprehensive School.
  2. (2) No.
    1. (a) and (b) fall away.
Cape Peninsula: teachers retrenched *22. Mr K M ANDREW

asked the Minister of Education and Development Aid:

  1. (1) Whether any qualified teachers employed at schools for Blacks in the Cape Peninsula were retrenched in 1987; if so, (a) how many, (b) why in each case, (c) what subjects were they qualified to teach and (d) at which schools were they teaching when they were retrenched;
  2. (2) whether any qualified teachers employed on a temporary basis at such schools in 1987 we’re not re-employed when they re-applied for their posts; if so, (a) how many, (b) why in each case, (c) what subjects were they qualified to teach and (d) at which schools were they teaching?
†The DEPUTY MINISTER OF EDUCATION:
  1. (1) No.
    1. (a), (b), (c) and (d) fall away.
  2. (2) No.
    1. (a), (b), (c) and (d) fall away.
Greater Edendale area, Pietermaritzburg *23. Mr R M BURROWS

asked the Minister of Defence:

  1. (1) Whether, at the request of any Ministerial colleague, members of the South African Defence Force have been stationed in or designated to patrol the Greater Edendale area of Pietermaritzburg; if so (a) since what date have members of the Defence Force been present in this area, (b) what results have been achieved by their presence and (c) by whom was the said request made;
  2. (2) whether he will make a statement on the matter?
The DEPUTY MINISTER OF DEFENCE:
  1. (1) No. In accordance with prescribed procedures such requests are made at departmental level. A request was in fact received along the latter channel and the facts pertaining to the support given by the SA Defence Force to the SA Police are as follows:
    1. (a) Since 4 November 1987.
    2. (b) It contributed to prevent the further increase of unrest related incidents.
    3. (c) The Divisional Commissioner for the Natal Division of the SA Police.
  2. (2) No.
Greater Edendale area, Pietermaritzburg *24. Mr R M BURROWS

asked the Minister of Law and Order:

  1. (1) Whether the South African Police have conducted an inquiry into the events in the Greater Edendale area of Pietermaritzburg since July 1987; if not, why not; if so, (a) how many persons were murdered in politically inspired violence between 1 July 1987 and the latest specified date for which figures are available and (b) what were the results of the inquiry;
  2. (2) whether he or his Department has taken any steps to ensure that law and order is re-established in this area; if so, what steps; if not, why not;
  3. (3) whether he will make a statement on the matter?
†The MINISTER OF LAW AND ORDER:
  1. (1) Yes.
    1. (a) A number of persons have been killed, but because it cannot yet be established beyond doubt from the investigations, which deaths can be ascribed to faction fights, ordinary crime or politically inspired crime, it would not be opportune to furnish figures at this stage.
    2. (b) 254 persons were charged in a large number of cases, inter alia on charges of murder, attempted murder, assault with the intent to do grievous bodily harm, arson and public violence. These persons are presently awaiting trial.
  2. (2) Yes.
    A number of temporary bases have been established, from where a large contingent of the South African Police, supported by units of the South African Defence Force, operate on a 24-hour basis. They render preventative duties and ensure that law and order are maintained in the area.
    In addition, an investigation team comprising a large number of experienced detectives under the command of a senior officer is presently investigating cases that have emanated from the violence. They leave no stone unturned in locating and charging those persons who have committed acts of violence. The results achieved thus far are both positive and encouraging.
  3. (3) Yes. It is the aim of the South African Police, and we are irrevocably committed thereto, to maintain law and order in South Africa.
    From the steps that have been taken thus far to normalize the situation in the Republic and also in the Pietermaritzburg area, it is clear that the South African Police is well on its way to achieving that aim.
Std 10 examinations: matriculation exemption *25. Mr K M ANDREW

asked the Minister of Education and Development Aid:

What percentage of students from schools falling under his Department who wrote the Std 10 examination at the end of 1987 passed (a) with and (b) without matriculation exemption?

The DEPUTY MINISTER OF EDUCATION:
  1. (a) 14,39%.
  2. (b) 35,8%.
    Therefore, in total 50,26% passed.
Nyanga: action against two youths *26. Mr J VAN ECK

asked the Minister of Law and Order:

  1. (1) Whether members of the South African Police took any action against two persons, in respect of whom certain particulars have been furnished to the Police for the purpose of the Minister’s reply, in Nyanga on or about 19 January 1988; if so, (a) what action, (b) why, (c) what are their names and (d) what were the circumstances surrounding this incident;
  2. (2) whether the Police have received any complaints from these persons in regard to this incident; if so, (a) when and (b) what was the purport of the complaints;
  3. (3) whether the matter has been investigated; if not, why not; if so, with what result?
†The MINISTER OF LAW AND ORDER:

Mr Speaker, before I reply to this question, I would like to express my dismay at the unparliamentary manner in which the hon member has misused this incident to slander South Africa and especially the South African Police. [Interjections.]

The hon member made allegations to the Sunday Tribune that the South African Police had assaulted and tortured two persons. Without the Police having been approached for comment, these allegations were published in detail in this newspaper.

As a result of the newspaper report, the matter was thoroughly investigated and proved to be unsubstantiated. At the insistence of the Police the same newspaper a week later reported on the findings of the investigation.

On 8 February 1988 the hon member put the question to which I must reply today. Nevertheless, last Friday during the no-confidence debate he misused the House of Assembly for publicity and personal gain.

According to my information, the hon member brought the two complainants to the House of Assembly and pre-arranged with several less sympathetic journalists to be ready outside Parliament to photograph him and the complainants, after he had repeated his allegations during the no-confidence debate. [Interjections.] His actions were pre-meditated and the sole purpose was to give further negative publicity to his unsubstantiated allegations. As a result of this, I was obliged to issue a press statement about the matter on 12 February 1988, a copy of which is attached.

Keeping these facts in mind, I would now like to reply to the question by the hon member.

  1. (1) Yes.
    1. (a) Two Black youths were detained for questioning.
    2. (b) Because they were found together with a group of approximately 15 Black youths under suspicious circumstances.
    3. (c) The names furnished by the hon member.
    4. (d) The group of Black youths was found by a Police patrol under suspicious circumstances. When they were approached by the Police patrol they threw away books and pamphlets and fled. The two youths were stopped, detained and taken to the Nyanga Police Station for questioning. After the books and pamphlets had been perused and the youths have given an acceptable explanation for their behaviour, they were allowed to leave.
  2. (2) Yes.
    1. (a) On 22 and 25 January 1988
    2. (b) that they had allegedly been assaulted and tortured by the Police.
  3. (3) Yes. From the investigation it is clear that the allegations of the two youths, which were accepted without question by the hon member and spread to the press, are false.

The two youths were given the opportunity to point out the office or premises where the alleged assault took place, but were unable to do so.

When they were asked whether they would be prepared to point out their alleged assailants at an identification parade, they refused and said that they would be unable to do so.

Furthermore, they alleged that metal rings, attached to an electric current, were placed on their little fingers and electric shocks administered to them. The district surgeon made no mention of possible injuries to their fingers.

The two youths were given every possible opportunity to assist the investigating officer in tracing their alleged assailants, but to no avail.

If they were injured in any way whatsoever, it was not at the hands of the South African Police. After thorough investigation, the South African Police and I are satisfied that the two youths were not assaulted or tortured by the Police.

Press release by the Minister of Law and Order, as referred to in reply to Question No. 26:

Following allegations made by the member for Claremont, Mr Jan van Eck, in the House of Assembly today in regard to alleged assaults and torture of certain people by members of the South African Police, I wish to state that in one of the cases the allegations made had already been thoroughly investigated after Mr Van Eck had made the allegations to the press.

I wish to refer to the particular allegation, which concern two youths who claimed that they had been taken to a police station in the Western Cape, beaten up and tortured:

A senior police officer was instructed to investigate the matter thoroughly.

The youths were questioned and taken to the police station (where they alleged the assaults took place) and asked to point out the offices or premises concerned.

They were allowed to inspect every room and office at the police station in their own time and allowed complete freedom of movement.

They were unable to point out the alleged place of assault or any item which could have been used in such an alleged offence.

When asked whether they would be prepared to point out their alleged assailants at a identity parade, they refused and said they would be unable to do so.

Furthermore, according to the allegations, metal rings were placed on their little fingers and attached to electric currents.

The youths were examined by a district surgeon who made no mention of any possible injury to their fingers.

The South African Police is satisfied after a thorough investigation, that the two youths were not assaulted or tortured by the police.

If they had been injured in anyway whatsoever, it was certainly not at the hands of the South African Police.

They were given every opportunity to assist the investigating officer in tracking down their alleged assailants with no avail.

I am satisfied there is absolutely no evidence whatsoever to subtantiate the allegations.

As far as the other case mentioned by Mr Van Eck, is concerned, I will have the matter investigated.

Mr D J N MALCOMESS:

Mr Speaker, on a point of order, in the interests of good parliamentary practice, may I enquire from you whether it is appropriate to use the opportunity when a question is being answered to reprimand an hon member of parliament? [Interjections.] Regardless of who might be reprimanded and of what might lead up to it, I feel that in the interests of parliamentary practice the matter should be clarified.

Mr SPEAKER:

Order! I am satisfied that the hon the Minister acted quite properly and I am satisfied with the tone of his answer. [Interjections.]

†Mr J VAN ECK:

Mr Speaker, arising from the reply of the hon the Minister, I want to ask him how long after the incident, the alleged assault, the district surgeon examined them.

†The MINISTER:

Mr Speaker, I do not have the information for which the hon member is asking me now. I shall have it investigated and supply the hon member with a reply.

†Mr J VAN ECK:

Mr Speaker, further arising from the reply of the hon the Minister, may I ask him whether he thinks it is possible for people with bags over their heads to recognize the police who tortured them: If people cannot see, how can they recognize the people who torture them?

Caledon Square: complaint by Mr J van Eck *27. Mr J VAN ECK

asked the Minister of Law and Order:†

  1. (1) Whether a member of Parliament tried to lodge a complaint at the charge office at Caledon Square on 14 December 1987; if so, what was the person’s name;
  2. (2) whether he was refused permission to lodge a complaint; if so, (a) by whom and (b) in terms of what statutory provision;
  3. (3) whether he was ordered to leave the charge office; if so,
  4. (4) whether he was informed that he would be detained in terms of the emergency measures if he ignored the above-mentioned order; if so, in terms of what statutory provision;
  5. (5) whether he lodged a complaint about the incidents in the charge office with the Police; if so,
  6. (6) whether the matter has been investigated; if not, why not; if so, with what result?
The MINISTER OF LAW AND ORDER:
  1. (1) No, however the hon member for Claremont did call at the charge office and vehemently argued with the officer of the South African Police who spoke to him. He refused to make a statement when he was given an opportunity to do so.
  2. (2) No.
    1. (a) and (b) fall away.
  3. (3) No. The hon member was however extremely impatient and argumentative. Through his behaviour he inconvenienced other members of the public who were present in the charge office. As a result of his uncontrolled behaviour, he was requested to leave the charge office unless he was able to restrain himself and make a statement. He was also informed that he could resort to a higher authority if he disapproved of the arrangement. The hon member departed of his own accord.
  4. (4) Falls away.
  5. (5) Yes, a telephonic complaint was lodged with the Divisional Commissioner, Western Province.
  6. (6) Yes, the case docket was submitted to the Attorney-General for a decision. He declined to prosecute the officer concerned because no criminal offence had been committed. The Divisional Commissioner of the Western Province Division also did not take any departmental steps against the officer concerned because the allegations of the hon member proved to be unsubstantiated.
†Mr A L JORDAAN:

Mr Speaker, during the reply of the hon the Minister of Law and Order, the hon member for Claremont repeatedly said: “That is a lie.” I should like to ask for your ruling in this connection.

†Mr SPEAKER:

Order! Did the hon member for Claremont say that while the hon the Minister was replying?

†Mr J VAN ECK:

Yes, Mr Speaker.

†Mr SPEAKER:

Order! The hon member must withdraw that immediately.

†Mr J VAN ECK:

Mr Speaker, I am sorry, but I cannot withdraw it.

†Mr SPEAKER:

Order! I just want to make quite sure of one aspect. What did the hon member for Claremont mean when he said “That is a lie”?

†Mr J VAN ECK:

Mr Speaker, I meant that the reply of the hon the Minister was not the truth.

†Mr SPEAKER:

Order! In other words, the hon member meant that the hon the Minister was telling the House a lie.

†Mr J VAN ECK:

Mr Speaker, I meant that the hon Minister was giving incorrect information to this House.

†Mr SPEAKER:

Order! I want to give the hon member every opportunity to clarify this matter for me so that I can make a ruling about it. Am I correct in saying that the hon member meant by his words to the hon the Minister, namely “That is a lie”, that the hon the Minister was telling the House a lie?

†Mr J VAN ECK:

Mr Speaker, I meant that the information furnished by the hon the Minister here this afternoon is incorrect information, and that it is not the truth. However, I do accept that the hon the Minister himself does not know that it is an untruth.

†Mr SPEAKER:

Order! Is the hon member’s explanation then that he is not alleging that the hon the Minister is telling a lie, but that the information given by the hon the Minister is not the truth in the opinion of the hon member?

†Mr J VAN ECK:

Mr Speaker, that is correct.

†The LEADER OF THE HOUSE:

Mr Speaker, on a point of order: If this is the explanation of the hon member for Claremont, I want to say with all due respect that that is not what it means when someone says “That is a lie”. I should therefore like to suggest that he should withdraw that.

†Mr SPEAKER:

Order! I am inclined to agree with the hon the Leader of the House, and I want to tell the hon member for Claremont that I do not think that it is parliamentary for us to address one another in that manner. Therefore the hon member must withdraw his words to the hon the Minister, namely “That is a lie”.

†Mr J VAN ECK:

Mr Speaker, I withdraw them.

Own Affairs:

Publication: Cadet Training Programme: Manual (1986) *1. Mr R R HULLEY

asked the Minister of Education and Culture:

  1. (1) Whether the Cape Education Department issued a publication entitled “Cadet Training Programme: Manual (1986)”; if so,
  2. (2) whether he has received any complaints about the contents of this publication; if so, (a) from whom, (b) what was the nature of these complaints and (c) what steps were taken as a result;
  3. (3) whether he will make a statement on the matter?
†The MINISTER OF EDUCATION AND CULTURE:
  1. (1) Yes;
  2. (2) yes,
    1. (a) Mr R R Hulley, MP, on behalf of the Cape Provincial Congress of the PFP,
    2. (b) A complaint was lodged regarding the references in the Cadet Manual to the physical fitness of the German nation at the beginning of the Second World War. It was further alleged, according to the complaint, that the Cadet Manual contained approving references to the National Socialist Germany of the time, this being offensive to those whose parents were victims of Nazism during the Second World War,
    3. (c) the manual is being revised and those sections which can give offence are deleted in the process;
  3. (3) no.
Universities/technikons: salary position of tertiary teaching staff *2. Mr R M BURROWS

asked the Minister of Education and Culture:

  1. (1) Whether he has received any representations concerning the salary position of tertiary teaching staff at universities and/or technikons; if so, (a) what was the nature of the representations and (b) on what dates were they received;
  2. (2) whether he or his Department has considered these representations; if not, why not; if so, with what result;
  3. (3) whether there is a backlog in tertiary level salaries; if so,
  4. (4) whether this backlog is to be relieved in 1988; if not, why not;
  5. (5) whether he will make a statement on the matter?
The MINISTER OF EDUCATION AND CULTURE:
  1. (1) No,
    1. (a) and (b) fall away;
  2. (2) falls away;
  3. (3) and (4) policy concerning salaries falls under the Minister of National Education;
  4. (5) no.
Inter-school sport: new guidelines *3. Mr R M BURROWS

asked the Minister of Education and Culture:

  1. (1) Whether his Department has devised new guidelines regarding inter-school sport; if so, (a) when were such guidelines submitted to provincial education councils for consideration and (b) what was the reaction of each council to these guidelines;
  2. (2) whether it is the intention of his Department to make such guidelines applicable to schools falling under its control; if not, why not; if so, when will such guidelines (a) be made applicable and (b) be made public;
  3. (3) whether he will make a statement on the matter?
†The MINISTER OF EDUCATION AND CULTURE:
  1. (1) Yes,
    1. (a) Cape Province: 26-27 October 1987
      Natal: 27 October 1987
      Orange Free State: 26 October 1987
      Transvaal: 26 October 1987
    2. (b) each education council accepted the draft policy with thanks and suggested a few minor alterations;
  2. (2) yes,
    1. (a) as soon as the comment has been finalised and the policy has been laid down,
    2. (b) as soon as the policy has been laid down;
  3. (3) no.
Provincial education councils: meetings *4. Mr R M BURROWS

asked the Minister of Education and Culture:

  1. (1) Whether any meetings of provincial education councils took place in 1987; if so, (a) when and (b) where did these meetings take place:
  2. (2) whether these meetings were open to the public; if not, on whose decision were any such meetings closed to the public;
  3. (3) whether any members of the public were requested to leave such meetings; if so, who;
  4. (4) whether the decision to open or close such meetings to the public is vested in each council; if not, why not; if so, when were the relevant regulations (a) adopted by each council and (b) advertised publicly;
  5. (5) whether he will make a statement on the matter?
The MINISTER OF EDUCATION AND CULTURE:
  1. (1) Yes,

(a)

(b)

Cape Province:

24-8-1987 and 26 and 27-10-1987

Cape Town

Natal:

26-8-1987 and 27-10-1987

Pietermaritzburg

OFS:

20-8-1987 and 27-10-1987

Bloemfontein

Transvaal:

31-8-1987 and 26-10-1987

Pretoria;

  1. (2) yes, the inaugural meetings were all open to the public but for some agenda points during the second meeting the councils went into committee, the ruling being made by the chairman, in each case. For the full second meeting, the Transvaal Education Council went into committee in accordance with a decision of the council;
  2. (3) yes,

Cape Province:

all non-members

Natal:

the hon. member for Pinetown and two representatives of the press

OFS:

all non-members

Transvaal:

no;

  1. (4) yes,

(a) Cape Province:

not finalized as yet

Natal:

27-10-1987

OFS:

20-8-1987

Transvaal:

21-8-1987,

(b) the Procedural Rules have not been published. Section 5 (7)(a) of the National Educational Policy Act, 1967 (Act 39 of 1967) specifies that the Provincial Education Councils determine their own rules and procedures;

  1. (5) no.
Schools: admission of non-White pupils *5. Mr K M ANDREW

asked the Minister of Education and Culture:

Whether any schools falling under education departments under his control requested permission to (a) admit specific pupils who were not White and (b) open their schools to nonWhite pupils over the past three years; if so, (i) which schools and (ii) what was (aa) his response and (bb) the reason for his response?

†The MINISTER OF EDUCATION AND CULTURE:
  1. (a) Yes,
    1. *(i) Rhenish Primary School
      Victoria Girls’ High School
      York High School
      St. Michaels’ School
      Brebner High School
    2. (ii)
      1. (aa) permission was refused,
      2. (bb) in terms of par. 2 of Addendum 1 to the Constitution of the Republic of South Africa, 1983 (Act 110 of 1983) the provision of education is an own affair;
  2. (b) yes,
    1. (i) Rustenburg High School for Girls
      Rustenburg Junior School
      Camps Bay High School
      Camps Bay Primary School
      Camps Bay Preparatory School
      South African College School
      Rondebosch Boys High School
      Rondebosch Preparatory School
      Westerford High School
      Grove Primary School
      Glenwood High School,
    2. (ii)
      1. (aa) permission was refused,
      2. (bb) see (a)(ii)(bb) above.

*This list does not include the following:

  1. (a) state schools which admit pupils in terms of the Act on Diplomatic Privileges, 1951 (Act 71 of 1951)
  2. (b) private schools
  3. (c) subsidized schools
  4. (d) private or subsidized pre-primary schools.
Cape Province: financial assistance to schools *6. Mr K M ANDREW

asked the Minister of Education and Culture:

  1. (1) Whether direct or indirect financial assistance to schools in the Cape Province (a) changed over the past three years and (b) is due to change in 1988; if so, (i) what are the changes, (ii) when, (iii) why and (iv) what is the total amount involved;
  2. (2) whether schools are now permitted to charge compulsory school fees; if so, (a) since what date and (b) on what basis; if not, (i) why not and (ii) what steps are these schools permitted to take in order to obtain funds for additional expenses?
The MINISTER OF EDUCATION AND CULTURE:
  1. (1) (a) Yes,
    1. (i) the departmental contribution to the upkeep of sports facilities was suspended,*
    2. (ii) 1 April 1987,
    3. (iii) in order to remain within the budget,
    4. (iv) the amount can only be determined after the end of the current financial year;
  2. (b) yes,
    1. (i) the departmental contribution to irrigation of, and electricity supply for sports facilities was suspended and schools are expected to finance 10% of all telephone costs,
    2. (ii) 1 April 1988,
    3. (iii) in order to remain within the budget,
    4. (iv) the amount can only be determined after the end of the 1988/89 financial year;
  3. (2) no,
    1. (a) and (b) fall away,
      1. (i) the matter is still under consideration,
      2. (ii) schools may use any legal method to raise funds on a non-compulsory basis.

* Schools were also requested to effect savings on text-books, expendable items and water, electricity and telephone usage.

In addition to the reply, I should like to make the following statement:

The implementation of the new educational dispensation brought about a change in the way in which education is financed.

Under the previous dispensation the various provincial education departments presented their education budgets to the provincial administrations. These budgets were based on the actual expenses incurred in the preceding year with the due allowance for possible price increases and expansion. The provincial administrations in turn negotiated with Treasury for funds on the strength of those budgets.

It was sometimes possible for the provincial administrations to transfer funds budgeted for other purposes to education to make additional funds available.

At present funds are allocated to each state department responsible for education by using as a framework a formula developed by the Department of National Education. This formula is inter alia based on the pupil numbers of the state department involved. In appropriating the funds allocated in this way every state department determines its own priorities.

The Department of Education and Culture, Administration: House of Assembly, responsible for the provision of education for Whites, receives an amount of money which it then subdivides in accordance with the pupil enrolment in each province. It is accordingly no longer possible for a provincial education department to negotiate for additional funds. Each provincial education department determines its own priorities in respect of the appropriation of the funds allocated to it.

In the Cape, as in the other provinces, monetary provision is made for specific categories of services in order to meet the running expenses of schools. Payment for these services is the responsibility of the Cape Education Department. As far as the funds generated by schools themselves are concerned, the Cape Education Department is not prescriptive and schools determine their own priorities.

From 1970 to 31 March 1987 the Cape Education Department paid for the maintenance of sports facilities. This practice arose from a resolution of the Executive Committee under which the Provincial Administration made funds available to the education department. As the Cape Education Department, like the other provincial education departments, is at present solely dependent upon its annual subsidy allocation, this manner of financing is no longer possible.

There are procedures that schools in the Cape Province can follow in order to apply for financial assistance if they experience problems as a result of particular local circumstances. Each case is considered on merit and with the necessary understanding.

Schools in the Cape Province do not pay their full water and electricity accounts. They are only responsible for the levies on water and electricity used for sports fields and swimming pools. The Cape Education Department also pays the telephone subscription and ninety percent of all telephone calls. While a general call to economise applies at all times, it should be borne in mind that specific guidelines for economising in a particular year can only be given once the final estimates are known.

Although funds for education are limited, the Department of Education and Culture is determined to maintain a high standard of education. However, for this the Department needs the support of everybody involved. It is also necessary to bear certain realities in mind:

  • • The funds available for education are limited.
  • • A provincial education department must be administered with the amount allocated to it.
  • • At every level of education, as is also true for other state departments and other viable undertakings, it is imperative that priorities be determined.
  • • As all the education departments are free to determine their own priorities, it serves no purpose to lift out one aspect of an education department and compare it with a specific aspect of another education department or to make unwarranted deductions on the grounds of such a comparison.
  • • In future schools will to a certain extent be dependent upon the contributions of parent communities and other partners of education. However, nobody who cannot afford to contribute will be under any compulsion in this regard.

Against this background I wish to thank most sincerely principals of schools, parents and school communities who accept these realities with understanding and who, together with all our other partners, maintain the highest possible standard of education in our schools.

Std 10 examinations: matriculation exemption *7. Mr K M ANDREW

asked the Minister of Education and Culture:

What percentage of pupils from schools falling under his Department who wrote the Std 10 examinations at the end of 1987 passed (a) with and (b) without matriculation exemption?

†The MINISTER OF EDUCATION AND CULTURE:

(a)

(b)

Cape Province

40,38%

52,31%

Natal

48,6%

46,8%

OFS

41,28%

56,03%

Transvaal

42%

52,8%

Head Office*

1,7%

7,9%

Joint Matriculation Board

this information is not currently available

*The vast majority of these candidates are enrolled at technical colleges and enter for a small number of subjects only.

Mr D J N MALCOMESS:

Mr Speaker, may I address you on a point of order relating to your decision earlier in regard to the reply of the hon the Minister of Law and Order? On pages 80 to 82 of Parliamentary Procedure in South Africa, Kilpin discusses the issue of replies to questions. On page 74 of the Manual for Presiding Officers the following interpretation is given of the relevant section in Kilpin:

Mr Speaker is unable to lay down the form in which a Minister should reply to a question, but a Minister is expected to confine himself to the points contained in the question and must not use offensive, unbecoming or critical language, nor may he debate the matter to which the question refers.

May I therefore ask you, Sir, to reconsider your decision, after properly consulting Kilpin and perhaps May on parliamentary procedure.

Mr SPEAKER:

I will have a look at the authority from which the hon member quoted and I will give him a decision at a later stage.