National Assembly - 20 September 2000
WEDNESDAY, 20 SEPTEMBER 2000
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PROCEEDINGS OF THE NATIONAL ASSEMBLY
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The House met at 15:06.
The Deputy Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
QUESTIONS AND REPLIES - see that book.
NOTICES OF MOTION
Mr L V J NGCULU: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House - (1) notes the R2 million reward offered by Business Against Crime for information leading to the arrest and conviction of the perpetrators of the recent bombings in Cape Town;
(2) commends this initiative as a serious attempt by business to get involved in the fight against crime; and
(3) calls on the Government and business to consolidate this positive initiative and co-operate more closely in future.
[Applause.]
Mr V C GORE: Mr Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DP:
That the House -
(1) takes note of the Minister of Health’s statements blaming an apparent breakdown in communication between her department and the media for the heated debate surrounding the causal link between HIV and Aids, and of her planned meeting with newspaper editors to clarify the confusion surrounding the Government’s view on the link between HIV and Aids;
(2) takes note of the GCIS advertising campaign aimed at clarifying the Government’s position on HIV/Aids which added to the confusion, and that this money could have been used in projects aimed at addressing and preventing the spread of HIV/Aids; and
(3) urges the Minister and the GCIS rather to focus on sending out a clear and unambiguous message detailing efforts and plans to prevent the spread of HIV and Aids, and to refrain from causing confusion and uncertainty among members of the South African public.
[Applause.]
Mrs L R MBUYAZI: Mr Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:
That the House -
(1) applauds the swift action taken by Minister Narend Singh of KwaZulu- Natal and the Minister of Environmental Affairs and Tourism, Mr Valli Moosa, to shut down the Polifin plant on the south coast of KwaZulu- Natal after the third leakage of noxious and toxic gases;
(2) recognises that their actions indicate that the Government is serious about environmental issues; and
(3) calls on the Government to -
(a) undertake regular inspections;
(b) take action against repeat defaulters in this regard; and
(c) even amend the existing legislation.
Mr J H MOMBERG: Mr Chairman, I hereby give notice that on the next sitting day of the House I will move:
That the House -
(1) notes with great concern and sadness the tragic deaths of two members of the Navy in Simon’s Town;
(2) believes that tensions amongst members of the Defence Force should not lead to unnecessary loss of life;
(3) calls on the authorities to urgently investigate this tragic affair; and
(4) expresses its condolences to the families of the deceased.
Dr B L GELDENHUYS: Voorsitter, ek gee hiermee kennis dat ek op die volgende sittingsdag namens die Nuwe NP sal voorstel:
Dat die Huis -
(1) met weersin kennis neem van die moord op twee polisiemanne gister in KwaThema aan die Oos-Rand en meegevoel met die onderskeie familielede betuig;
(2) met besorgdheid kennis neem van die feit dat dit die vierde polisielid is wat binne vier dae in Suid-Afrika vermoor word;
(3) dit as geheel en al onaanvaarbaar beskou dat daar elke 37 uur een polisiebeampte in Suid-Afrika vermoor word; en
(4) die owerheid versoek om toe te sien dat die booswigte wat polisiebeamptes vermoor so gou as moontlik gevang en die swaarste vonnisse denkbaar opgelê word. (Translation of Afrikaans notice of motion follows.)
[Dr B L GELDENHUYS: I hereby give notice that on the next sitting day I shall move on behalf of the New NP:
That the House -
(1) notes with disgust the murder of two policemen in KwaThema on
the East Rand yesterday and expresses its sympathy with the
respective family members;
(2) notes with concern the fact that four police members have been
murdered in the past four days in South Africa;
(3) considers it entirely unacceptable that a police official is
murdered in South Africa every 17 hours; and
(4) requests the authorities to see to it that the criminals who
murder police officials are apprehended as quickly as possible and
receive the harshest possible sentences.]
Chief N Z MTIRARA: Mr Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the UDM:
That the House -
(1) notes -
(a) with dismay and disappointment the Government's attitude and
response to the plight of traditional leaders, which rejects
their compromises and proposals concerning the intransigent
position of the Government that municipalities should replace
traditional leadership in rural areas in respect of the local
governance of traditional communities;
(b) further that the response by the President shows the enormous
gap that exists between the understanding of traditional leaders
and that of the state in respect of the development of rural
areas and the aspirations of rural communities; and
(c) in conclusion, that the Government does not seriously attach
respect to the significant values of traditional leadership as a
bastion of African culture; and
(2) supports traditional leaders in their call -
(a) that the President should set aside adequate time to hold
discussions with traditional leaders around this issue at a
national indaba; and
(b) that the President should involve the intervention of political,
cultural, religious and other role-players in the consideration
of the value and potential ... [Interjections.] [Time expired.]
Ms B P SONJICA: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House -
(1) notes that both President Thabo Mbeki and Minister Ronnie Kasrils have announced a crucial milestone scheme under which a basic water supply of 6 000 litres will be freely provided to poor households;
(2) further notes that the proposed 6 000 litres of free water per month to poor families is the minimum requirement for a family of eight, while consumers of more water should pay more;
(3) commends the President, the Minister and the ANC Government for their commitment to bringing about sustainable change for the country’s poorest citizens; and (4) calls on the Government to expedite the implementation of this scheme so that poor people can begin to benefit from it sooner rather than later.
[Applause.]
Ms C DUDLEY: Mr Chairperson, I hereby give notice that on the next sitting day of the House I will move on behalf of the ACDP:
That the House -
(1) notes that exposure guidelines in South Africa for commonly emitted compounds are clearly inadequate when compared with protection guidelines elsewhere;
(2) acknowledges that these chemicals negatively affect respiratory, cardiovascular, immune and nervous systems, impair development and cause cancer;
(3) further notes that evidence shows that countries which have enforced stricter environmental regulations have shown substantial savings and economic growth; (4) further acknowledges that solutions cost money in the short term, but the long-term benefits are more than worth the investment, especially since the multinational corporations that invest in a country through environmental care are more likely to stay and benefit; and
(5) calls on the Government to move beyond guidelines and formulate and enforce stronger and more stringent standards.
Mr G E BALOI: Mr Chairperson, I hereby give notice that on the next sitting day of the House I shall move:
That the House notes -
(1) that the forthcoming municipal local elections, that will be held in November 2000, should uphold the intention and seriousness of real democracy in South Africa;
(2) that the IEC is prepared to run them in a sophisticated way, and independently;
(3) that any irregularities or intimidation or any related matter will be taken to the IEC itself; and
(4) that the results of the outcome of the elections will be free and fair to all.
Mr B G MOLEWA: Mr Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House -
(1) notes -
(a) with dismay the allegation in the editorial in Business Day of
20 September 2000 that the ANC-SACP-Cosatu alliance is
``artificial";
(b) the ANC-SACP-Cosatu alliance is an alliance forged in the
struggle for the attainment of a nonracial, nonsexist and
democratic South Africa; and
(c) that the SACP and Cosatu have pledged their unconditional
support for the ANC in the forthcoming local government
elections;
(2) believes that this alliance is different from the Democratic Alliance which seeks to preserve white privileges in a new democratic order …
[Time expired.] [Applause.]
Mr T D LEE: Mr Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DP:
That the House -
(1) notes with dismay attempts by the ANC Government to abolish provincial housing development boards and allocate their tasks to provincial Ministers of Housing;
(2) recognises that it is better for an independent body to make decisions on matters such as housing projects and the prioritisation of spending on housing;
(3) expresses its concern at the potential for corruption and the abuse of power if decisions on housing projects rest solely in the hands of ANC politicians; and
(4) calls on the Minister of Housing to put the interests of all the people who need housing ahead of the electoral fortunes of the ANC.
Mr M A MZIZI: Mr Chairperson, I hereby give notice that on the next sitting day of the House I will move:
That the House -
(1) notes the huge backlog in criminal trails due, inter alia, to the large number of cases that are being postponed in an attempt to save time and money; and
(2) is of the view that criminal cases of accused persons who are in custody should henceforth be dealt with and postponed at court sessions which are held at the premises of the relevant prisons.
Miss M N MAGAZI: Mr Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House -
(1) notes the recent statement by the Leader of the Opposition at the US- SA Business Council in Washington that this Government offers many excuses for South Africa’s poor performance, but that the core problem is a crisis of confidence;
(2) further notes that statements such as these by senior politicians no doubt contribute to the negative view and hesitation of foreign investors to come to South Africa;
(3) informs Mr Leon that, since sending out his negative message, Mercedes’ C-Class production worth R1,6 billion has been moved to South Africa and that Iscor has won a R3,6 billion Japanese supply deal; and
(4) calls on Mr Tony Leon to behave in a responsible manner and to assist our Government in bringing direct foreign investment to our country. [Applause.]
Adv D M BAKKER: Mr Chairperson, I hereby give notice that on the next sitting day of the House I shall move:
That the House -
(1) reaffirms its commitment to the Rules of the National Assembly governing the procedures of this House, with specific reference to Rule 3(1) in terms of which a Rule of this House can only be suspended by a resolution of the House, and Rule 5 in terms of which these Rules also apply to the President of the Republic of South Africa;
(2) notes that the Rules dealing with Questions contained in Chapter 10 of the Rules of the National Assembly were suspended on 21 June 2000, and replaced by agreed upon guidelines through a resolution adopted by the House;
(3) expresses its concern about the manner in which a resolution of this House was unilaterally suspended; and (4) notes that actions like these are not doing well in upholding democratic principles in the House.
Mr M N RAMODIKE: Mr Chairperson, I hereby give notice that on the next sitting day of the House I will move on behalf of the UDM:
That the House -
(1) notes -
(a) with shock revelations made by the Minister of Defence during a
TV interview on the evening of 18 September 2000, concerning the
violation of the right to confidentiality of soldiers purported
to be infected with HIV/Aids;
(b) that the Minister's public statements tarnish the image of his
own department and officials of this department; and
(c) in conclusion, that the Government's policy on HIV/Aids is
inconsistent since the President and the Minister of Health do
not agree with the scientific community, as well as Cosatu and
the SACP, that HIV is the cause of and a related disease to
Aids; and
(2) calls on Government to protect the image of public servants, and to respect the right to confidentiality of HIV/Aids patients, and to desist from inconsistency and contradictions on the HIV/Aids policy.
Mr M E GEORGE: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House -
(1) notes -
(a) reports that Daimler Chrysler launched South Africa's production
of its right-hand drive Mercedes Benz; and
(b) that the plant will produce 40 000 luxury cars annually for
export to the right-hand drive markets, including the United
Kingdom, Asia and Australia;
(2) believes that this new development will create job opportunities in the most impoverished province in our country, the Eastern Cape; and
(3) welcomes this development and agrees that this will contribute towards building a better life for the people of the Eastern Cape and the entire country.
[Applause.]
ALLOCATION OF SPEAKING TIMES
(Draft Resolution)
Mr G Q M DOIDGE: Chairperson, on behalf of the Chief Whip of the Majority Party, I move the draft resolution printed in his name on the Order Paper, as follows:
That, notwithstanding the provisions of Rule 106, the following times be allocated to parties for comment on the statement by the Minister for Agriculture and Land Affairs on foot-and-mouth disease:
Minister: 10 minutes; African National Congress: 5 minutes; Federal
Alliance: 3 minutes; all other parties: 2 minutes each.
Agreed to.
POSTPONEMENT OF SECOND READING DEBATE ON LOCAL GOVERNMENT: MUNICIPAL SYSTEMS BILL AND LOCAL GOVERNMENT: MUNICIPAL STRUCTURES AMENDMENT BILL
(Draft Resolution)
Mr G Q M DOIDGE: Chairperson, on behalf of the Chief Whip of the Majority Party, I move the draft resolution printed in his name on the Order Paper, as follows:
That, notwithstanding Rule 253, the Second Reading debate on the Local Government: Municipal Systems Bill [B 27B - 2000] (National Assembly - sec 75) and the Second Reading debate on the Local Government: Municipal Structures Amendment Bill [B 51B - 2000] (National Assembly - sec 75) be conducted tomorrow. Agreed to. FOOT-AND-MOUTH DISEASE
(Statement)
The MINISTER FOR AGRICULTURE AND LAND AFFAIRS: Chairperson, hon members, five days ago I was notified of the outbreak of foot-and-mouth disease in the Camperdown area of KwaZulu-Natal. By now we are all quite aware of this outbreak. Cabinet was formally briefed on this matter this morning as was the Portfolio Committee on Agriculture and Land Affairs.
The outbreak of foot-and-mouth disease is a serious matter. My department responded promptly and decisively to these incidents with this understanding in mind. Consequently, all indications are that we have contained the outbreak. We need to fully appreciate what has happened. The current outbreak is the first time this virus has been diagnosed in South Africa and also the first occurrence of foot-and-mouth disease in our country since 1957, outside of the FMD-controlled area - which is the Kruger National Park.
Foot-and-mouth disease is caused by a virus and it affects cloven-hooved animals such as cattle, pigs, sheep, goats and game, often causing an epidemic. Once vaccines are available, these are primarily used as preventative measures in controlled areas. The outbreak of foot-and-mouth disease is not unique to South Africa or to the developing world. This is a potential problem affecting all farming nations.
The current character of the virus detected is known as the Type O virus. My department has established that this virus has occurred, in recent years, in Korea, Japan, Brazil, Mongolia and Saudi Arabia. The preliminary tests that have been done by our Onderstepoort biological institute have indicated that the Type O virus that we are dealing with is typical of that which is found in Saudi Arabia and Bangladesh.
Our response measure has been premised on three strategic approaches, namely control, communication and investigation. The infection was confirmed by a laboratory examination on Friday, 15 September, and the stamping-out operation was completed on Sunday, 17 September. In order to contain the infection, we isolated the farm to prevent any access to the area, and we destroyed approximately 677 animals, primarily pigs, disposing of these animals according to international practice.
The affected premises are being disinfected to ensure that we can indeed prevent the spread of the disease. We have placed 10 roadblocks on roads leading to the affected farm and have extended protection by creating a 10 km boundary around the affected area. Furthermore, animals in the 10 km area are being tested in order to establish the extent of the spread of the infection.
A further 20 km-radius surveillance zone has been declared around the 10 km restriction area. We have instituted intensive zoosanitary measures in the area, including animal and human movement control and active surveillance on the premises. These measures will be maintained for at least 30 days. Consistent with our commitment to transparency and accountability, Government informed all our trading partners immediately after confirming the outbreak.
On Sunday, 17 September, we informed our Southern African Development Community partners, as well as the European Union. We had also informed the World Animal Health Organisation by Monday, 18 September. As part of our public education awareness campaign, we met with the local farmers in the area to discuss the control measures that have been put in place and to solicit their support and co-operation. We deployed personnel in the neighbouring villages to inform people about the outbreak and to explain the importance of reporting any sign of infection in their animals.
We have established a command centre to manage operations in the area, and Government has also been communicating with the broader public through the media to inform them about developments in the area. We have used radio, particularly in KwaZulu-Natal - Radio Ukhozi - to ensure that we reach as many people as possible in their own language, as we know that the Zulu name for foot-and-mouth disease is ``isifo samatele’’.
Isifo samatele. Wo! baba uShenge, amatele. [Foot-and-mouth disease. Wo! Father Shenge, it is foot and mouth disease.]
This is to ensure that, indeed, people will understand and relate in their languages what the virus we are dealing with is all about. The Deputy Minister and I also had a meeting yesterday with members of the executive council, as well as with the officers responsible for veterinary services throughout the country. We did this because we understand the national consequences that we have as a country in order to contain the spread of the disease.
We are also in agreement with all the MECs that so far the control measures are adequate to give confidence to the farmers, the public and our trading partners. We would like, at this stage, actually to commend the work that was done by the officials in KwaZulu-Natal and the national department, as well as the work done by the farmer himself, who advised us on time that there were symptoms of this disease on his farm.
We have also launched an investigation system to establish the source of the infection and the economic impact of the outbreak. Furthermore, we are continuing with the tests and analysis of this particular virus with the intention of developing a better understanding of its epidemiology and containment.
I have also appointed officials to investigate the implications of the application of these control measures for all concerned. Today the Cabinet approved the declaration of a controlled area and the gazetting of comprehensive control measures and other measures as may be needed, such as controlling the particular land that is affected.
The principles guiding these measures are that they have to ensure the satisfactory management of risk to prevent the spread of the disease; to portray the commitment of the Government to acting efficiently and decisively; to eradicate the foreign virus from our country; and to ensure that we are reasonably and scientifically justified in restoring trust with producers and our trading nations, and that we should also, as part of these principles, ensure that we do not impede the trade in and export of agricultural products from the rest of the country not affected by the disease. I will be making further announcements on this in the immediate future.
The unfortunate outbreak of this disease can be regarded as an isolated incident that is under control and restricted, at least, to that one farm. The rest of the foot-and-mouth-disease-free zone in South Africa is not affected by this outbreak. Consequently, the marketing and export of animals and animal products from the rest of the free zone should not be affected.
We do, however, note that Namibia, in particular, has already indicated to us that they have imposed a temporary ban on pork products and live animals, particularly pigs and cloven-hooved animals, from South Africa, and specifically from areas such as KwaZulu-Natal and Mpumalanga.
Botswana has made an indication, but they have not given us their commitment to a temporary ban in writing. We are in discussion with the European Union, particularly on the measures that we have put in place. They had a meeting yesterday, and they will accordingly inform us of the decision they have taken in this regard.
I want to say, in closing, that I have been encouraged by the fact that during this entire exercise, South Africans have shown their ability to band together to deal with a common crisis facing the nation. We have received great support and co-operation from the local farming community, the local authority, the provincial government, as well as from other provincial governments that have seconded their veterinary officials to the province to deal with the matter.
We have also spoken to the Defence Force to give us their veterinary personnel to actually assist in the area. We would also like to commend the work that the SAPS has done, particularly in the province of KwaZulu-Natal. We have been assured by the national commissioner that they will reinforce their support to ensure that, indeed, we are able to effect decisively all the controls that we have put in place.
I would like, once again, to appeal to all farmers, traders and members of the public whose pigs have died to assist in the investigation by contacting our command centre to supply us with information, using the number that we will make available.
Again, I would like to thank hon members for their support and the work that they, on their own, have already done in ensuring that they spread the message, and call on people to inform and notify the authorities should they discover that some of their animals have been affected. [Applause.] Mr G B D McINTOSH: Chairperson, of course, as Mr Momberg knows, the problem for politicians is foot-in-mouth disease, not foot-and-mouth disease. [Interjections.] I would like to congratulate the Minister on a very clear summary, and I think that she and her provincial colleagues can be proud of it. In the case of the Minister, one would say, by turning the expression to the negative: Ikati alilali eziko. [Food is being prepared]. She has done a good job and is to be complimented.
I think what we can learn from this is the importance of the veterinary services. Many of us who are not farmers may not be aware that a veterinary service is absolutely critical in the phytosanitary requirement in maintaining international trade in agricultural products. We have in KwaZulu-Natal a veterinary service at the Allerton Laboratories, which celebrated its centenary about three years ago. It is world-class, and I pay tribute to what it has done in this latest incident.
Furthermore, the community has been amazing. MTN offered 10 cellphones; the PMB Municipality sent people to help; the Army sent four people; the Mpumalanga province sent 23 people; and North West and Gauteng sent six people each. A command centre has been set up, and there is even a website which one can be consulted to keep up to date regarding this condition.
I believe the real message is the importance of maintaining quality institutions in agriculture, particularly in research. They do not go in cycles. Those organisations and institutions in our society must be funded consistently and well if we are going to be a winning nation. I think we can all be very proud of the way this whole foot-and-mouth outbreak has been handled. South Africa is the winner. [Applause.]
Mr G B BHENGU: Chairperson and the House at large, the outbreak of foot-and- mouth disease in Camperdown should be seen as a major crisis confronting our country, South Africa, particularly the Department of Agriculture. I would like to congratulate the farmer concerned and other farmers who are affected, the provincial Minister of Agriculture, Mr Singh, the national Minister and other provincial Ministers that were able to move very swiftly and transparently in addressing the problem. I understand that yesterday Minmec was at the scene.
Also, international government co-operation has been excellent and the spirit of federalism has proved itself to be alive. This is a good example of intercommunication and good relations that has happened in the province of KwaZulu-Natal. We are also supportive of the manner in which our neighbouring countries in SADC were alerted to the problem by the Minister. We need to trust our neighbours and the international community.
In order that the crisis receives the attention it merits, members of the portfolio committee will be visiting the area on Monday. We shall thoroughly examine what has been done thus far and we will be able to conscientise the community, with a view to making sure that no stone is left unturned in containing the outbreak. [Time expired.]
Dr W A ODENDAAL: Mr Chairman, for those of us who were not able to attend the portfolio committee meeting, could the Minister tell us how this outbreak occurred? What happened? What technical things happened, please? Secondly, can she give us the assurance that the outbreak did not occur because of a shortage of personnel in the veterinary service of her department because she had to face such severe budget cuts in the past? Thirdly, game parks in Africa have opened up to visitors from all over the world. This has increased the risk of foot-and-mouth disease spreading to South Africa and to other parts of the world. What steps did the Minister take or is she going to take to ensure that outbreaks such as this one in Natal will not occur in future?
Mr S ABRAM: Chairperson, one must naturally congratulate the role-players, in this case the national and provincial departments, as well as our veterinarians and other stakeholders, who have acted swiftly in containing this dreaded disease. However, one should not be panic-stricken as a result of this incident, which appears to be isolated. From what we hear from our scientists and veterinarians, it seems to be an isolated strain of foot-and- mouth disease. One should also be extremely careful not to go on a rampant immunisation exercise throughout the country. I think that sort of panic would be totally unnecessary, because one has to bear in mind that in future countries that are importing meat and related products from us would want to make doubly sure that the effects of the immunisation campaign are not felt in the products that are being exported.
I am in total agreement that the best method is the one that has been adopted up to now - that of destroying the animals, and isolating the area where this has occurred. But I believe that we need to employ some or other control mechanisms to see to it that this sort of disease is not imported into our country. I understand that this particular virus could have been introduced as a result of some activities at our port, as a result of certain ships docking there from various parts of the world. In this case I understand that it was a ship from the Far East, Taiwan or somewhere there. I think our port authorities and other agencies will have to be extremely vigilant in future. For the present we congratulate the department and we offer them whatever assistance we can. [Time expired.]
Ms C DUDLEY: Chair, it is clear from the Minister’s statement that prompt and decisive measures have been taken in response to this disaster. Many farmers, however, are concerned that not enough is being done to contain the virus. Their biggest concern has been that there are not enough personnel to enforce the blockade around the infected farm and the 10 km radius that has been cordoned off. Up until yesterday, army and police presence was still not noticeable.
International regulations require that all harbours must dispose of swill from ships. It appears that relevant legislation in South Africa is not clear enough on the issue of disposal. More specific regulations are needed to control the disposal of waste, which must be tested for health purposes before permits are issued. It is a priority that swill be controlled at all points of entry.
The investigation into these matters will not only determine which ship brought in the contaminated swill, but whether the disposal of this swill was done illegally or not. It appears that in terms of relevant legislation Portnet may be responsible, as they have entered into a contract which makes this swill an import by definition. If so, Portnet would only be fined a ludicrous sum of R8 000. On the other hand farmers who have been affected will not only have to handle the stock losses, but be liable for the huge expenses incurred by the department in putting down animals. Any compensation would be discretionary, but unfairly deducted from a bill produced by the department. The Deputy Minister, however, has recognised the disaster farmers are facing and has said that although the Act says that farmers shall reimburse the state, the state can choose whether or not they will send that bill. The ACDP calls on Government to keep in place the most stringent measures to contain and eradicate the foot-and-mouth-disease outbreak in KwaZulu, to take the necessary steps to reduce the risk of a repeat performance, urgently to arrange for the compensation of farmers and other innocent victims of the outbreak and, if necessary, to prosecute anyone who has acted unlawfully and may have caused the outbreak.
Genl C L VILJOEN: Mnr die Voorsitter en agb Minister, ek kan vanmiddag uit ondervinding praat, want in 1956 en 1957 was ek persoonlik betrokke by die bekamping van die uitbreking van bek-en-klouseer wat plaasgevind het tussen Alberton en Heidelberg. Ek was ‘n militêre pelotonbevelvoerder wat deel was van die kordon wat die gebied moes afkamp.
Nou wil ek graag vir die Minister sê eerstens is spoed met optrede baie belangrik. Dit was vir ons moontlik om daardie gebied by wyse van paaie af te kamp. Ons het elke 5 kilometer ‘n militêre tent gehad met ‘n militêre patrollie en ons het 24 uur per dag daardie paaie gepatrolleer. Ons het verder gesorg dat daar in die interseksies waar die paaie mekaar gekruis het persone was wat die voertuie gevisenteer het. Geen vleis, geen velle of iets van dié aard is toegelaat om deur te beweeg nie. Die hele stelsel was goed ondersteun deur baie ‘n lewendige veeartsenydiens en dit het ongelukkig lank gevat.
Die agb Minister moet dus besef dat as die wil daar is, as sy met spoed optree en as sy uiters streng maatreëls toepas - en dit is baie belangrik, want die mense gaan haar probeer kul en uit daardie gebied probeer uitbeweeg - en dit volhou vir solank as wat die veeartsnydiens aanbeveel, is ek oortuig sy kan dit oorkom. Ons wens haar alle sukses toe met die bekamping hiervan. (Translation of Afrikaans speech follows.)
[Gen C L VILJOEN: Mr Chairperson and hon Minister, this afternoon I can speak from experience, because in 1956 and 1957 I was personally involved in combating the outbreak of foot-and-mouth disease which occurred between Alberton and Heidelberg. I was the commander of a military platoon which was part of a cordon that had to fence off the area.
Now I would like to say to the hon the Minister that first of all, speedy action is very important. It was possible for us to fence off that area by way of the roads. Every 5 kilometres we had a military tent with a military patrol and we patrolled those roads 24 hours a day. Furthermore, we ensured that there were people at the road intersections to search vehicles. No meat, hides or anything of that kind was allowed to go through. The whole system was well supported by a very active veterinary service, but, unfortunately, it took a long while.
The hon the Minister must therefore realise that if the will is there, if she acts speedily and if she applies extremely tough measures - and that is very important, because people will try to deceive her and will try to leave that area - and persists in doing this for as long as the veterinary service recommends, I am convinced she will be able to overcome this. We wish her all the best in combating this disease.]
Mr P H K DITSHETELO: Mr Chairperson, I wish to thank the hon the Minister for her statement on this unfortunate epidemic, and congratulate her on her speedy reaction to it.
The question is: Where did the swill come from? We should identify the place of origin and also probe the knowledge of the existence of such feed from the supplier, in order to get first-hand information. Was the supply a genuine business transaction in good faith, or did the supplier know beforehand of the possibility of the existence of the disease?
Having obtained all the relevant facts, preventative measures should be implemented. For example, future imports and animal feeds should be carefully analysed to detect the possibility of a similar occurrence, certificates of guarantee of any type of disease should be supplied by the supplier’s veterinary surgeon, and, upon arrival at our ports of entry, strict measures should be enforced to ensure that our country is not used as a dumping place for undesirable products.
Our neighbouring states such as Namibia and Botswana in particular, should have consulted with us before making an overhasty decision. They should be reminded of the saying: People who live in glass houses should not throw stones. In Setswana, we say: ``Matlo go šwa a a mabapi.’’
We have the ability and the will to keep this outbreak in check, provided we make additional resources available. Dr M S MOGOBA: Mr Chairperson, the PAC congratulates the Minister and the department on the manner in which they have handled this situation.
Foot-and-mouth disease is difficult to anticipate, because it hits a country without warning. We appreciate the prompt response to this threat to our agriculture and food resources. The fact that the Minister quarantined the affected area very speedily is appreciated. The role played by the police is also appreciated, and we hope that, if needs be, the Army will also be called in to help with this particular problem.
We appreciate the calling of veterinary officers from many parts of the country to converge on this danger zone. Going to more expense, and having more energy and more person-power deployed at the time of the crisis is cheaper than acting slowly and trying to react to the disease as it breaks out.
I hope the issue of compensation and help for the farmers that are affected will also be considered, because we must realise that any farmer could have been affected in this manner. I notice that in England, when they had mad cow disease, very many creative methods and initiatives were brought into play. I, particularly, remember them using the cows that grazed next to the freeways to carry posters in order to compensate for the loss of income because of the disease.
When cows are affected with disease they cost the owners a great deal. We appreciate what has been done and we hope that it will be watched very carefully, and any other matters required will be taken.
Dr A I VAN NIEKERK: Mr Chairperson, I would like to compliment the Minister and the department for taking very prompt action in this regard. It is important that we react quickly to this. I do not know if members fully realise the consequences of what would have happened if we did not take full and quick action in this regard.
It could have led eventually to the banning of all agricultural exports from South Africa, if it was not contained. The tourists would not come in or leave this country, because there are certain ways in which other countries protect their own animals and flocks. So, it is a tremendous effort that is needed to contain the spread of this disease. Dit is baie belangrik, want as ons dit nie kan doen nie, is ons internasionale handel onmiddellik op die spel, en as ons internasionale handel op die spel is, kan ‘n mens net dink wat sal gebeur as Suid-Afrika sy landbou moet inboet omdat ons niks kan doen nie. Die belangrike punt van hierdie hele optrede is dat ons ‘n veterinêre en landbounavorsingsinfrastruktuur het wat in staat is om volgens wêreldnorme die fitosanitêre en zoösanitêre maatreëls in plek te hou. Hierdie vermoë is nodig. (Translation of Afrikaans paragraph follows.)
[This is very important, because if we cannot do it, our international trade is immediately in jeopardy, and if our international trade is in jeopardy, one can just imagine what would happen if South Africa has to forfeit its agriculture because we cannot do anything. The important aspect of this whole action is that we have a veterinary and agricultural research infrastructure which is able to implement phytosanitary and zoosanitary measures according to world standards. This capacity is essential.]
The capacity to comply with international norms is absolutely essential. And, if we do not keep up with these standards, we will eventually run into the problem where we cannot comply with standards and, then, sanctions, in terms of trade, would be imposed on us or we would simply not be allowed to export.
I have a serious question to ask the hon the Minister: Does she have enough money available to keep this research and expertise within the department? Nobody outside the department can do this job. The international world only trusts the government of the day to give a certificate, and not the private sector. We have to keep up these standards even when nothing and no diseases are prevalent, so that when an outbreak such as this one occurs, we are able to do something about it.
Dit is absoluut belangrik, want ons is ook blootgestel aan baie meer invoere in hierdie land. Baie meer skepe kom by die hawens in. Daar is meer vliegtuie. Daar is meer toeriste wat goed inbring wat hulle nie moet inbring nie. Daar is meer grensposte. In watter mate is ons in hierdie land in staat om ‘n kontrole uit te oefen en seker te maak dat ons nie op hierdie manier blootgestel word nie. Die feit dat die Minister vinnig opgetree het, is … (Translation of Afrikaans paragraph follows.) [This is of the utmost importance, because we have many more imports to this country. Many more ships arrive at the harbours. There are more aeroplanes. There are more tourists bringing in things which they should not bring in. There are more border posts. To what extent are we in this country able to exercise control and to ensure that we are not exposed in this way? The fact that the Minister acted speedily is …]
… as they say, a feather in her cap. But, on the other hand, it is a tremendous responsibility to keep this in place and not let it deteriorate over time, so that when nothing happens, we think that nothing will happen. [Time expired.]
Miss S RAJBALLY: Mr Chairperson, I wish to thank the Minister for introducing this item for debate. The meat export industry makes up a significant part of total agricultural exports. Therefore, the outbreak of foot-and-mouth disease unavoidably results in a restriction on international trade that costs South Africa millions. Ironically, the outbreak of foot-and-mouth disease manifested itself just when the Saudi Arabian government had lifted a nearly 20 year-ban on the importation of cattle and beef from South Africa.
Although no existing evidence suggests that foot-and-mouth disease can seriously affect human health, it nevertheless results in a huge loss of productivity. Research indicates that, following the outbreak of foot-and- mouth disease in 1965, the United Kingdom destroyed 450 000 animals and, even more disastrous, in 1977, Japan lost 2 million pigs. Within two weeks, it spread to 13 000 farms. Every conceivable effort must be made to promote awareness, and preventive measures should be employed to avoid the spread of the disease, especially in the rural areas, where communication and infrastructure is either lacking or inefficient.
Considering the fact that South Africa is still a developing country, we cannot afford any further economic loss. The effectiveness of the cordon fence system and the killing of infected animals to control foot-and-mouth disease is only a temporary solution. Therefore, at the international level, we have to invest our energy in seeking scientific help to possibly produce a vaccine that may permanently prevent or eliminate foot-and-mouth disease. Mr C AUCAMP: Mr Chairperson, it seems to me that my question to the President today has already had positive results, because no speaker in this debate called foot-and-mouth disease a legacy of the past.
Ek wil konsentreer op ‘n paar sake …
‘n AGB LID: Waar is jy, Cassie?
Mnr C AUCAMP: In die kol!
As reaksie wil ek die departement, die Minister en die provinsiale owerheid en die boeregemeenskap gelukwens met die positiewe en die spoedige reaksie. Ek sluit hierby ook ons mense by Onderstepoort in. Die AEB suig nie sommer dinge uit sy duim nie. Ek was in verbinding met twee groot landbou- organisasies en daar is ook tevredenheid by hulle oor hoe hierdie saak gehanteer is.
‘n Belangrike saak - die Minister het dit aangeraak - is, hoe gaan ons die persepsies omtrent hierdie probleem kommunikeer? ‘n Mens kan maar net dink aan wat gebeur het in Brittanje met die malkoeisiekte. Watter geweldige skade het die persepsies op die end gelaat, en nie net die werklikheid nie! Daarom is ek ook dankbaar vir die duidelike taal van die Minister se verklaring sodat daar geen twyfel oor is nie. Duidelike taal is nodig oor hierdie siekte en oor wat die gevolge en die oorsake daarvan is. Ek dink as ons dieselfde duidelike taal in die vigsdebat gehad het, het ons al verder gestaan.
Met betrekking tot voorkoming is dit baie duidelik dat dit ‘n ingevoerde siekte is. Kom ons skerp ons kontroles by ons hawens op en sorg dat hierdie ook ‘n saak word op die tafel van die SAOG en ons buurlande.
In die laaste instansie rig ek ‘n versoek tot die Minister. Hierdie hele aangeleentheid kan persepsies laat wat naburige lande afskrik om ons vleis in te voer soos nou reeds met Namibië gebeur het. Dit kan lei tot ‘n ooraanbod van rooivleis. Kan ons dan ‘n versoek rig dat daar ‘n embargo geplaas word op die invoer van rooivleis uit Nieu-Seeland en Australië, wat hier gedump word, om hierdie mark tydelik te stabiliseer. Dit is ‘n versoek wat ons aan die Minister rig.
Sterkte met die aanpak van hierdie probleem. Mag ons spoedig die resultate kry. (Translation of Afrikaans paragraphs follows.)
[I want to concentrate on a few issues …
An HON MEMBER: Where are you, Cassie?
Mr C AUCAMP: On target!
In response I want to congratulate the department, the Minister and the provincial authority and the farming community on the positive and quick reaction. I also include in this our people at Onderstepoort. The AEB does not suck things out of its thumb. I have been in touch with two large agricultural organisations and they are also satisfied with the way in which this matter was handled.
An important matter - the Minister has touched on it - is how we are going to communicate the perceptions around this problem. One merely has to think of what happened in Britain with mad cow disease. What tremendous damage was caused eventually by the perceptions, and not only by the reality! I am therefore also grateful for the clear language of the Minister’s statement so that there is no doubt in this regard. Clear language is necessary with regard to this disease and with regard to what its consequences and causes are. I think that if we had had the same clear language in the Aids debate, we would have had made progress.
With regard to prevention it is very clear that this is an imported disease. Let us step up our controls at our harbours and see to it that this matter also becomes relevant for SADC and our neighbouring countries.
In the final instance I would like to address a request to the Minister. This entire matter could create perceptions which deter neighbouring countries from importing our meat, as has now already happened with Namibia. This could lead to an oversupply of red meat. Could we then request that an embargo be placed on the importation of red meat from New Zealand and Australia, which is dumped here, to stabilise this market temporarily. This is a request we are addressing to the Minister.
Everything of the best with tackling this problem. May we see the results soon.]
Mr M A MAPHALALA: Mr Chairperson, we are grateful for the prompt response by the farmer concerned, as well as by the department, the staff of the department and the Ministry.
This disease was discovered by the farmer that owns the pig. It was not discovered by a foreigner. That farmer immediately decided to alert the veterinarians.
The point that was made by the hon Odendaal was very unfortunate. Perhaps, if they were better organised, the person who represents the party in the committee would have briefed Mr Odendaal on what had happened.
There was a prompt response by all sections that were affected, and that is why we are discussing this matter today. We are indeed grateful to the Minister’s department and we are also grateful to the director-general.
We appreciate very much the work that was done by this farmer and, indeed, I wish the farmer was also here to listen to all the speakers, who listened carefully when the Minister briefed us this morning in the committee meeting. We all appreciated that without exception. There was unanimous appreciation for the Minister’s report.
We would rather propose the following. In future, perhaps, there needs to be an improvement in the interdepartmental co-ordination among the Department of Water Affairs and Forestry, the Department of Environmental Affairs and Tourism, the Department of Agriculture and Land Affairs, and probably the Department of Provincial and Local Government as well. Local authorities are dealing with the disposal side of waste, so if there is that kind of linkage, perhaps we will be able to prevent this kind of occurrence taking place again.
We would also appreciate and recommend the strengthening of the regulation measures. Some of the speakers before me have already indicated this. With regard to waste, there must be clear regulations. For instance, in this case, from the port authorities to the point at which the waste is to be disposed of, we need to have a clear regulation as to what needs to happen in that area. We believe that in that way we will improve our work.
I do not think the question of the shortage of personnel comes in at all here. There was a very decisive and timeous response all the way, so that does not indicate any shortage of personnel. On the question of military deployment, we do not want to go back to a military-type of society in South Africa. We think that it is sufficient to have police deployed in that area to cordon off the area, to mount road blocks and so on, but not necessarily to deploy the army and seem as if we are in a war situation again.
What we need to do is talk to the communities in that area so that they understand the outbreak of this disease and the presence of the police, and so that they are able to control themselves. If you say people must not enter a certain area, they must be aware consciously of what the reason is. We should not deploy soldiers with guns and everything. We have other work that soldiers need to do. Yes, vets from the army, perhaps, can be deployed to assist in that area, but not the army as such.
As a committee, we have agreed that we need to apprise ourselves of the situation. Therefore, we need to go into the area and see exactly what is going on, and talk to the people in that area. So the entire committee will be going there. Perhaps if Mr Odendaal wants to join the committee he must talk to his party so that he is also informed fully as to what has happened. Otherwise, the Minister did inform us of the causes …
[Time expired.] [Applause.]
Debate concluded.
CROSS-BORDER INSOLVENCY BILL
(Second Reading debate)
The DEPUTY MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Chairperson, hon members of the House and comrades, the Bill before this House emanates from the SA Law Commission’s interim report, titled Review of the Law of Insolvency: The Enactment in South Africa of Uncitral’s Model Law on Cross-Border Insolveny. Uncitral is yet another UN-driven acronym, and this time it stands for the United Nations Commission on International Trade Law.
The issues addressed by the Bill might sound technical in nature, but the Bill will become a valuable instrument in regulating the behaviour of corporate delinquents. In line with its international prototype, the Bill seeks to expand and facilitate sanctions especially against transnational debt absconders.
The purpose of the model Bill is to promote a harmonised framework of modern and fair legislation for cases where the insolvent debtor has assets in more than one state. The international blueprint recognises conditions under which the person administering a foreign insolvency may have access to the courts of the state that has enacted the model law. It further determines the criteria whereby a foreign insolvency procedure may be recognised by a reciprocating state and criteria for providing relief to the representative of such a foreign insolvency action in certain instances. These uniform criteria facilitate effective co-operation between the courts and insolvency administrators from different countries and provide participating states with an effective tool to manage insolvency cases occurring concurrently in different states.
The Bill before us today therefore deals with the growing international phenomenon of transnational insolvency and has its roots in an internationally co-ordinated response to this blight. In my address I will highlight the important and advantageous interventions this legislation puts at our disposal, and I will also use this opportunity to give a brief summary of the background to and motivation for the development of the initial legislative framework, provide an overview of its objectives and expand on the plan to implement this internationally approved mechanism which has been designed with a view to curbing and discouraging reckless corporate behaviour.
Noting the limited time at hand, I would like to encourage all members to familiarise themselves with the extensively developed background introduction as detailed in the memorandum and the objects of the Bill. The rationale for the development of this legislation demonstrates a clear and deliberate commitment by South Africa to join the international community in clamping down on country-hopping insolvents.
The United Nations Commission on International Trade Law, in close co- operation with the International Association of Insolvency Practitioners, developed the Uncitral Model Law on Cross Border Insolvency over a number of years. On 15 December 1997, the General Assembly of the United Nations adopted a resolution, co-sponsored by South Africa, recommending that states review their legislation on cross-border insolvency and, in that review, give favourable consideration to the proposed model Bill.
As motivation for the necessity to promote this Bill, it is, amongst other things, argued that the increasing incidence of cross-border insolvencies is a direct consequence of the ongoing and ever-increasing global expansion of transnational trade and investment. National insolvency laws are often ill-equipped to deal with cases of a cross-national nature. This results in inadequate, inharmonious and often conflicting legal approaches that hamper timely interventions in financially ailing businesses.
The state of affairs was and still is not conducive to the equitable and efficient administration of cross-border insolvencies. More significantly, it has made near impossible the protection of the insolvent debtor’s assets against dissipation. As a result, the maximisation of the value of those assets has been severely hampered. The absence of predictability in handling cross-border insolvency cases impedes capital flows and has become a major disincentive to cross-border investment.
The model law, as contained in the Bill, has been adjusted to reflect its South African context, but in terms of striving for a satisfactory degree of harmonisation and certainty, it does not differ substantially from the Uncitral model law. There is, however, a material difference in the sense that the Bill has been amended so as to limit its application to designated states only.
The principal objects of this Bill are to promote and enhance all of the following: greater co-operation between the courts and other competent authorities of the Republic of South Africa and foreign states involved in cases of cross-border insolvency, greater legal certainty for trade and investment; a fairer and more efficient administration of cross-border insolvencies that protects the interests of all creditors and other interested persons, including the debtor; improved protection and maximisation of the value of the debtor’s assets; and the rescue of financially troubled businesses, aimed at protecting investments and preserving employment.
I would like to highlight a number of the more important clauses in the Bill that I believe hold special relevance for South Africa. In terms of clause 2, the Bill applies in the following cases. Firstly, it applies in a case in which assistance is sought in the Republic by a foreign court or representatives of the designated state in connection with foreign proceedings. ``Foreign proceedings’’ is defined, broadly speaking, as collective judicial or administrative proceedings in a foreign state under insolvency laws for the purpose of reorganisation or liquidation. The Bill will also apply in cases where assistance is sought in a designated state in connection with insolvency proceedings in the Republic of South Africa.
We can thus see that the Bill would significantly assist the co-ordination of concurrent insolvency proceedings in the Republic and one or more of the other designated states. We can also appreciate how this kind of international agreement facilitates the participation of foreign creditors, or other interested persons, in the designated state in insolvency proceedings taking place in this country.
An important objective of the Bill is to provide and expedite direct access for foreign representatives of designated states where interventions are under way. Clause 15 provides for simplified proof requirements and avoids legalisation requirements involving notarial or consular procedures.
Clause 17 is one of the key provisions of the Bill. It requires a court, upon the application of a foreign representative who has submitted the prescribed documentation, to recognise foreign proceedings unless they are judged to be manifestly contrary to the public policy of the Republic. Such an application must be decided on at the earliest time possible.
Another important remedy in the Bill is the interim relief measure provided for in clause 19. From the date of the application to the final court order, the court may apply its discretion to grant temporary relief where it is urgently required to protect the assets or the interests of creditors. This is specifically aimed at those cases in which the assets are perishable, susceptible to devaluation or otherwise in jeopardy.
In line with international precedence, the ranking of claims in respect of South African assets will be regulated by South African law, as described in clause 13(3). Furthermore, clause 32 provides that an ordinary concurrent creditor who has received payment outside South Africa, does not receive payment here regarding the same debtor until other creditors of the same class have received the same portion for their claims. Chapter 4 provides for co-operation with foreign courts and foreign representatives, and Chapter 5 provides for the co-ordination of proceedings in more than one country.
I have been informed that the Portfolio Committee on Justice and Constitutional Development, during its deliberations, expressed certain concerns about the Bill and consequently effected several important amendments to the legislation as originally tabled in Parliament. Firstly, the original Bill did not contain a reciprocity clause, in that reciprocity was not a requirement for granting representatives of foreign states recognition for purposes of the Bill. The committee noted that the effect of the absence of such a clause would be that representatives of foreign states would, for the purposes of the Bill, be granted recognition in South Africa, whilst no guarantee existed that South African representatives or a South African procedure would be recognised in foreign states.
The view was also expressed that it would be grossly unfair that South Africa, a small country in an increasingly globalised environment, should allow representatives of foreign states easy access to South Africa’s cross- border procedures when South African representatives could find it difficult and expensive to obtain similar recognition in foreign states. In view of this concern, the portfolio committee amended clause 2, tailoring it to suit our specific requirements.
Secondly, clause 3 of the original Bill specified that, to the extent that the Bill conflicts with an obligation of the Republic arising out of any treaty or other form of agreement to which it is a party with one or more states, the requirements of the treaty or agreement should prevail. The portfolio committee expressed reservations in respect of the constitutionality of such a provision. They thus deemed it appropriate to amend clause 3 of the Bill to make it clear that in the case of a conflict between the provisions of the Act and a treaty or agreement, the requirements of such a treaty or agreement would only prevail if it has been enacted into law.
I would like to take this opportunity to thank the chairperson of the portfolio committee, Adv Johnny de Lange, and the members of the committee for their careful analysis and scrutiny of the proposed legislation, their attention to detail, and their consistent efforts to shape and improve this and other legislation that comes before them. The amendments effected by the committee are, in my opinion, a strong indicator of the high standards this committee sets for itself in its approach to and processing of legislation in general, and this Bill in particular.
I would also like to thank the relevant officials for their dedication to the task at hand, and in this regard I would like to recognise the efforts of both Mr Johan Labuschagne from the legislation directorate and Mr Tienie Cronjé from the SA Law Commission.
Finally, I am proud to announce that if this Bill is approved and enacted, South Africa will be one of the first countries in the world to bring into effect the model law. This is a singular achievement for our country and another notch in the list of sterling legislative accolades we have recorded on our statute since 1994. [Applause.]
Debate concluded. Bill read a second time.
The House adjourned at 18:12. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Joint Tagging Mechanism (JTM) on 20 September 2000 found
that the South African Boxing Bill [B 58 - 2000] includes
provisions to which the procedure in section 75 of the
Constitution applies as well as provisions to which the procedure
in section 76 of the Constitution applies. Therefore, the Bill is
classified in terms of Joint Rule 160(6) as a mixed section 75/76
Bill.
Since there is no procedure whereby Parliament can pass such a
mixed Bill, the Bill is out of order.
(2) The Joint Tagging Mechanism (JTM) on 20 September 2000 in terms
of Joint Rule 161, classified the following Bills as money Bills:
(i) Adjustments Appropriation Bill [B 60 - 2000] (National
Assembly - sec 77) - (Portfolio Committee on Finance -
National Assembly).
(ii) Council for Medical Schemes Levies Bill [B 61 - 2000]
(National Assembly - sec 77) - (Portfolio Committee on Health
- National Assembly).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Special Review by the Auditor-General of the Selection Process of
Strategic Defence Packages for the Acquisition of Armaments at the
Department of Defence [RP 161-2000]. 2. The Minister of Finance:
(a) Report and Financial Statements of the Corporation for Public
Deposits for 1999-2000.
(b) Report and Financial Statements of the Development Bank of
Southern Africa for 1999-2000.
- The Minister of Transport:
(a) Report of the Regulating Committee for the Airports Company and
Air Traffic and Navigation Services Companies for 1999-2000.
(b) Report of the Regulating Committee for the Airports Company and
Air Traffic and Navigation Services Companies: Approach to the
2001/2 - 2005/6 Permissions.
- The Minister for Justice and Constitutional Development:
(a) Government Notice No R.501 published in Government Gazette No
21204 dated 19 May 2000, Amendment of the Rules of the
Magistrates' Courts made in terms of the Rules Board for Courts of
Law Act, 1985 (Act No 107 of 1985).
(b) Government Notice No R.502 published in Government Gazette No
21204 dated 19 May 2000, Amendment of the rules regulating the
conduct of the proceedings of the several Provincial and Local
Divisions of the High Court of South Africa, made in terms of the
Rules Board for Courts of Law Act, 1985 (Act No 107 of 1985).
(c) Proclamation No R.38 published in Government Gazette No 21353
dated 7 July 2000, Referral of matters to existing Special
Investigating Unit and Special Tribunal, made in terms of the
Special Investigating Units and Special Tribunals Act, 1996 (Act
No 74 of 1996).
(d) Proclamation No R.44 published in Government Gazette No 21410
dated 28 July 2000, Commencement of the Justice Laws
Rationalisation Act, 1996 (Act No 18 of 1996).
(e) Proclamation No R.52 published in Government Gazette No 21529
dated 1 September 2000, Commencement of sections 1 to 5 and 10 of
the Judicial Matters Second Amendment Act, 1998 (Act No 122 of
1998).
(f) Proclamation No R.53 published in Government Gazette No 21529
dated 1 September 2000, Commencement of section 2 of the Sheriffs
Amendment Act, 1998 (Act No 74 of 1998).
(g) Proclamation No R.54 published in Government Gazette No 21529
dated 1 September 2000, Commencement of sections 1, 2, 3, 4(2), 5,
6, 29 (with the exception of subsection (2)), 32, 33, and 34(1) of
the Promotion of Equality and Prevention of Unfair Discrimination
Act, 2000 (Act No 4 of 2000).
(h) Government Notice No R.850 published in Government Gazette No
21504 dated 1 September 2000, Amendment of Regulations made in
terms of the Prevention of Organised Crime Act, 1998 (Act No 121
of 1998).
(i) Government Notice No R.865 published in Government Gazette No
21519 dated 1 September 2000, Determination of amounts and
exclusion of employees for the purposes of section 98A of the
Insolvency Act, 1936 (Act No 24 of 1936).
(j) Government Notice No R.874 published in Government Gazette No
21517 dated 1 September 2000, Establishment of Equality Review
Committee and appointment of members thereof, made in terms of the
Promotion of Equality and Prevention of Unfair Discrimination Act,
2000 (Act No 4 of 2000).
COMMITTEE REPORTS:
National Assembly:
-
Report of the Portfolio Committee on Provincial and Local Government on the Local Government: Municipal Systems Bill [B 27 - 2000] (National Assembly - sec 75), dated 15 September 2000:
The Portfolio Committee on Provincial and Local Government, having considered the subject of the Local Government: Municipal Systems Bill [B 27 - 2000] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, presents a redraft of the Bill [B 27B - 2000] (National Assembly - sec 75).
The Committee further reports as follows:
The Committee believes that this Bill is crucial to the establishment of the new system of local government that will come into effect after the forthcoming local government elections. The new system is a considerable advance over the present system of local government. However, the new system will not be able to be fully implemented immediately after the elections. The ability of a municipality to appropriately implement the provisions of this Bill will depend crucially on issues of capacity, resources and funding. There are provisions, therefore, for the phasing in of aspects of the Bill and the need to take into account the differing capacities of municipalities in the way aspects of the Bill are implemented. These provisions have to be applied adroitly. In the processing of this Bill and in various briefings to the Committee, the Department set out its programme for the transformation of municipalities. The effective implementation of significant provisions of this Bill depends crucially on this programme of transformation, and the Committee urges that this programme be appropriately resourced and implemented. The Committee will be monitoring the implementation of this programme. The Committee understands that there was significant co- operation across Departments and Ministries in the process of bringing the Bill to Parliament. In view of the nature of the issues dealt with in the Bill and the extent to which they relate to the line-function responsibilities of several Departments and Ministries, the Committee feels that greater co-operation may have been necessary. As the policies and legislation of other Departments and Ministries are finalised, it may be appropriate in future to review some aspects of this Bill, especially if practical experiences in the transformation of municipalities also suggest this. The Committee is acutely aware that the appropriate implementation of the Bill depends on the necessary funding. Municipalities will have to increase their capacity to raise their own revenue. The implementation of this Bill will contribute to this, but the national and provincial governments will also have to consider reviewing their financial and other support for local government. There is a major review of local government finances under way at present, and the Committee urges that progress on this review be expeditiously advanced. The effective implementation of this Bill depends also on the political will of public representatives in all three spheres of government. The success, ultimately, of the implementation of this Bill depends on the concerted co-operation of all three spheres of government.
Report to be considered.
-
Report of the Portfolio Committee on Provincial and Local Government on the Local Government: Municipal Structures Amendment Bill [B 51 - 2000] (National Assembly - sec 75), dated 15 September 2000:
The Portfolio Committee on Provincial and Local Government, having considered the subject of the Local Government: Municipal Structures Amendment Bill [B 51 - 2000] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B 51A - 2000].