National Assembly - 28 March 2001

WEDNESDAY, 28 MARCH 2001 __

                PROCEEDINGS OF THE NATIONAL ASSEMBLY
                                ____

The House met at 15:04.

The 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.

ALLEGATIONS AGAINST TONY YENGENI REGARDING HIS MOTOR VEHICLE AND THE ARMS DEAL

                             (Statement)

The SPEAKER: Order! Hon members, the hon Mr Yengeni has requested an opportunity to make a personal statement. I will now grant him that opportunity.

Mr T S YENGENI: Madam Speaker, in the light of various media statements, speculation and innuendos - in respect of which I am seeking legal advice as to whether they amount to defamation - I have been left with no alternative but reluctantly to respond to some of these reports.

As hon members are all aware, the allegations regarding how I acquired my motor vehicle are within the big picture of the arms procurement investigations in respect of which the three statutory investigating bodies are involved. I have stated in the media that as this is due legal process which has been established within our legal framework, I am prepared to submit myself fully and co-operate with the investigation. There have been statements that the investigating bodies may hold certain parts of their investigation privately, and some in public. I again reiterate that I will co-operate with such a process, be it a public or a private hearing.

The legal process which I have committed myself to co-operate with will afford me the opportunity of going through a fair process during which my rights and dignity will be protected, and not the trial by the media which I am currently subjected to. However, the spotlight on public representatives by a vigilant media is important and helps to expose wrongdoers. And more importantly, it acts as a deterrent to those who are contemplating wrongdoing.

Hon members are also aware that the Democratic Alliance has approached the Joint Committee on Ethics and Members’ Interests for an investigation into the matter, and I believe that the chairperson of the committee is taking up this matter. My decision is not to respond in detail to these media speculations and innuendos. Such conduct on my part should not be construed as an admission of guilt in respect of any speculation or innuendo, whatsoever.

However, I would like to reiterate that the motor vehicle in question has been legitimately purchased by myself. Its acquisition does not in any way amount to a gift or a donation. More importantly, the acquisition of the vehicle did not, in any way whatsoever, influence the award and/or is not related to the awarding of any contract in the arms procurement deal which is under investigation.

During my tenure as Chairperson of the Joint Standing Committee on Defence, the committee was involved in the formulation of the White Paper on Defence and the Defence Review. The arms procurement process and the ultimate decisions relating to the awarding of the contracts were taken by Cabinet. Neither the chairperson nor the committee had any part in decisions on these matters.

I want to assure the South African public and all MPs that I will fully co- operate with the legal process underway. It would be most crucial, and in the interests of the nation, if this process can be speeded up so that the matter can be laid to rest, once and for all. My personal wish is that the hearing I will be subjected to by the investigators be held in public so that when I explain myself, it will not only be to the investigators, but to the nation as a whole.

On the allegation of my nondisclosure of my house at No 5 Fitzpatrick Street, Tijgerhof, in Milnerton, I wish to put on record that the said property was disclosed by me in 1996. [Applause.]

QUESTIONS AND REPLIES - see that book.

                          NOTICES OF MOTION

Mr R P ZONDO: 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 from news reports that two farmers were killed in the Marico area and that in the Free State a farmer and his son were shot and injured;

(2) condemns in the strongest terms this kind of violent crime and the brutal attacks on farmers, who constitute an important component of our economy;

(3) warns the perpetrators of these heinous crimes that there is no place in the new South Africa for their destructive criminality; and

(4) calls on the Police Service to speedily investigate the farm attacks and put the perpetrators behind bars where they belong.

[Applause.]

Mr M WATERS: Madam Speaker, 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 that under the expanded definition, South Africa’s unemployment rate continues to climb and is now at 37,3% with more than 4,3 million people unemployed;

(2) further notes that the Centre for Development and Enterprise’s recent round table report, which included contributions from two of President Mbeki’s economic advisors and one of the authors of Gear, lists the reasons for South Africa’s failure to create jobs and achieve economic growth as including -

   (a)  an intense focus on race;
   (b)  an inflexible labour market;
   (c)  costly equity laws;
   (d)  a deep and growing skills shortage; and
   (e)  a President who has spent too much time and effort focusing on
       foreign affairs; and

(3) calls on the Government to take heed of these ominous trends and the effects they are having on the everyday lives of our people, and to show the political will to deliver jobs for all the people.

[Interjections.] [Applause.]

Prof L B G NDABANDABA: Chairperson … [Interjections.]

The CHAIRPERSON OF COMMITTEES: Order! Hon members who are making noise, the member is at the podium. [Interjections.]

Prof L B G NDABANDABA: 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) notes that

   (a)  the Minister for Provincial and Local Government and the
       Minister for the Public Service and Administration respectively,
       are engaged in attempts to combine South Africa's local
       government employees with the national and provincial public
       service; and


   (b)  such a move has the potential for public servants in the
       provincial and national Government to strengthen managerial
       capacity in the local authorities and ensure speedier service
       delivery; and

(2) therefore welcomes this initiative and expresses the hope that this matter will be pursued with vigour and energy, so that all officials serving at all levels of Government are within one combined service.

Mr E S MAGASHULE: 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 that a great revolutionary and supporter of the struggle for freedom in South Africa, Comrade Fidel Castro, has welcomed another great revolutionary, Comrade Thabo Mbeki, to his country;

(2) further notes that Comrade Castro has bestowed Cuba’s highest award, the Jose Marti medal, on President Mbeki; and

(3) congratulates President Mbeki on this achievement and also congratulates President Castro on honouring our President.

[Interjections.] [Applause.]

[Applause.]

Dr B L GELDENHUYS: Chairperson, I hereby give notice that on the next sitting day of the House I shall move:

That the House -

(1) notes with disgust that South African girls …

[Interjections.] No, not that we are wasting our time on Cuba!

(1) notes with disgust that according to a Human Rights Watch report, South African girls are being raped and sexually abused at school by classmates and teachers;

(2) further notes that this serious problem has not yet enjoyed enough attention from Government;

(3) urges the Government to ensure that all perpetrators convicted of sexual assault or rape should not be permitted to teach or attend school any further; and

(4) suggests that provision be made for a special counselling fund for victims of sexual abuse at school level as suggested by the Human Rights Watch report.

[Applause.]

Mr J T MASEKA: 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) recognises the huge threat posed by tuberculosis to the population of South Africa, especially since half of all new infections are HIV- related;

(2) notes with dismay that the South African National Tuberculosis Association is experiencing problems with misappropriation of funds, and other problems that could seriously affect the country’s ability to fight this dread disease; and

(3) urges the Minister of Health to intervene immediately and ensure that the important work of Santa stays on track.

Ms N M TWALA: 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 that -

   (a)  President Thabo Mbeki and President Fidel Castro have signed a
       series of agreements which could lead, amongst other things, to
       the production of low-cost HIV/Aids drugs; and


   (b)  other areas of co-operation will include sport, commerce,
       science and technology;

(2) believes that these agreements will be mutually beneficial to both countries and will strengthen the linkages between the peoples of Cuba and South Africa; and

(3) welcomes the agreements signed by the governments of South Africa and Cuba.

[Applause.]

Mr S N SWART: 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 the ACDP has promoted the concept of restorative justice which includes the Biblical principle of the payment of restitution by the criminal to the victim of crime;

(2) notes that the Asset Forfeiture Unit has attached assets derived from a specific crime, namely ransom money paid by a businessman in Transkei for the release of his kidnapped child; and

(3) consequently welcomes the announcement by the Asset Forfeiture Unit that the amount of some R1,1 million will be repaid to this victim of crime, and this amounts to a form of restitution.

Mr J P I BLANCHÉ: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the FA: That the House -

(1) notes that Santa has a lack of funding;

(2) hears that despite this Dr Ratsela, the CEO of Santa, is receiving a salary of R500 000 per annum for two days’ work a month and, according to press reports, is spending large sums of money by means of credit cards and petrol cards;

(3) expresses concern that tuberculosis is now reaching alarmingly high levels in this country and every effort is needed to contain this curable disease; and

(4) urges the appropriate authorities to investigate the allegations against Dr Ratsela and, if they are found to be true, to take urgent action.

Ms P N MNANDI: 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 with alarm the Human Rights Watch report stating the prevalence of sexual molestation and rape of learners in South African schools;

(2) believes that these barbaric acts pose a serious threat to the economic, social and physiological wellbeing of our country’s youth;

(3) condemns this barbaric behaviour; and

(4) calls on -

   (a)  the police to bring the perpetrators to book; and


   (b)  the Government to step up efforts to curb this inhumane
       behaviour and protect the rights of the girl child.

[Applause.]

Mr A J BOTHA: 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) expresses its sympathy with the families of the victims of five murders in the rural areas this week, as well as with the families of the two members of the South African Police Service murdered this week;

(2) notes the senselessness of these and other murders and the ruthlessness of the killers, some of whom were members of a rugby club;

(3) condemns the actions of Dr Barney Pityana while visiting farm schools in the Free State, when he identified farmers in general as being guilty of human rights violations;

(4) notes that this is in addition to a long list of hate speeches delivered by members of the ANC whereby race relations in the country have been damaged;

(5) commends the call this morning by the Policy Committee on Rural Safety and Security for the development of national values and norms so as to develop a national identity that can reduce racial tensions; and

(6) therefore calls on all South Africans to unite in stopping the violence and bloodshed that is destroying our country.

[Applause.]

Mr M S M SIBIYA: 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) notes with great concern that -

   (a)  following a serious of exposés by the Mail & Guardian, auditors
       have allegedly recommended that the national office of the South
       African National Tuberculosis Association (Santa) be closed
       down; and


   (b)  this same report allegedly found that the office wastes much-
       needed money and resources, and has little contact with its own
       hospitals and clinics;

(2) is alarmed to learn that Dr Andrew Ratsela, CEO of Santa, allegedly earns a salary of R500 000 a year for working two days each month, whereas previous Santa CEOs had been either unpaid volunteers or were paid a token allowance; and

(3) urges the Department of Health to take a more active …

[Time expired.]

Miss T E LISHIVHA: 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 from news reports that two boys were shot and injured and one was killed in a senseless attack on a farm in the Northern Province;

(2) also notes that eight members of the Northerns Rugby Club, including the chairperson of the club, have been arrested on charges of murder and attempted murder, and that more arrests are expected;

(3) strongly condemns this mindless attack on our young people by sports persons who are supposed to be role models for our youth; and

(4) calls on the South African Police Service to investigate this barbaric attack and ensure that the perpetrators meet with the full wrath of the law.

[Applause.]

Mr J DURAND: Chairperson, I hereby give notice that on the next sitting day of the House I shall move:

That the House -

(1) notes with alarm the report that recently revealed shocking evidence of abuse and neglect of SA’s elderly;

(2) acknowledges that the elderly form a very important part of our society and that efforts should be made by all to ensure that they are in no way abused, manipulated or neglected;

(3) further notes that the abuse of the elderly is a direct result of the fact that the social services for the elderly are clearly in a state of disarray and remain deeply fragmented, poorly managed, under- resourced and racially divided;

(4) urges the Minister of Social Development to give the assurance that his department will commit itself unconditionally to implementing the recommendations of this report; and

(5) calls on the public to realise that the DA is the only party that is prepared to deliver to all the people and not just to a select few.

[Interjections.] [Applause.]

Mr M N RAMODIKE: 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 with dismay and trepidation irregularities, corruption and mismanagement involving millions of rands by the unscrupulous officials of the Northern Province Tender Board;

(2) is alarmed and shocked at the high level of bribery and corruption in this province and that many contractors are forced to grease the palms of officials for the processing and approval of tenders to supply meat to hospitals and books and stationery to schools, and contracts for the rehabilitation of roads;

(3) is amazed at the consideration of political party affiliations and support as a criterion for awarding contracts; (4) notes, in conclusion, that a Northern Province school supplies company, Nu-Vita, has filed a R46 million lawsuit against the provincial tender board for mismanaging tenders for the supply of schoolbooks and stationery; and

(5) calls on the national Minister of Education …

[Time expired.]

Ms F HAJAIG: 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 25th meeting of health ministers from the Non-Aligned Movement (NAM) countries held in Johannesburg this week;

(2) further notes that NAM fully supports South Africa in its court battle against multinational pharmaceutical companies who want to prevent the Government from importing cheaper generic drugs; (3) notes that this is in line with the growing international support for our Government to ensure affordable access to drugs for all infectious diseases;

(4) appreciates the resolution taken by NAM health ministers regarding the court battle between the pharmaceutical companies and the South African Government; and

(5) hopes that the success of this court case will have a significant impact on the countries of the South.

[Applause.]

The House adjourned at 17:29. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

ANNOUNCEMENTS:

National Assembly and National Council of Provinces:

  1. The Speaker and the Chairperson:
 The following papers have been tabled and are now referred to the
 relevant committees as mentioned below:
 (1)    The following paper is referred to the Portfolio Committee on
     Trade and Industry and the Select Committee on Economic Affairs:


     Report and Financial Statements of Investment South Africa for
     1999-2000.


 (2)    The following paper is referred to the Standing Committee on
     Public Accounts for consideration and report. It is also referred
     to the Portfolio Committee on Labour, the Portfolio Committee on
     Minerals and Energy, the Select Committee on Labour and Public
     Enterprises and the Select Committee on Economic Affairs for
     information:


     Report of the Auditor-General on the Financial Statements of Mines
     and Works Compensation Fund for 1999-2000 [RP 10-2001].


 (3)    The following paper is referred to the Standing Committee on
     Public Accounts for consideration and report. It is also referred
     to the Portfolio Committee on Public Enterprises and the Select
     Committee on Labour and Public Enterprises for information:


     Report of the Auditor-General on the Accounts of the Transkei
     Electricity Supply Corporation for 1994-95, 1995-96, 1996-97 and
     for 1 April to 31 December 1997 [RP 184-2000].


 (4)    The following paper is referred to the Standing Committee on
     Public Accounts for consideration and report. It is also referred
     to the Portfolio Committee on Home Affairs and the Select
     Committee on Social Services for information:


     Report of the Auditor-General on the Financial Statements of the
     Refugee Relief Fund for 1999-2000 [RP 12-2001].


 (5)    The following paper is referred to the Standing Committee on
     Public Accounts for consideration and report. It is also referred
     to the Portfolio Committee on Education and the Select Committee
     on Education and Recreation for information:


     Report of the Auditor-General on the Financial Statements of the
     High School Vorentoe Disaster Fund for 1999-2000 [RP 13-2001].


 (6)    The following papers are referred to the Standing Committee on
     Public Accounts for consideration and report. They are also
     referred to the Portfolio Committee on Finance and the Select
     Committee on Finance for information:


     (a)     Report of the Auditor-General on the Financial Statements
          of the Independent Development Trust (Main Fund) for 1998-99
          [RP 6-2001].


     (b)     Report of the Auditor-General on the Financial Statements
          of the Temporary Employees' Pension Fund, the Associated
          Institutions' Pension and Provident Fund for 1997-98 and 1998-
          99 [RP 9-2001].


 (7)    The following paper is referred to the Standing Committee on
     Public Accounts for consideration and report. It is also referred
     to the Portfolio Committee on Minerals and Energy and the Select
     Committee on Economic Affairs for information:


     Report of the Auditor-General on the Financial Statements of Refsa
     (Pty) Limited for the period ended 14 July 1998 [RP 22-2001].


 (8)    The following papers are referred to the Standing Committee on
     Public Accounts for consideration and report:




     (a)     Report of the Auditor-General on the Financial Statements
          of the President's Fund for 1999-2000 [RP 7-2001].


     (b)     Report of the Auditor-General on the Financial Statements
          of the State President's Fund for 1997-98, 1998-99 and 1999-
          2000 [RP 14-2001].


 (9)    The following paper is referred to the Joint Standing Committee
     on Defence:


     Letter from the President informing Parliament of the employment
     of the South African National Defence Force in compliance with the
     international obligations of the Republic of Mozambique for
     humanitarian assistance during widespread flooding.

TABLINGS:

National Assembly and National Council of Provinces:

Papers:

  1. The Minister of Transport:
 (a)    Protocol between the Government of the Republic of South Africa
     and the Ministry of Transport, Public Works and Water Management
     of The Netherlands concerning Bilateral Cooperation in the Fields
     of Transport and Infrastructure Development, tabled in terms of
     section 231(3) of the Constitution, 1996.


 (b)    Explanatory Memorandum to the Protocol.


 (c)    Agreement between the Government of the Republic of South Africa
     and the Government of the Italian Republic on Cooperation in the
     Field of Public Transport, tabled in terms of section 231(3) of
     the Constitution, 1996.


 (d)    Explanatory Memorandum to the Agreement.


 (e)    Declaration of Intent between the Department of Transport of the
     Republic of South Africa and the Department of Transport of Canada
     concerning Technical Cooperation in Transportation, tabled in
     terms of section 231(3) of the Constitution, 1996.


 (f)    Explanatory Memorandum to the Declaration of Intent.

COMMITTEE REPORTS

National Assembly:

  1. Report of the Portfolio Committee on Finance on the Division of Revenue Bill [B 11D - 2001] (National Assembly - sec 76), dated 28 March 2001:

    The Portfolio Committee on Finance, having considered the Division of Revenue Bill [B 11D - 2001] (National Assembly - sec 76), amended by the National Council of Provinces and referred to the Committee, reports that it has agreed to the Bill.

 Report to be considered.
  1. Report of the Ad Hoc Committee on Filling of Vacancies on Commission for Gender Equality, dated 28 March 2001:

    The Ad Hoc Committee on Filling of Vacancies on Commission for Gender Equality, in accordance with a Resolution of the House, dated 27 March 2001, further considered and examined nominations for the filling of vacancies on the Commission for Gender Equality.

    The Committee nominates, in terms of section 193(5) of the Constitution, the following persons for appointment to the Commission:

        As full-time commissioners, to commence serving immediately
        for a term of five years:
    
    
        1.  Beatrice Ngcobo.
        2.  Manana Tlake.
        3.  Gertrude Fester.
    
    
        As full-time commissioners, to commence serving on 1 May 2001
        for a term of five years:
    
    
        4.  Nombulelo Siqwana-Ndulo.
        5.  Sheila Meintjies.
        6.  Bafana Khumalo.
    
    
        As part-time commissioners, to commence serving on 1 May 2001,
        or as soon as possible thereafter, for a term of five years:
    
    
        7.  Rashida Manjoo.
        8.  Sophia de Bruyn.
        9.  Themba Kgase.
        10. Teboho Maitse.
        11. Nozipho Bhengu.
    
 Report to be considered.