National Assembly - 11 September 2001
TUESDAY, 11 SEPTEMBER 2001 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 14:02.
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.
WELCOMING OF MEMBERS
The SPEAKER: Order! I wish to welcome hon members back to this House. The consolation is that this is the last session before the Christmas festivities break, so this is something to look forward to. But I think I should remind members that we have a hard slog ahead of us.
VACANCIES
(Announcement)
The Speaker announced that the following members of the African National Congress had vacated their seats in the National Assembly since the adjournment of the House on 26 June 2001: Mr S T Belot, Mr M S Gininda, Mr S P Makwetla, Mrs F B Marshoff, Mr J S Mgidi, Mr E P Mogale, Mr S J Mohai, Mr J H Momberg and Mr A J Feinstein.
NEW MEMBERS
(Announcement)
The Speaker announced that vacancies in the representation of the African National Congress in the National Assembly had been filled, in accordance with item 6(3) of Schedule 6 of the Constitution, 1996, by the nomination of the following members, with effect from 3 July 2001: Mr I M Cachalia, Mr L L L Chiwayo, Mr J Z Kati, Ms N E Lamani, Ms L Mabe, Mr D C Mabena, Mr D D Mabuza, Mr B A Mnguni, Mr N W Mudau, Mr B J Nobunga and Ms S H Ntombela. In addition, Ms J Moloi had been nominated with effect from 1 August 2001 and Mr D M Dlali with effect from 4 September 2001.
Mr J H VAN DER MERWE: Madam Speaker, I am not sure that I heard correctly: I thought nine members had resigned, but now 12 are being sworn in. [Laughter.]
The SPEAKER: Order! Hon member, I am so delighted that you can count and you heeded my words so carefully. The point is, there were others who resigned before we went into recess.
SWEARING IN OF MEMBERS
The members, with the exception of Mr D D Mabuza, Ms J Moloi and Mr D M Dlali, made and subscribed the oath or solemn affirmation in the Speaker’s office on 21 August 2001.
SOLEMN AFFIRMATION
Mr D D Mabuza, accompanied by Mr G P Mngomezulu and Mrs N R Shope, made and subscribed the solemn affirmation and took his seat.
OATH
Ms J Moloi and Mr D M Dlali, accompanied by Mr G P Mngomezulu and Mrs N R Shope, made and subscribed the oath and took their seats.
NEW MEMBERS
(Announcement)
The Speaker announced that the vacancy caused by the resignation of Prof L B G Ndabandaba had been filled, in accordance with item 6(3) of Schedule 6 of the Constitution, 1996, by the nomination of Dr U Roopnarain, with effect from 27 June 2001.
OATH
Dr U Roopnarain, accompanied by Mr J H van der Merwe and Mrs L R Mbuyazi, made and subscribed the oath and took her seat.
NOTICES OF MOTION
Mr D A A OLIFANT: 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 with grave concern the ongoing revelations of alleged corruption by DA councillors in the Cape Town City Council such as -
(a) the vote-rigging by the DA on the street name fiasco;
(b) the DA's houses for friends and family policy;
(c) selling of housing application forms for R20 to R30;
(d) the illegal selling of houses by DA councillors; and
(e) theft under false pretences by a DA organiser;
(2) believes that these allegations reflect that the DA is unable to deal effectively with corrupt members in its own ranks; and
(3) calls on the DA to act decisively with regard to its members who have been involved in municipal corruption.
[Applause.]
Mr R JANKIELSOHN: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move:
That the House - (1) notes -
(a) the shortsighted decision by the South African Government to
delay the process allowing the US Navy flagship, the USS
Enterprise, docking rights in Cape Town;
(b) that this delay could deny the South African Navy exposure to a
foreign vessel of this nature and importance and has compromised
further visits by similar ships to the country; and
(c) that the country could lose an input of about R20 million into
the local economy and the possibility of promoting the country
as a future tourist destination to the crew of about 6 000
members;
(2) further notes that this visit is of great strategic, political, economic and symbolic importance to South Africa and the Southern African region; and
(3) urges the Government to make every effort to accommodate the United States government before 3 o’clock this afternoon, which is the US Navy’s deadline for a decision. [Applause.]
Prince N E ZULU: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move:
That the House -
(1) appreciates the macroeconomic training given to Members of Parliament on 3 to 5 September 2001;
(2) further appreciates the USAID programme for sponsoring the course in order for members to understand the complex nature of macroeconomics;
(3) applauds the quality of teaching by the lecturers from the University of the Western Cape; and (4) because of the globalising effects of the world economies, supports the proposed one-year diploma course in Macroeconomics for Members of Parliament next year.
Mr G G OLIPHANT: 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 the Umsobomvu Fund has opened its office and will begin disbursing funds for youth development from early next year;
(2) recognises that the fund has three broad programmes which consist of -
(a) a youth information service to provide information on skills
development, career guidance, entrepreneurship through existing
community facilities;
(b) a skills development and transfer programme that includes
community service; and
(c) a youth entrepreneurship programme to fund young entrepreneurs;
and
(3) welcomes the progress made with regard to this fund and commends Government for the painstaking groundwork it has done in order to ensure that this fund fulfils its mandate of youth development and job creation.
Dr P J RABIE: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move:
That the House -
(1) notes the distressing state of the economy in the light of the following:
(a) the value of the rand against the US dollar has dropped by more
than 142% since the ANC came to power;
(b) South Africa is only expected to achieve domestic economic
growth of about 2,5% compared to countries such as China and
India, which expect growth rates of 7,8% and 5,7%; and
(c) Government still chooses to blame the decline of the rand on
external forces and other questionable theories; and
(2) calls on Government to take proactive fiscal measures and to set an example of overall efficiency, in order to rid itself of an image of being a government conducting silent diplomacy and resorting to crisis management.
Mr J T MASEKA: Madam Speaker, 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) expresses its dismay at the comments by President Mbeki regarding the spending priorities of Government in relation to HIV/Aids;
(2) acknowledges that HIV/Aids is one of the single biggest challenges facing South Africa, with the projected costs of dealing with Aids orphans alone estimated to run into billions in the near future;
(3) unequivocally distances itself from any argument that seeks to dismiss or obscure the magnitude of this challenge; and
(4) recognises the urgent need for Parliament to have an active say in the allocation of budgetary resources, especially with regard to social spending which must be aimed at turning constitutionally guaranteed social rights into reality.
Mrs D G NHLENGETHWA: 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 - (a) 45 members of the UDM have defected to the ANC in the Western Cape; and
(b) these members have seen beyond the facade of the UDM and its
lack of policies; and
(2) welcomes the comrades back home to the ANC which is the only vehicle for change and a better life for all the people.
[Interjections.] [Applause.]
Rev K R J MESHOE: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ACDP:
That the House - (1) commends the leaders of SADC for publicly chastising the Zimbabwean President for the way in which he has handled his country’s land crisis;
(2) endorses the contention of the SADC chairperson, Malawian President Bakili Muluzi, that the rule of law was being thwarted in Mr Mugabe’s land reform drive;
(3) notes that the leaders of SADC have acknowledged that state-sponsored land invasions and violence were to blame for the current political and economic woes in that country;
(4) appeals to these leaders, especially our own President Mbeki, not to let the Zimbabwean President off the hook until he restores the rule of law in his country; and
(5) calls on Mr Mugabe and his cabinet to observe and implement the Nigerian-brokered deal to end their controversial land seizure drive, in exchange for funds to implement a fair and just land reform programme.
Dr P W A MULDER: Mevrou die Speaker, ek gee hiermee kennis dat ek op die volgende sittingsdag namens die VF sal voorstel:
Dat die Huis -
(1) kennis neem -
(a) van die korrupsie en wanadministrasie wat na bewering by die
Poskantoor plaasgevind het; en
(b) dat die Poskantoor geruime tyd gelede al hierdie saak onder die
aandag van die verantwoordelike Minister, me Casaburri, gebring
het;
(2) sy misnoeë uitspreek dat die Minister met die inligting tot haar beskikking nie reeds vroeër ‘n ondersoek na hierdie bewerings gelas het nie; en (3) verder daarvan kennis neem dat die VF gister in ‘n skrywe aan die Openbare Beskermer gevra het dat die beweerde korrupsie en wanadministrasie by die Poskantoor volledig ondersoek word aangesien dit die enigste wyse is waarop die onduidelikhede rondom hierdie bewerings oor die Poskantoor tot bevrediging van almal opgeklaar kan word. (Translation of Afrikaans notice of motion follows.)
[Dr P W A MULDER: Madam Speaker, I hereby give notice that on the next sitting day I shall move on behalf of the FF:
That the House -
(1) notes -
(a) the corruption and maladministration which have allegedly taken
place at the Post Office; and
(b) that considerable time has elapsed since the Post Office brought
this matter to the attention of the responsible Minister, Ms
Casaburri;
(2) expresses its displeasure that the Minister, with the information at her disposal, failed to order an early investigation into these allegations at an earlier date; and
(3) further notes that yesterday, in correspondence with the Public Protector, the FF requested that the alleged corruption and maladministration at the Post Office be thoroughly investigated, since that is the only way in which the uncertainties about these allegations regarding the Post Office can be cleared up to everyone’s satisfaction.]
Mr G B MAGWANISHE: 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 crude attempts by the PAC to gain political support by undermining the Government’s land redistribution and housing policies;
(2) deplores the actions of the PAC, which seeks to make political capital out of the aspirations of the poor by undermining the rule of law at the expense of democratic and social transformation; and
(3) condemns such misleading promises by PAC Members to provide land, the encouraging of landless people to occupy land and threats to support violent means of obtaining land which are the pitiful last resort of a party that has failed in the last two elections to win any meaningful support from the electorate.
[Applause.]
Mr W J SEREMANE: 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) congratulates the Commonwealth task group led by Nigeria on its firm stance taken on the lawlessness in Zimbabwe;
(2) commends SADC under the chairmanship of the president of Malawi for initiating a face-to-face meeting with President Mugabe on the serious situation in his country and the grave implications this has for the region; and
(3) urges President Mbeki, as a member of the SADC Group of Presidents, to do all he can to get President Mugabe not only to accept the Abuja Agreement in principle, but to implement it in practice without delay, so as to ensure that -
(a) land settlement takes place in an orderly, lawful and
sustainable manner;
(b) the illegal invasions of property cease;
(c) the rule of law is restored;
(d) political intimidation ...
[Time expired.]
Mr V B NDLOVU: Madam Speaker, 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) sadly notes that statistics on child abuse are soaring despite the fact that most cases are not reported;
(2) further notes with sadness that such abuse does not only involve assault but also the rape of young children; and (3) calls upon the criminal justice system to enforce the full might of the law to allay public fears and stall the criminals’ malicious activity.
Mr P A C HENDRICKSE: 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) that the month of September began with our national celebration
of Arbor Week, with the theme ``Trees are Life''; and
(b) with great satisfaction the timely launch of Singala Trust,
which marks the first time in South Africa's history that rural
communities gain a stake in the forestry industry; and
(2) commends -
(a) communities throughout the country who participated by planting
trees at schools, parks and their homes; and
(b) the Government for continuing to deliver on its promise to make
restructuring work for all South Africans.
[Applause.]
Mr J J DOWRY: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move:
That the House -
(1) notes the widespread financial irregularities and serious allegations of corruption in the South African Post Office;
(2) therefore welcomes the media briefing by the Minister of Communications, although certain questions still remain unanswered; (3) once again call on the Minister to make the details known regarding aspects such as -
(a) the R1 billion borrowed from the Post Bank;
(b) why the parastatal degenerated to the point of needing such a
large loan;
(c) negotiations between the Post Office and Cabinet regarding a
financial recovery package;
(d) the possible relocation of its head office to Johannesburg; and
(e) the findings of the forensic auditing firm concerning financial
irregularities in South African post offices; and
(4) believes that it is a pity that the Minister did not use this opportunity to dispel the cloud of speculation hovering over the parastatal. WELCOMING OF DELEGATION FROM STATE DUMA
The SPEAKER: Order! I wish to recognise and acknowledge the presence in the House of a delegation led by the Speaker and Chairperson of the State Duma of the Federal Assembly of the Russian Federation. [Applause.]
We welcome this delegation and hope that it marks the beginning of the relation between this Parliament and the State Duma. We now proceed to motions without notice.
DEATHS IN KRUGER NATIONAL PARK
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice:
That the House -
(1) notes -
(a) the tragic loss of lives as a result of the recent devastating
veld fires in the Kruger National Park; and
(b) the impact of these fires on the game, veld and environment
broadly; and
(2) expresses its heartfelt condolences to the families of all the victims of this incident and wishes the injured a speedy recovery.
Agreed to.
ATHLETICS ACHIEVEMENTS OF HESTRIE CLOETE
Mnr C H F GREYLING: Mevrou die Speaker, ek stel sonder kennisgewing voor:
Dat die Huis -
(1) met trots kennis neem -
(a) van die besondere atletiekseisoen wat Hestrie Cloete, Suid-
Afrika se hoogspring-wêreldkampioen en Olimpiese
silwermedaljewenner, beleef het;
(b) dat Hestrie onder meer 'n goue medalje by die
Welwillendheidspele en by die Wêreldbyeenkoms verower het; en
(c) dat sy hierdie absoluut briljante vertonings opgevolg het deur
die hoogspringkompetisie van die IAAF see Grand Prix-reeks in te
palm; en
(2) van mening is dat Hestrie Cloete inderdaad ‘n atletiekster in eie reg is en ‘n rolmodel waarop alle Suid-Afrikaners opreg trots kan wees.
Goedgekeur. (Translation of Afrikaans draft resolution follows.)
[Mr C H F GREYLING: Madam Speaker, I move without notice:
That the House - (1) notes with pride -
(a) the exceptional athletics season that Hestrie Cloete, South
Africa's world high jump champion and Olympic silver medallist,
has had;
(b) that, amongst others, Hestrie won a gold medal at the Goodwill
Games and at the World Championships; and
(c) that she followed these absolutely brilliant performances by
winning the high jump competition of the IAAF's Grand Prix
Series; and
(2) is of the opinion that Hestrie Cloete is, indeed, an athletics star in her own right and a role model of whom all South Africans can be truly proud.
Agreed to.]
COMPLETION OF TASK OF AD HOC COMMITTEE ON POWERS AND PRIVILEGES OF
PARLIAMENT
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move the draft resolution printed in my name on the Order Paper, as follows:
That, with reference to the resolution adopted by the House on 5 April 2001, the Ad Hoc Committee on Powers and Privileges of Parliament is to complete its task by no later than 2 November 2001.
Agreed to.
MOTION OF CONDOLENCE
(The late Mr G A M Mbeki)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move the draft resolution printed in my name on the Order Paper, as follows: That the House -
(1) notes the passing on of Comrade Govan “Oom Gov” Mbeki, a stalwart of the struggle for the liberation of the people of South Africa;
(2) recognises the valuable contribution he made -
(a) as an educator, publicist and revolutionary intellectual;
(b) as a freedom fighter and champion of the cause of the poor;
(c) as Deputy President of the then Senate in strengthening our
democracy; and
(d) in the selfless sacrifices in the struggle for the freedom,
democracy and building of a united nation in South Africa;
(3) believes that he served the nation with dedication and will be
an inspiration to future generations; and
(4) expresses its condolences to his wife, his son the President,
and the entire Mbeki family, knowing that the whole nation mourns
the loss of this noble son of Africa.
I request that members observe a moment of silence at the end of the debate in honour of Mr Govan Mbeki, as he was a presiding officer of this Parliament.
The SPEAKER: Order! Hon members, I would suggest that we observe a moment of silence now, rather than at the end of the debate when we would have to move a new motion. So, would hon members please rise and observe a moment of silence.
Thank you, hon members. Please be seated. The motion and the sentiments therein will be conveyed to the President and to the Mbeki family. Mr C W EGLIN: Madam Speaker, the DP associates itself fully with the motion of tribute to the late Govan Mbeki. We, too, wish to express our condolences and sympathy with the members of the Mbeki family on their great personal loss. We mourn his passing, and yet, at the same time, we give thanks for the tremendous contribution he made to the cause of freedom and democracy in our country.
Govan Mbeki is rightly hailed today as one of the giants of the liberation struggle. He was a man of many talents and many parts; at times he was a teacher, a trader, an author, an editor. He was one of the liberation movement’s foremost intellectuals. He was a detainee, a political prisoner, a political activist, a party organiser. He was a compelling leader who never lost the common touch, nor contact with the people.
As a young man, Govan was deeply moved by the deprivations and injustices suffered by black South Africans. These things lit inside of him a flame that no amount of detention, imprisonment, victimisation, bullying, harassment by the state, or, indeed, setbacks or disappointments, could extinguish, for Govan devoted his energy and skills, indeed his whole life, to the liberation of his people from the prison of poverty and from the bondage of racism and apartheid.
In recent years, when he served in the Senate and the NCOP, Govan Mbeki became known by his colleagues for his courtesy, his dignity and his mildness of manner. But behind these gentle attributes was a toughness of mind, a strength of will, a fierce determination to ensure that these ideals in which he believed would become realities in South Africa.
I believe that his life contains in it a lesson for every young South African. It is this: ``Hang in there. Don’t give up. Don’t stop fighting for the ideals in which you believe. Never lose faith in your ability to succeed.’’
And so we say to a great son of South Africa today: ``We salute you. We honour you for the sacrifices you made so that we today and generations yet to come can enjoy freedom and dignity. We thank you for the example you set. Rest in peace, Oom Gov, your legacy lives on in your beloved land.’’ [Applause.]
The DEPUTY MINISTER OF SAFETY AND SECURITY: Madam Speaker, hon members, regrettably we have been allowed only two minutes each to say what we would like to say about the late Govan Mbeki. I think there is a great deal that could have been said and placed on record in Hansard so that future generations should have the opportunity to understand what kind of a man we were dealing with.
The first thing I would like to say is that a characteristic of the late Govan Mbeki was the way in which he was able to make very strong and devoted friends. Those friends of his who have hardly been mentioned in all that has been written about him - a few have been mentioned - were faithful friends to whom he was faithful for most of his life. I will mention a few.
There was the botanist and academic Eddie Roux, who is well-known as the author of a book on the liberation movement called Time Longer Than Rope. He was responsible for that book, and a lot of us learnt a lot from him.
There was also Dr Sader, a member of the Natal Indian Congress, who was a great friend of the late Mbeki. They worked together in Ladysmith for many years and I am sure he would have liked people to know about his true friendship with Dr Sader.
He was a great friend of Tolley Bennun, who was an industrialist; some people would say a capitalist. And I see these days it is said that one cannot have capitalists in the Communist Party. I would remind people that one of the founders of communism was Engels, and Friedrich Engels was undoubtedly a capitalist. [Laughter.]
I also wish to mention Christopher Gell, who was struck down with polio. He came from India and ended up in Port Elizabeth - a prolific writer who was a very great friend of Govan Mbeki. He spoke of him endlessly all his life. Christopher Gell was a liberal, he was not a communist, and he was a great friend of Govan Mbeki the communist. That is another lesson that hon members need to learn.
Govan Mbeki was also an admirer of the Rev J A Calata, an Anglican priest from Cradock, who was one of his greatest friends. Because I do not have more time, I will mention a lifelong friend of his, the teacher Mjamba, who was a teacher in King Williams Town. The two of them shared something which has not been mentioned in all that has been spoken and written about Oom Gov in the last few weeks, namely his love of the Xhosa language. Govan Mbeki was a Xhosa linguist. He loved the language. He loved the great poet Mqhayi and often referred to Mqhayi’s wheel of fortune, which Mbeki called Ivili lika, Mqhayi. Oom Gov would warn us about the way the wheel of fortune can determine people’s lives, and he would say something like:
Ivili likaMqhayi. Golokoqo, goqo, goqo. Ath’ obe phezulu, abe sezantsi. Ath’ obe sezantsi abe phezulu. Golokoqo, goqo, goqo. Cingcilili! (Translation of Xhosa paragraph follows.)
[Mqhayi’s wheel of fortune. Turning and turning. With one going up and down, while the other goes down and up again. Turning and turning.] [Applause.]
Dr B L GELDENHYS: Madam Speaker, according to a Sunday newspaper, the late Govan Mbeki, when still a young man, gave up his pipe so that if arrested and jailed, he would not be forced into tobacco dependency. Hopefully, our hon President will turn out to be a chip off the old block.
Allen Drury was correct when he described South Africa in the sixties as a very strange society. It still is. Imagine a lifelong revolutionary, who fought against the predominantly Afrikaner-led government, ending up being called ``Oom Gov’’ by everyone. It gives me hope for the future, because we lived in different worlds at the time.
Many of us knew Govan Mbeki only as accused number four in the Rivonia trial. It was only after his release in 1987 that a different picture of him emerged, namely that of a remarkable and great leader of his people.
Woodrow Wilson, former US President, once said that he would rather fail in the service of a cause he knew would ultimately succeed than succeed in the service of a cause he knew would ultimately fail. The late Govan Mbeki should be honoured for having done just that.
On behalf of the New NP, I want to convey our sincere condolences to the ANC, who lost a great leader, to the bereaved family who lost someone dear to them and to the hon the President, who lost a beloved father. We support the motion. [Applause.]
Njing L M MBADI: Mhlalingaphambili, thina siyi-UDM siphakamisa ilizwi lovelwano kukuwa komthi omkhulu u``Oom Gov’’. Mongameli, Sekela-Mongameli, baphathiswa noogxa bam, ndivumeleni nam, egameni le-UDM, ndithi tutwini kumaZizi eli lizwe, ngakumbi kwindlu yakwaMbeki enkulu yabo enguThabo, uMongameli wethu.
Iinkqwithela, izivuthuvuthu zomoya, izichotho nazo zonke iintshaba zemithi aziwenzanga nto lo mthi ungu ``Oom Gov’’. UZizi yena uwiswe kukuguga komzimba, ukulandela nokuvumela ibango lendalo. Umhlaba emhlabeni, uthuli eluthulini, uthuthu eluthuthwini. Leyo yindlela athabathe ngayo okukokwakhe uThixo emntwini, umphefumlo.
Kukhulu esikufunde kweli qhawe lasemaZizini, inkcubabuchopho, isitatanyiswa, ititshala esasaze ulwazi ngeendlela ngeendlela: Sifundile apha kuye ukuba ubunkokeli asikokuma entabeni ukhwebe abantu. Yihla uye kubo, uhlale nabo, wabelane nabo kwintlalo abayihleliyo khona ukuze ukwazi ukunyusa nokuphakamisa umgangatho wentlalo yabo.
Sikwafunde nokuba ukunconywa kude kudaleke isifombo asibo bunkokeli bububo obo. Makuqaqambe imisebenzi phakathi kwabantu. UZizi wancama ukufuya iinkomo ezilalini; endaweni yoko wafuya umntu. Sizivile iintetho zabantu zisiwa ngokuwa zincoma eli gorha lamagorha. Asizanga kuthunuka mntu ngokuphinda esekuthethiwe. Masifunde kwakule yokuzikhethela ukuya kulala phakathi kwabantu abahluphekileyo. Usibonisa nzulu ukuba engcwabeni kuyalinganwa, akukho sityebi nahlwempu.
Kukho, bethu, phakathi kwamalungu apha endithe ndakubona ngasonye ngorhatya
lwemivundla ngoMgqibelo umhla we-8 kuSeptemba walo nyaka. Bonke abalele
ukufa kumangcwaba aseZwide bavuke bathontelana phezu kwengcwaba lika Oom
Gov'', bamamkela besithi, ngazwinye: Ubunathi ekuhlaleni; usekwanathi
ekufeni’’.
Yamkeleni maZizi nani malungu e-ANC noluntu ngokubanzi into yokuhamba kuka
Oom Gov'. Sithi abaya kuya kuye. Yena uphumle ngoxolo unaphakade. Inkonzo
kaOom Gov’ ibe nembeko, isidima, isihomo nesithozela. Iculo: Menze aphumle
ngonaphakade, umkhanyisele ngokhanyiso olungacimiyo.
(Translation of Xhosa speech follows.)
[Prof L M MBADI: Chairperson, we as the UDM wish to convey our condolences to the Mbeki family for the loss they are suffering because of the fall of this big and honourable person, ``Oom Gov’’. Mr President, hon Deputy President, hon Ministers and my colleagues, please allow me to say, on behalf of the UDM, that we are deeply touched and are feeling the pain together with all the people from the Zizi (Dlamini) clan, particularly the Mbeki family from which our hon President comes.
``Oom Gov’’ endured all kinds of discrimination and bad incidents during his lifetime; his enemies never succeeded in all their efforts to persecute him. Zizi died from old age; he let nature take its course. Earth to earth, dust to dust and ashes to ashes. That is how God determined the fate of man, taking what is His, the soul.
There is a lot that we learnt from this great man from the Zizi clan, an intelligent man, a honourable man and a teacher who disseminated knowledge and shared information in many different ways. From him we learnt that leadership is not about standing on top of a mountain and shouting empty promises to people. We learnt that one should come down, live with people, and share with them their daily experiences so as to uplift and develop their standard of living.
We also learnt that too much praise does not create good leaders. It is the works of an individual that must shine among people. Zizi gave up cattle farming in the villages and decided to look after people. We have heard speeches delivered by different people praising this hero. We have not come to open up healing wounds by repeating what had been said. His choice of wanting to be buried among the poor is a lesson on its own. He is trying to show us that in the grave, everybody is equal; there is neither a rich nor a poor person.
On Saturday evening, 8 September 2001 I had a vision. I saw all those who
are lying dead in the graves at Zwide surrounding the grave of Oom Gov''
and uttering words of welcome:You were with us when we were still alive;
you are still with us in death.’’
Please accept this loss of ``Oom Gov’’ and suffer silently you from the Zizi clan, members of the ANC and people in general. It is us who will go to him. He is resting in peace where he is. His funeral service was conducted with all the dignity it required.
Hymn: Let him rest in peace forever, And may the light never cease.]]
Rev K R J MESHOE: Madam Speaker, I rise to support the motion as it appears on the Order Paper. On behalf of the ACDP, I want to echo the sentiments of many of my colleagues and convey our condolences to the President, his wife, his mother and members of the Mbeki family on the death of their loved one, who was one of the great inspiring leaders that this country has produced.
The late Govan ``Oom Gov’’ Mbeki was a hero to the majority of people in this country and an inspiring leader to those who had the privilege of being under his influence. May his family and friends take comfort in the words of Jesus Christ who said:
I am the resurrection and the life. He who believes in me will live, even though he dies …
The ACDP extends its gratitude to the late Govan ``Oom Gov’’ Mbeki for his selflessness in the struggle for freedom, justice and democracy. His family paid dearly because of his involvement in the fight for change. We wish his family long life and the blessings of God. [Applause.]
Dr P W A MULDER: Madam Speaker, there is a saying that peace is better than war because in wartime fathers bury their sons and in peacetime sons bury their fathers. Mr Govan Mbeki lived in turbulent times but was lucky to be buried by his sons in peacetime.
Mr Govan Mbeki was a teacher, a mentor and a role model for South Africa’s President, Mr Thabo Mbeki. I think I understand President Mbeki’s loss as my father was also a teacher, a mentor and a role model for me. My father died only a few weeks before I was elected to Parliament. Mr Govan Mbeki was privileged to be present when his son became President of South Africa.
A previous speaker compared Mr Mbeki to a tree. There is an old proverb known to woodsmen working in the forest that says a tree is best measured when it is down. The reaction here today confirms that.
On behalf of the FF I convey our condolences and sympathy to Mrs Mbeki, President Mbeki, his brother Moeletsi, his sister Linda and the rest of the family.
The English word uncle'' is not the same as the Afrikaans word oom’’.
In English, the word uncle'' is used to describe a family relative; in
Afrikaans the wordoom’’ is used to show respect to someone, whether he
is a relative or not. The FF says: Hamba kahle, Oom Gov. [Applause.]
Mr P H K DITSHETELO: Madam Speaker, the UCDP would like to express its sincere condolences to the family of Mr Govan Mbeki. Our hearts and minds are with them during this trying time.
To President Thabo Mbeki, we understand how painful it is to lose a person he clearly loved so much. Mr Govan Mbeki was a role model, a teacher and a political mentor to many children, with whom his children and wife shared him. It is common knowledge that the ANC was his family and the struggle his life.
The feeling of loss is also felt by many South Africans and non-South Africans alike, who came into contact with Govan Mbeki or ``Oom Gov’’, as he was affectionately known. He loved his country to such an extent that he was always prepared to fight for his entire life to liberate it.
Mr Govan Mbeki played an important role in the history of South African politics since his early days and during the democratisation process, and continued to play an active role until God retired him. Mr Mbeki was an achiever of repute. As such, we should mourn his passing away with dignity, that befits his status as a humble but determined freedom fighter. He, with other leaders who are no longer with us, laid a solid foundation for a new and equal society for our children and future generations. For that we salute him.
However, we take solace in the fact that throughout his life, Mr Mbeki sought to find peace where there was none. He strove to ensure that all have freedom of movement and association. Surely, all South Africans will treasure the fact that we rubbed shoulders and breathed the same air as a great man like ``Oom Gov’’.
The UCDP extends its condolences to the head of state, the family, members of the ANC and all South Africans for the loss of a life so well spent. We say: ``Lala ngoxolo’’ [rest in peace] to the son of the soil. [Applause.]
Dr M S MOGOBA: Madam Speaker, I express condolences on behalf of the PAC of Azania to the Mbeki family, the ANC and the nation. Mr Mbeki’s leadership of the ANC in the Eastern Cape and his influence on generations of Fort Hare students started a career that was to lead to Rivonia and Robben Island.
When he was released from Robben Island a little before the others, mainly because of failing health, I visited him in Port Elizabeth. And here I found a dignified leader looking remarkably well, and still with very impressive ideas. It was a pleasure to reminiscence about Robben Island. Mr Mbeki was clearly one of the outstanding intellectuals of the liberation struggle.
I also remember an incident which happened at Tuynhuys just next door here. A delegation of church leaders came to see the former Prime Minister, Mr P W Botha, about the political situation in the country. The interview was very rough, as usual. Mr Botha was particularly angry with Mr Mbeki, because on his release he said that he had not changed his political ideas and was still a communist. Mr Botha wagged his finger at us and said: ``Go and tell that Mbeki of yours that I will crush him.’’
This level of anger was puzzling to us because, amongst other things, we had congratulated him on the release of Mr Mbeki and other political prisoners. But in that anger lay a compliment to Mr Mbeki, that he had not changed his political convictions. That in itself is a compliment.
I also want to recall that Medunsa conferred an honorary doctorate on Mr Mbeki, and as a Chancellor, I had the unique honour of conferring the degree upon him. I am very proud to speak on this occasion as Parliament pays tribute to him.
We thank the Mbeki family for their great contribution to South Africa and we thank God for the life of Govan Mbeki. [Applause.]
Dr A I VAN NIEKERK: Agb mev die Speaker, die kenmerk van Govan Mbeki se lewe is die toewyding aan ‘n ideaal wat hy nagestreef het. Hy het ‘n belangrike rol in die ANC se geskiedenis vervul en is deur partygenote en deur almal daarvoor geeëer. Ek het die voorreg gehad om in 1994 in die ou Senaat saam met hom te dien. Hy was leier van die Raad en ek was die adjunkleier. Hy was ‘n aangename mens om mee saam te werk. Hy kon sy standpunt duidelik en bedaard stel en het geluister na andere se sienings en menings - ‘n eienskap wat ek dink ons almal vandag kan toepas.
As leier van die Raad en veral die Senaat het hy in die begin baie duidelik rigting gegee en beslag gegee aan ‘n doeltreffende funksionering en status van die Raad en interaksie tussen mense bevorder om mekaar te leer ken. Graag betuig ek namens die FA ons innige meegevoel aan sy familie en naasbestaandes. Hy laat aldaar ‘n groot leemte na, wat net deur sy voorbeeld en sy nagedagtenis gevul kan word. Ek dank u. [Applous.] (Translation of Afrikaans speech follows.)
[Dr A I VAN NIEKERK: Madam Speaker, a characteristic of Govan Mbeki’s life was his dedication to the ideal that he pursued. He played an important role in the history of the ANC and was honoured for that by his fellow party members and by everyone else. In 1994 I had the privilege to serve with him in the old Senate. He was the leader of the House and I was the deputy leader. He was a pleasant person to work with. He could put his point of view clearly and calmly and listened to the views and opinions of others - a characteristic I think all of us may well apply today.
As leader of the House, and the Senate in particular, he provided a great deal of direction in the beginning and gave substance to the effective functioning and status of the House and promoted interaction among people so as to facilitate their getting to know one another. On behalf of the FA, I would like to convey our sincere condolences to his family and next-of- kin. He leaves a huge void, which can only be filled by his example and his memory. I thank you. [Applause.]]
Miss S RAJBALLY: Madam Speaker, the loss of Govan Mbeki marks, as the Mail & Guardian put it, the end of one of the longest and most heroic lives in liberation politics. Being one of the liberation’s foremost intellectuals, he was one of the leading figures in the ANC and the SACP. Having been sentenced to life imprisonment in 1963, the late Govan Mbeki dedicated his life to the liberation of South Africa and has seen us through to such liberation. He gave us his son, Thabo Mbeki, as the President of our country. The MF expresses its heartfelt condolences to the ANC and the bereaved family, and grieves the departure of such an admirable soul.
May I at this point in time take this opportunity also to express our condolences to Dr Christian Barnard’s family on the loss of the world- renowned cardiac surgeon. Dr Christian Barnard is also mourned. Having been the first to successfully perform a heart transplant at the Groote Schuur hospital 30 years ago, his cardiac work has served as an inspiration and hope to many. He passed away whilst he was on business connected to the Christian Barnard foundation. Thus, he may be laid to rest, but his work and teachings will go on. The MF expresses its sincere condolences to the bereaved family and friends. The loss of this great man has left a huge gap in our society. [Applause.]
Mnr C AUCAMP: Mevrou die Speaker, miskien is dit ironies, maar persoonlik het ek meer gehoor en gelees van wyle Govan Mbeki in die week na sy dood as in ‘n leeftyd daarvoor. Miskien sê dit vir ons iets van die lewe van Govan Mbeki. Alhoewel hy ‘n belangrike leier was, was hy tog bestem om in ‘n sekere sin ‘n agtergrondsfiguur te wees. Hy was een van die driemanskap saam met Mandela en Sisulu. Hy is erken as die denker, die intellektueel, die een wat miskien die meeste werk agter die skerms gedoen het. Hy het ‘n lewe van stryd gehad, tog was leierskap in die hoogste poste hom nie beskore nie en daarom moes dit vir hom ‘n groot vervulling gewees het, toe sy seun President van die land geword het.
Uiteraard kyk ek vanuit die ander kant van die stryd na sy lewe. Ek verskil van sy filosofie, die Marxisme, wat hy tot aan die end aangehang het, maar ek is tog daarvan oortuig dat in die realiteite van daaglikse regering, hy ook met groter realisme na die daaglikse probleme sou kyk. Hy was die stigter van Umkhonto we Sizwe en dus ‘n voorstander van die gewapende stryd. Tog was hy ‘n sterk voorstander van vreedsame onderhandelinge en ‘n vreedsame oplossing. ‘n Paar aspekte was vir hom belangrik. Die belang van Afrikaans en ander inheemse tale was vir hom ‘n groot prioriteit. (Translation of Afrikaans paragraph follows.)
[Mr C AUCAMP: Madam Speaker, maybe it is ironic, but personally, I have heard and read more about the late Govan Mbeki in the week following his death than in a lifetime preceding his death. Maybe that tells us something about the life of Govan Mbeki. Although he was an important leader, he was still destined, in a certain sense, to remain one of the peripheral figures. He was one of the triumvirate alongside Mandela and Sisulu. He was acknowledged as the thinker, the intellectual, maybe the one who did most of the work behind the scenes. He had a life of struggle, and yet the highest positions did not come his way and therefore it must have been a huge fulfilment when his son became President of the country.
Naturally, I am viewing his life from the other side of the struggle. I disagree with his philosophy, Marxism, which he clung to right to the end, but I am convinced that in the realities of day to day governance, he would also have viewed daily problems with greater realism. He was the founder of Umkhonto we Sizwe and thus a champion of the armed struggle. Yet he was a strong supporter of peaceful negotiations and a peaceful solution. A few aspects were important to him. The interest of Afrikaans and other indigenous languages was a great priority to him.]
It is said that he liked to play and sing songs like ``Jan Pierewiet’’ on his guitar. Hy was ‘n man vir versoening en was gekant teen polarisasie in die politiek. Die deel van die African Charter wat sê dat Suid-Afrika aan al sy mense behoort, was vir hom ‘n werklikheid.
[He was a man for reconciliation and was opposed to polarisation in politics. The part of the African Charter that states that South Africa belongs to all its people was a reality to him.]
Oom Gov also had a good sense of humour. When asked on his 90th birthday about the secret of his good health and long life, he said that it was the absence of rich food, wine and women during the 23 years that he spent in prison. [Laughter.] This is a statement with which the late Chris Barnard definitely did not agree. Most importantly, Mr Mbeki sacrificed a long life for the cause in which he believed. This conveys a message to so many people with a mere consumer approach to life: of what can I get from life, instead of what can I give to life. The AEB supports the motion. We convey our condolences to the whole family, in particular to hon President Thabo Mbeki, who lost a respected father. [Applause.]
Mr A MLANGENI: Madam Speaker, hon Deputy President in his absence, comrades, the death of ``Oom Gov’’ occasioned the sad loss of an intellectual giant who radiated an unfailing commitment and devotion to the struggle for freedom.
He was known as a thinker who could easily speak in simple language and socialise with ordinary people. He was a true compatriot and a democrat par excellence. He was an embodiment of what the ANC stands for. He was a great statesman who harboured the noble qualities of dedication, sacrifice and discipline. He was a person who showed immense empathy for human suffering and compassion for the poor and the oppressed.
Govan Mbeki personified humility, dignity and sophistication. In his honour, former President Mandela said:
Throughout the years he continued to inspire all of us inside and outside prison with the certainty that we would triumph in the end. South Africa mourns the passing of one of Africa’s great sons. We salute a comrade, a friend, a leader in the struggle, one of the intellectuals of our movement and a fellow member of a generation that has given so much to the shaping of our country.
In memory of ``Oom Gov’’, former Archbishop Desmond Tutu said:
Our country has been blessed with some quite outstanding persons, Govan Mbeki was one such. We give thanks to God for his quite substantial contribution to our struggle and to the transformation that has happened and is happening in our country.
The General Secretary of Cosatu, Zwelinzima Vavi, paid homage to Oom Gov by saying:
People can be consoled by the fact that we are a free nation today because of his contribution. Oom Gov, one of our country’s most heroic, steadfast and thoughtful fighters against racism, discrimination and class exploitation …
The SACP, from which he drew much inspiration, remembered him as someone who -
… in all his work, distinguished himself as a scholar, a disciplined cadre, a builder and a teacher. He built and sustained a tradition of excellent political journalism and theoretical writing.
Bishop Mvume H Dandala reminded the nation:
A great African hero has died. Govan Mbeki will go down in the annals of history as a man of immense integrity, intellectual capacity; unrelenting in his determination to follow his own destiny on behalf of the voiceless, but always a gentleman of stature.
Mary Robinson, the UN High Commissioner for Human Rights, told the world, and I quote:
Govan Mbeki’s death reminds us of his enormous contribution to the struggle against racism and oppression in South Africa. His memory should make us redouble our efforts to achieve a life of dignity free of bigotry and intolerance for people around the world.
Our own Deputy President, Jacob Zuma, in paying tribute to this fallen hero, said:
The country has, indeed, lost a fine revolutionary intellectual. He could easily have led a life of comfort, but instead he chose to sacrifice everything and fight for the freedom of his people.
The death of Govan Archibald Mvuyelwa Mbeki is a national loss. We are all indebted to him for leading us in a way that is most worthy of emulation. His life and times were a celebration of a life lived to the fullest. As the whole nation mourns, we remember those closest to him, his wife, Epainette; his sons, Moeketsi, our President Thabo; and the entire Zizi clan.
Sitwalandwe, hamba kakuhle! [Rest in peace, hon Mbeki!]
Tsamaya hantle, re a ho lokolla Zizi! [Rest in peace, hon Zizi!]
Long live the spirit of Comrade Mbeki, long live! [Applause.]
The SPEAKER: Order! Hon members, as I indicated previously, the sentiments will be conveyed to the family.
MARKETING OF AGRICULTURAL PRODUCTS AMENDMENT BILL
(Second Reading debate)
The SPEAKER: Order! The hon the Minister for Agriculture. [Interjections.] Deputy Minister!
The DEPUTY MINISTER FOR AGRICULTURE AND LAND AFFAIRS: Madam Speaker, it can be confusing because I sometimes look more beautiful than she does! [Laughter.]
An HON MEMBER: What a sexist comment!
The DEPUTY MINISTER: No, it is not, man!
What we have in this amending Bill - and I will just focus on the main points - is that at the moment the Marketing of Agricultural Products Act has a very interesting and central operational role for the relevant portfolio committee and the NCOP committee with regard to the appointment of members of the marketing council and the approval of certain marketing interventions. This situation causes some administrative problems. It confuses the roles of the legislature and the executive, which are clearly distinguished in the Constitution, and it also causes lengthy delays. The Bill aims to streamline these roles in the present Act. I think we can safely say that what we have in this Bill - and this is how I would like to typify it - takes us to some position of maturity. Maturity, in essence, means taking some responsibility. I think the responsibilities are now placed where they should be, which means that the executive and the parliamentary committees can now do what they should do.
The old marketing Act was a complete control system for the marketing of agricultural products. It was possible to regulate the marketing of agricultural products by declaring them controlled products, and a whole system was in place. With the introduction of the amendments in 1996, the whole profile of the marketing of agricultural products was drastically done away with. We abolished the elaborate control measures and introduced a free-market system.
It was really a revolution. A new order was put in place and in that process the parliamentary committees were given a significant role to play in the implementation of the Act. It should also be seen within the context of the Government of National Unity, which was in place at that stage.
However, that transition has been largely completed and the handing down of the Constitutional Court decision in the Heath matter has made it imperative for us to distinguish between the functions of the legislature, judiciary and executive. The Act is mainly being amended now in order to provide for that.
I was saying that we are moving into maturity. Maturity consists in clarifying the form that social organisations take in a given epoch. It judges the adequacy of our institutions, as we are doing now with the marketing council, for promoting human community and for assuming responsibility both for the way these institutions are and for making them more adequate.
What should an executive do? An executive puts into effect and executes laws. It gives practical expression to what should be done in the national interest. The practical necessities of parliamentary government make it necessary for Parliament to trust the executive to govern. But, Parliament retains the right of ultimate control over the executive. It retains the right to amend, criticise, question and, in the last resort, defeat.
What I am saying is that what we are doing in this Bill is exactly giving substance to those objectives. On the one hand, the parliamentary committees’ role in appointing the council and market interventions is given to the executive, while on the other provision is made for reporting to parliamentary committees when the executive has done something in this regard and when they have appointed members of the council. In that way the accountability of the executive to Parliament is given expression.
There is a wider dimension to what we are doing here today. Agricultural marketing is of primary importance in this wave of globalisation which marks our epoch. There is a major shift of historical dimensions which give us our modernity. These simple amendments that we are effecting today are very much part of this challenge. It is needless to mention the data on the social and economic situation of Africa where entire countries and regions are at risk as a result of complex combinations of economic factors, excruciating poverty and grave diseases. The major cause of this is global marketing conditions, the huge and unpayable debts, disparate terms of trade, ruinous prices of basic commodities and climatic changes. This is our modernity to which we must answer also in respect of the development of our agricultural marketing.
Those are the challenges that we have to face. Sometimes we think that there is a breakdown pending. But what we should do, which is something that our agricultural marketers have already proved since 1996, is to have an attitude of facing up to the new order, and historically and lucidly facing up to the collapse of the old order. That is what it means to take responsibility. That is our reaching maturity. I think that that is what our task is with regard to the modern marketing order in the world and that is my message to the agricultural community in this regard. [Applause.]
Adv S P HOLOMISA: Madam Speaker, hon members, at the initial stages of the transition from apartheid South Africa to the constitutional democracy of our day, it was inevitable that some of the fundamental principles underpinning normal democracies would be somewhat compromised or confused. One such principle was that of the separation of powers between the legislature, the executive and the judiciary.
Constituted as it was with elements of the democratic forces and those of the apartheid era, the Government of National Unity had to be closely guarded and monitored by Parliament. Thus it became necessary, nay imperative, that parastatals such as the National Agricultural Marketing Council, the Agricultural Research Council and others were constituted with the active involvement of the relevant parliamentary committees. The Acts setting them up and regulating their activities also had to be administered jointly by the executive and Parliament. After all, these councils had previously been intended to serve only a tiny minority of our society. The gradual maturing and development of our democracy, as well as various pronouncements by the courts on the constitutionality or otherwise of some of the activities of the various arms of Government in relation to the principle of separation of powers, require that we begin to give effect to the requirements of the Constitution in this regard.
The Marketing of Agricultural Products Amendment Bill, as amended by the portfolio committee, is a shining example of how Parliament and the executive can complement each other in such a way that none interferes in the area of operation of the other. The Minister is allowed to carry out her tasks with regard to the administration of the Act in a manner that allows Parliament to assess and monitor the proper implementation of the law. Where previously the parliamentary committees dealing with agriculture were involved in the selection and appointment of members of the NAMC to the extent of vetoing the decision of the Minister; this amending Bill merely requires that these committees, together with other interested stakeholders, be invited to submit names, if they so wish, for consideration by a selection committee set up by the Minister.
The Minister is now required to inform the parliamentary committees of the appointments made, within 30 days of such appointments. Though her decision is final, this provision is intended to afford the committees an opportunity to establish whether or not the persons appointed meet the requirements laid down in the law.
In addition to the usual criteria laid down to determine the suitability of candidates for public office, the Bill, as amended by the committee, prohibits the appointment of persons who have been found to be racist, in terms of section 7 of the Promotion of Equality and Prevention of Unfair Discrimination Act, No 4 of 2000. We want to ensure that the relics of the past are not part of our present.
Owing to the misunderstanding of the true intentions of the Ministry of Agriculture with regard to the Minister’s right to prohibit import or export of certain agricultural products, some of the organisations representing the fruit industry thought that the amending Bill sought to reintroduce the discredited single-channel practice, which controlled trade within the industry to the detriment of free trade.
As a result of representations made to the portfolio committee and subsequent explanations, the Bill has been amended to provide for the NAMC to invite directly affected groups to express their views or lodge objections before the Minister can exercise her power to impose a prohibition on the import or export of certain agricultural products into or from South Africa.
The Amending Bill further provides for the liquidation of the marketing boards which were set up in the previous era. Moneys that were collected by such boards will be transferred to the custody of a body to be decided upon by the Minister. The financial affairs of such a body will be subject to auditing by the Auditor-General. The parliamentary committees dealing with agriculture will continue to be informed of new statutory levies to be imposed on particular industrial groups, even though their approval will no longer be required.
I am happy to report that, as amended, the Bill enjoys the full and unanimous support of all the parties that play an active role in the work of the committee. [Applause.]
Mr A J BOTHA: Madam Speaker, the purpose of this amendment, as also stated by the Deputy Minister of Agriculture, is to improve the cumbersome requirements of bad legislation so that the Department of Agriculture can function more efficiently, and the DA fully supports that. However, instead of doing that, we are, once again, being asked to enact even worse legislation that drives another nail into the coffin of parliamentary oversight.
As with the amendment to the appointment of the Agricultural Research Council, the hon members of the ANC, once again, demanded the total exclusion of Parliament in the appointment of the National Agricultural Marketing Council. This justifies point 3 of the memorandum on the objects of the Bill, which says in part:
The amendments would result in a reduction of the cost to appoint the members of the NAMC, especially with regard to the involvement of the relevant parliamentary committees.
Hon members on that side of the House clearly did not value the wise counsel of a great son of Africa, Mr Kofi Annan, who said:
Over and over again, we have learned, especially in Africa, that poor people’s stomachs are not filled by rulers who refuse to submit themselves to the people’s judgement.
The portfolio committee was promised that there would be full public participation before this Bill was enacted. Instead, and at the behest of some fast-driving whips, this amendment has been rammed through Parliament at supersonic speed in just two weeks. For how long do hon members responsible for this ghastly sham think they can get away with it?
As we speak, President Mbeki, the leader of the ANC, is holding secret talks with President Mugabe, the undertaker of Southern African hopes. The talks are secret, because neither the ANC caucus nor the rest of the House was consulted beforehand; nor will there be any report afterwards, because we are told that diplomacy has to be silent. This apparently suits hon members on that side of the House, because they heed the call to see no evil and hear no evil. On 28 August, they rejected a proposal that the portfolio committee to investigates the agricultural productive capacity of Zimbabwe for the coming season. It does not require a rocket scientist to realise that the anarchy in that country will severely impact on the South African commodity markets in the coming season and for some seasons to come.
A serious attempt at parliamentary assessment of the food security situation in Southern Africa was shot down, by the members on that side of the House, as being party-political posturing. The awful truth is that far too much ANC activity in Parliament is based on party-political posturing. This has resulted in the Auditor-General signing the following report, on 9 July 2001. I quote as follows:
Since the previous year, the Agricultural Research Council’s financial position has deteriorated from a cash-flow perspective. It is clear that the current infrastructure and operations cannot be continued in the long term with the available funds, and if actions are not taken timeously, the Agricultural Research Council might not be a going concern in the near future.
If we should allow that to come to pass, we will be called upon to make another amendment to this Bill soon. That amendment will be to rename the marketing council the ``import council’’, because there will be nothing to market.
Thankfully that day will never come to pass, because the country will reject this nonsense of the ANC, as we in the DA proudly reject this nonsense asked of us today. I repeat that the DA actively supports any improvement in legislation, but does not support this amendment, as proposed, because it seriously undermines the powers of Parliament. [Applause.]
Mr G B BHENGU: Madam Speaker and honourable House, the IFP supports the amending Bill and has no reservations at all. We believe that the injunction of the Constitution must never be tampered with, but rather treated with deference.
Parliament has a mandate to promulgated laws and must see to it that those laws are honoured. In this case, Parliament becomes the referee, seeing to it that the rules of the game are obeyed. Therefore, it cannot simultaneously be a player.
The executive, as represented by the Minister, has a mandate to execute what has been legislated by this House. Therefore, it is incumbent upon the Minister for Agriculture to appoint members of the National Agricultural Marketing Council, because such council will have the duty to advise her, and not the portfolio committee.
It is therefore administratively unfair to the members of the portfolio committee to recommend names of candidates who should serve on the advisory marketing council. We believe that the representivity of stakeholders and interest groups will be catered for by the Act, and that this process is going to be transparent. We also believe that the nominations from and by such interest groups and stakeholders will not be disallowed in respect of the council just because they do not have official credentials to prove that they have knowledge of or expertise in the marketing of agricultural products.
We hope that Government’s commitment to recognise prior learning experience will count in such interest groups’ favour. Previous sociopolitical conditions in the country denied other racial groups access to effective agricultural marketing. I would also like to deny what has been alleged, and that is that the committee did not unanimously support this Bill, but that it was supported by only one party. In fact, currently we have a problem within the marketing council. Instead of the Minister appointing the marketing council, the committee recommended some of the people who are now creating a problem for the department.
When it suites us, we speak of the division of power. But it becomes a problem when we parliamentarians turn around and hold the department to ransom by saying that we are going to appoint a council to advise us, where that council is not going to advise us, but the Minister.
This Bill further says that after the Minister has appointed the council, she will report to the committee, so that the committee can interrogate her and be satisfied that the criteria set in the Bill have been met. The Bill also makes sure that the Minister will see to it that the funds that are collected are used for the good of the people in general. Most of the agricultural levies must be used in such a way that they are able to level the playing fields, so that those farmers who come from disadvantaged groups are enabled to compete on an equal basis with those who have been advantaged in the past.
Therefore the IFP supports the amending Bill.
Mr S ABRAM: Madam Speaker, the basic objective of this Bill is to provide for regulatory measures, and therefore the UDM will support it.
However, I wish to highlight one or two points. Firstly, I have taken note of the arguments advanced by the hon Mr Botha with regard to the oversight function of the Portfolio Committee on Agriculture and Land Affairs. I believe that the task of the executive is to see to it that it governs and that the task of Parliament, and therefore the parliamentary portfolio committee, is to see that the Government is kept in check and that it governs well. And wherever Government fails, then, of course, it is the task of the portfolio committee to take the issue up. Therefore we are of the view that when a body such as the agricultural marketing council is appointed, there is a need for experts to serve on that body. I do not think I personally am adequately qualified to identify experts to serve on such a body.
I need to highlight one or two amendments which are interesting. Firstly, there is an addition in respect of the issue of a person nominated to the council who is an unrehabilitated insolvent. The provision now provides for the trustee of this person’s insolvent estate to certify that the insolvent is a fit and proper person to serve as a member of the council.
In these unfortunate times, where we have many good people who, as a result of financial circumstances, go under, the object should be to see to it that the services of such people are not lost to society. Therefore such people should be accommodated.
Another interesting feature to which the chairperson of the portfolio committee referred is that if the Minister wishes to impose a ban on the importation of any agricultural product, she has to consult the parliamentary portfolio committee. In this particular instance, the amendment provides for the Minister to be advised by the Agricultural Marketing Council. Therefore, there are some interesting features built into this amending Bill and we therefore support it.
In view of the shortage of time, I cannot embark on discussing any other provisions of this amending Bill. [Applause.]
Ms C DUDLEY: Madam Speaker, whilst the stated intention of the Government is deregulation, it appears that we are simply moving from self-regulation of the industry to Government regulation. The structure provided for in the Bill should in fact be a temporary one. But without a sunset clause stipulating a five-year expiry date or a five-year deadline to accomplish its intended goals, it looks set to be permanent. In this case we will simply be building a new bureaucracy and incurring unnecessary expenses. The reality is that deregulation of the agricultural industry has so far thrown the industry into disarray, with research stations closing down, farmers having to pay for advice or simply not getting any if they cannot afford it, and animals such as dairy herds not being innoculated against tuberculosis. All of these impact negatively on society, as it pays the price of lower quality and higher prices.
What is needed is not deregulation, but self regulation. The ACDP is of the opinion that the agricultural industry should regulate itself and Government should seek representation on these structures to facilitate strategic planning and co-operation.
Mr P H K DITSHETELO: Madam Speaker, having considered the Bill throughout the committee session and the consultation processes with stakeholders affected by the proposed amendment of the Marketing of Agricultural Products Act of 1996, the UCDP viewed the Act in its current state as in conflict with the principles of separation of powers as contained in the new Constitution of the country in that the Act does not distinguish the role of Parliament’s committees with the executive’s implementing agency. We therefore support an amendment aimed at streamlining the process to bring it in line with the Constitution.
We also note the concerns lodged by members of the deciduous fruit industry with regard to the Minister’s decision to impose any form of prohibition in as far as the import and export of agricultural products is concerned. The UCDP is satisfied that adequate provisions have been made to allay and address the fears of the industry and stakeholders, as it becomes compulsory for the Minister to consult with the National Agricultural Marketing Council before he or she institutes any prohibition with regard to the import of products. The UCDP proposes that the amendment to the Marketing of Agricultural Products Act of 1996 be accepted and voted upon. However, the challenge would lie in the monitoring and implementation of the Bill to ensure that its objectives are carried out in the best interests of the country and the industry.
Dr A I VAN NIEKERK: Mev die Speaker, die bemarking van landbouprodukte in Suid-Afrika vind onder die sanksionering van die wet plaas en wel in ‘n vryemarkomgewing. Die wetwysigings wat ons vandag bespreek, het te doen met die bemarking van landbouprodukte, asook om die Minister van advies te bedien.
Die wysigings is goedgekeur deur die portefeuljekomitee, alhoewel die FA en ander opposisiepartye verder sou wou gegaan het en meer inspraak van die portefeuljekomitee wou bewerkstellig; nie om die Minister aan bande te lê in haar keuse nie, maar om te sorg dat daar ‘n verteenwoordigende groep mense beskikbaar is vir die Minister om te kan aanstel.
Die sukses van die vryemarkstelsel word bepaal, enersyds, dat daar so min as moontlik ingrepe gemaak moet word vanaf owerheidsweë en andersyds, wanneer daar ingrepe gemaak word, dit net beperk word tot maatreëls. Die taak en rol van ‘n portefeuljekomitee van die Parlement om daarna om te sien dat daar ‘n goed verteenwoordigende groep mense op die bemarkingsraad aangestel word, is noodsaaklik. Dit word aansienlik bemoeilik aangesien die seleksie en aanstelling van persone feitlik geheel en al binne die mag van die Minister vir Landbou deur die hierdie wetswysigings geplaas word.
Ons ondersteun dus basies die wetsontwerp, maar maak beswaar omdat ons uitgestem is in die komitee. Die totstandkoming van ‘n vryemark in Suid- Afrika het nie maklik plaasgevind nie. (Translation of Afrikaans paragraphs follows.)
[Dr A I VAN NIEKERK: Madam Speaker, the marketing of agricultural products in South Africa takes place under the sanction of the law and in fact in a free-market environment. The amendments to the Act that we are discussing today deal with the marketing of agricultural products, as well as advising the Minister.
The amendments were approved by the portfolio committee, although the FA and other opposition parties would have wanted to go further and procure a greater say by the portfolio committee; not to restrict the Minister in her selection, but to ensure that a representative group of people is available to the Minister for appointment.
The success of the free-market system is determined, on the one hand, by limiting interventions by the authorities to the minimum and, when intervention takes place, on the other, limiting it to essential measures only. The task and role of a portfolio committee of Parliament to ensure that a well-representative group of people is appointed to the marketing council is essential. This is being hampered considerably as the selection and appointment of persons fall virtually entirely under the powers of the Minister for Agriculture owing to these amendments.
We therefore basically support the Bill, but we object to being outvoted in the committee. The establishment of a free market in South Africa did not come about easily.]
We started in South Africa without any agricultural industry really. It developed over time, with interventions by Government, using schemes which helped farmers to such an extent that in the end we could produce much more than we needed.
Eventually, infrastructure was developed through the marketing Acts, which were amended over time. I think we have, in the end, a sensible agricultural policy which functions well in the free market.
However, that is free-market entrepreneurship. The free market, within which we operate, creates a lot of infrastructure in which we can now accommodate landless people, develop new farmers and new industries.
Dit is moontlik. Ons kan dit doen, maar die hele omgewing wat die Wysigingswetsontwerp op Landboubemarking skep, is ‘n vryemarkomgewing en binne hierdie omgewing is dit net die gevestigde boer wat kan en sal oorleef. Die groot probleem binne die Suid-Afrikaanse landbou is dat die vryemark, wat op vraag en aanbod reageer, in siklusse begin beweeg. Die arme boer wat in ‘n lae siklus inkom, het nie ‘n kans as hy nie infrastruktuur of geld het om te kan oorleef nie. Bo en behalwe die wispelturigheid van die vryemark, sit ons ook nog met die wispelturigheid van die klimaat. Op watter manier gaan ons dit hanteer?
In die vryemark, wat ons tot ons beskikking het om nuwe boere te help, sit ons met ‘n dilemma dat die staat tog een of ander tyd sal moet ingryp om te help dat hierdie nuwe toetreders tot die landbou oorleef. Alle hulpskemas word verwelkom. Die staat help nie eintlik meer die landbou nie, behalwe in gevalle van uiterste nood. Iewers sal ons dus in die sisteem van bemarking hiervoor voorsiening moet maak. Ek wil ‘n ernstige beroep doen op die Minister, om te kyk na maniere waarop ons die boere kan help om hul eie fondse op te bou om te gebruik in tye van nood. (Translation of Afrikaans paragraphs follows.)
[It is possible. We can do this, but the whole environment created by the Marketing of Agricultural Products Amendment Bill is a free-market environment and it is only the established farmer who can and will survive in this environment. The big problem in South African agriculture is that the free market, which reacts to demand and supply, has started moving in cycles. The poor farmer who gets in when the cycle is low does not stand a chance if he does not have the infrastructure or money to survive. Apart from the variable nature of the free market, we also have the variable nature of the climate. In what way are we going to deal with this?
In the free market, which we have at our disposal to help new farmers, we have the dilemma that the state would have to intervene at some stage or other to help these new entrants to agriculture to survive. All aid schemes are welcome. The state no longer really aids agriculture, except in cases of extreme need. We will therefore have to provide for this somewhere in the marketing system. I want to appeal seriously to the Minister to look at ways in which we could help farmers to build up and use their own funds in times of need.]
There is only one aid scheme which still remains. When drought comes some farmers sell their livestock, if they have any, then …
… wat is dit nou weer in Engels? Hulle belê dit by die Landbank met rente, maar belastingvry, sodat dit weer aangewend kan word. Hierdeur kan ons in goeie jare ‘n basis opbou waar boere in swakker jare kan oorleef. Wanneer hulle dus daardie geld onttrek, kan dit vir belasting in aanmerking kom. Dit is ‘n belangrike faset wat ons sal moet inbring vir beide groot-en kleinboere om sodoende in die nuwe Suid-Afrika met sy wispelturige klimaat en wisselende ekonomie te kan oorleef.
Wat betref die ontwikkeling van kleinboere onder hierdie wet, wat eintlik tot stand gekom het om kleinboere te help en nou van die tafel af verdwyn, voorsien ek dat daar in die volgende vier jaar weer teruggekeer sal word na die gedeeltes van die hulpskemas binne die ou Bemarkingswet. Die doel met hierdie hulpskemas was nog altyd om krediet te voorsien, om oorlewing te voorsien en wat die vele kleinboere wat ontstaan, te help vestig. Sou ons dit nie doen nie, dan sal hierdie kleinboere vir ‘n dag, ‘n jaar of twee jaar oorleef en wanneer die eerste finansiële of klimaatskrisis ontstaan, sal hulle net verdwyn en sal ons die prys daarvoor betaal. (Translation of Afrikaans paragraphs follows.)
[… how does one put that in English? They invest it with the Land Bank, with interest, but tax free, so that it could be used again. In this way we could build up a basis in good years, which would enable farmers to survive the poorer years. When they therefore withdraw that money, it could be taken into consideration for tax purposes. This is an important facet that we would have to introduce in respect of both large and small farmers, in order to survive in the new South Africa with its variable climate and changing economy.
As regards the development of small farmers under this law, which was in fact drafted to help small farmers, but is now disappearing from the table, I foresee that within four years there will be a move back towards the sections of the aid schemes under the old Marketing Act. The purpose of these aid schemes has always been to provide credit, to ensure survival and to help establish the many emerging small farmers. If we did not do this, then these small farmers would survive for a day, a year or two years and when the first financial or climatic crisis arose they would simply disappear and we would pay the price.]
It is essential that the Minister gives attention to the fact that, under the marketing scheme, we provide some form of assistance to small farmers so that they can survive the difficult and harsh conditions under which South African farming takes place. [Applause.]
Miss S RAJBALLY: Madam Speaker, the MF compliments the department on the amending Bill that brings the Act into line with both the Constitution and the Public Finance Management Act. Further, the clarification, enhancement and elaboration concerning levies have been correctly composed, as needed. The requirement that the National Agricultural Marketing Council ensures representation of all affected groups is necessary.
The MF acknowledges the efforts that will culminate in calling for nominations by the publication of an invitation in the Gazette and departmental newsletters. The MF suggests that further methods of publication should take place made to ensure that this is brought to the notice of all parties concerned. The MF supports the Marketing of Agricultural Products Amendment Bill.
Mnr C AUCAMP: Mev die Speaker, ek glo die agb mnr Botha het seker vir die Vrystaat senter gespeel, want hy kan ‘n ``gap’’ vat. Ons is besig met wetgewing oor bemarking, en dan maak hy ‘n draai in Zimbabwe. [Tussenwerpsels.]
Die AEB steun die vaartbelyning van prosedure. Ons is nie ‘n party vir omslagtige prosedure wat effektiwiteit vertraag nie. Ons het ook begrip daarvoor dat ‘n parlementêre portefeuljekomitee nie noodwendig die beste instrument is om as ‘n keurkomitee in spesialissake te dien nie. Ons besef ook dat die Regering nie ‘n kritieke saak soos landboubemarking bloot aan markkragte kan oorlaat nie. Kos is en bly ‘n strategiese middel, en daarom moet daarna gekyk word.
Ons wil wel ons kommer uitspreek dat ons glo, waar die taak nou aan die Minister gegee is, dat daar te min kontrolepunte ingebou is, ook omdat die raad nie verteenwoordigend hoef te wees van sekere belangegroepe nie, maar gewoon spesialiste moet insluit. En, alhoewel dit nie oor ‘n baie kritieke saak gaan nie en ons die wetsontwerp nie sal teenstaan nie, wil ons daarteen waarsku dat prosedure vergemaklik word deur bloot alles in die hande van die Minister te laat. Ons kan nie sentraliseer nie, maar ons moet wel spesialiseer. (Translation of Afrikaans speech follows.)
[Mr C AUCAMP: Madam Speaker, I believe the hon Mr Botha probably played at centre for the Free State, because he knows how to take a gap. We are dealing with legislation on marketing, and he paid a quick visit to Zimbabwe. [Interjections.]
The AEB supports the streamlining of procedure. We are not a party in favour of cumbersome procedure which can hamper effectiveness. We also understand that a parliamentary portfolio committee is not necessarily the best instrument to serve as a selection committee in specialist issues. We also realise that the Government cannot simply leave a critical matter like agricultural marketing to market forces. Food is and remains a strategic instrument and for that reason it must be looked at.
We would like to express our concern that we believe that, whereas the task has now been given to the Minister, too few control points have been built in, also because the council does not have to be representative of certain interest groups, but simply has to include specialists. And, although this does not concern a very critical issue and we are not going to oppose the Bill, we would like to warn against procedure being facilitated by simply leaving everything in the Minister’s hands. We cannot centralise, but we must specialise.]
The MINISTER FOR AGRICULTURE AND LAND AFFAIRS: Madam Speaker, hon members, firstly, I would like to thank the chairperson of the committee, Nkosi Holomisa, for the way in which he handled the debate on the Marketing of Agricultural Products Amendment Bill in the portfolio committee. I was a participant in that committee several times and the debate was very robust. At some stage I was not sure whether he was still my comrade, because he was very, very clear that he would give everybody a chance and even debate with me on some of the matters.
I think the way in which the chairperson and the members, all of them, have participated in this debate ensured that indeed the outcome of the process was such that all of us as South African public representatives can be comfortable that indeed it represents the interests of the various constituencies. Clearly, as has been said, also by members participating in this debate, there is no debate on the need for the separation of powers.
However, the concern has been raised, and in my view it has been accommodated in the Bill, of how, even if the executive plays its role, it would be possible for Parliament to play its oversight role in a fair way. I think that has been covered in the Bill, particularly to allow for criteria to be set on how the selection panel has to be formed, and also creating an opportunity for interested parties to participate in the nomination process which the selection committee will deal with. It also allows for an opportunity, as soon as possible after the decision has been made by the Minister, to come and inform Parliament on the decision that has been taken. I think that this has helped to improve the way in which we are able to undertake our task both as the executive and the legislature.
Concerning the matter that was raised by hon A J Botha, I must say that, in the meetings in which I participated, the chairperson, in receiving the inputs from one of the stakeholders, did indicate to the portfolio committee that if there were other people who knew some of the interest groups or other parties who may have wanted to come before the committee and make presentations they should have done so. He even called the department to find out if it knew of such other parties from whom they could get some information. He also indicated that if those parties preferred to approach the chairperson directly, they were welcome to do so. So, in my view, regarding the way in which the chairperson dealt with this matter, the issues of the public hearings or having other views were accommodated. I hope hon A J Botha will remember that such an instance did happen in the committee. So, I think that, regarding the way in which we debate, we should be able to give an honest view of what has happened regardless of what some of the differences may be.
I also want to indicate that, in respect of the matter that was raised by hon C Dudley, I do not think that what we are proposing here is going back to regulation. But we are actually enhancing the deregulated environment that we have taken into consideration. Clearly, many other members who participated in this debate raised issues but the fact is that the issues are not about the Bill at hand but whether or not we feel the road that we have travelled, since 1996, has had any benefits or disadvantages. In my view, even where we can mention self-regulation, the decision, in 1996, particularly allowed for a free market, where the industry can participate without any authority from Government dictating what they should do.
But, clearly, there would still be some room for the Government to consider the needs of all interested parties. Therefore, whatever free market there is in the world, one still has some limitation that allows the state to see to it that the needs of all parties are taken into consideration. I think that is a healthy debate.
However, on issues that have been raised by the hon Van Niekerk and other members, I would agree that maybe the portfolio committee, when it has time, should debate some of these matters. I raised these with the portfolio committee this morning, and said that, indeed, given the international environment and some of the effects of deregulation, there is room for looking at our marketing legislation again in order to see whether or not there is any need for adjustment or change?
With regard to the issue about the Agricultural Research Centre and research funding, hon members would know that we discussed this matter in the debate of the agriculture Vote. We have also, as a department, taken it a step further by interacting with the Minister of Arts, Culture, Science and Technology so that, indeed, we can improve the funding levels of the Research Council of South Africa.
We also have had a strategy meeting with all interested parties, including farmers and the industry, to find a way in which we can improve the funding capability of the ARC. We have also taken into consideration that we do need to improve the management capacity of that institution so that, indeed, what Parliament votes for does happen. This would facilitate where the money has to go for the public good. I think it is these measures, in our view, that would also help us to utilise the amounts that we have and also to be able to look further into where we can obtain other amounts.
I would like to thank all the members of the committee for the way in which they participated, both in the committee and in today’s debate, regardless of the fact that there were still some of the members who raised some concerns. As members know we have and will continue to accommodate some of these views where it is possible to do so. [Applause.]
Debate concluded.
Bill read a second time.
COMPANIES AMENDMENT BILL
(Second Reading debate)
The MINISTER OF TRADE AND INDUSTRY: Madam Speaker, this amendment is a relatively small one, but has quite important implications for implementation.
The basic thrust of the Bill is to make amendments which will allow for the electronic processing of documentation which did not exist in the Act previously. The South African Companies and Close Corporations Registration Offices, Sacro, had already embarked some years ago on a completely electronic and computerised system for the incorporation of companies and close corporations. This new process will include registration of corporate documentation and other information in respect of these entities and, in effect, means that another of the primary functions of the registrations office, which is the disclosure of the corporate information, will also be able to be performed electronically.
This system is in addition to the existing functions and will not replace the paper-based structures. In time, however, it may become the main way of dealing with the registration office. The new system was developed in close co-operation with Sars, various departments of state, other regulators and interested parties from the private sector.
The development phase has been finalised and the registration office is now ready to further implement the new system. It is basically the aim to amend the Companies Act of 1973 to legally enable the lodgement of documents and disclosure of information in respect of the companies by means of electronic processes. This will allow for the phasing in of electronic lodgement of corporate forms, electronic payment with prescribed fees and electronic disclosure of corporate information.
For those interested, there are approximately 9 000 documents per day that are being recorded in the companies office. They are recorded on an electronic tracking system and information is now freely available on the various websites of the Department of Trade and Industry. One of the main advantages of the new system is that it will allow people to lodge from many different places as opposed to the current situation, where we have only one office in Pretoria.
The main objective of this amendment, as I said, is to create a legal environment for electronic lodgement and we have made one or two small amendments to eliminate obsolete provisions and provide for correction of incorrect cross-references. We would urge support of what is an important technical change to the Companies Act. [Applause.]
Mr N S BRUCE: Madam Speaker, I am not sure why we are debating this Bill this afternoon. I asked, because I cannot remember that there was any disagreement when the matter was discussed in the committee. However, I have been told by the Whips that the Speaker insisted that the matter be debated and far be it from me to deprive the Speaker of her afternoon of amusement.
May I say that this Bill is a practical acknowledgement that this country is adapting to the information revolution which is the powerful motor behind the widespread acceptance of free trade as being of universal advantage. The Official Opposition supports the Bill and urges the Ministers of Trade and Industry and of Foreign Affairs to foster similar practical legislative adjustments in the jurisdictions of all SADC members.
Indeed, there is substantial need for enlightened policy convergence in many critical areas if this trade bloc is to be of economic consequence in the modern world. If progress can be made on convergence of technical matters such as these, it stands to reason that a platform of co-operation will be established when more controversial policy issues are addressed.
There need be no more graphic examples of the need for confluence than the influence on the value of the rand of the morbid economic consequences of the abrogation of the rule of law in Zimbabwe, SADC’s second largest economy, although still a very small one. Within any trade bloc, deviations from the rule of law are likely to be seen by investors in developed countries as highly contagious among other members of that trade bloc.
Last month I spent 10 days visiting financial institutions in London that direct international investment flows. Some have a long history of involvement in this country and I have visited them regularly over the past 20 years. I was asked only one question: How many steps is President Mbeki behind Bob Mugabe? I was left with no doubt that Argentina, despite its financial crisis, was in the mind of the international investor a more likely future prospect for investment than a Southern African bloc tolerant of aberrations reminiscent of Idi Amin.
President Mbeki should realise that foreign investors are as important a part of his constituency as those who vote in elections once every five years. For investors vote daily with their investment dollars and they felt their interest was neglected, maybe even abandoned, by what is euphemistically called his ``quiet diplomacy’’. Markets, of course, do not always reflect economic fundamentals and are unlikely to do so when other flaws are detected in the political economy, and we have our share of those. We have lost one privatisation opportunity after another. Now SA Airways listing is to be delayed by two years. The arms scandal, the lottery delays, our leadership in violent crime and what appears to be an unawareness of the economic consequences of Aids, all these are flaws that cumulatively discourage investments.
Do hon members know what capital market opinion expects of us now abroad? It is that instead of supporting free trade and the globalising economy, South Africa will move progressively to the lunatic fringes of the World Trade Organisation where prosperity is sacrificed to keep politicians in power. At the Geneva headquarters of the World Trade Organisation last month, delegations from two other countries, one of them a member of the Cairns group, expressed the view that the South African delegation was not up to the tough negotiating task at hand.
The official opposition supports the Government’s policies of negotiating greater access to the markets of the developed countries. It is acutely aware, therefore, of the need for negotiators with ability and integrity, chosen on merit and for no other reason. While some of our embassies can be counted on to provide refuge and rewards to struggle graduates and inept politicians or both, it is always done at a cost and never more so than if it is done in Brussels or in Geneva.
Globalisation is no panacea, but any country ignores it at great cost. The significant change it has brought is that while governments could once decide which investors to allow into their economies, today they have to persuade investors that their country has something significant to offer them. Today investors have to be nurtured. So when a Minister scheduled to meet 25 visiting industrialists ducks out at 48 hours’ notice, they cannot be depended upon to be sanguine. One can guess how they will vote with their Deutschmarks. [Applause.]
Dr R H DAVIES: Madam Speaker, I think that you have been enormously tolerant. I do not think that the previous Speaker said much that was relevant to this Bill. The Bill is in fact similar in content to the Close Corporations Amendment Bill, which we passed in the last session, and the Bill passed through the committee unanimously and without amendments.
It is clearly important that we do allow for the application of information and communications technology to administrative processes and amend our laws where necessary to allow this. It is to be hoped that the passage of this Bill will assist in the ongoing project of promoting greater efficiency in South African companies and the close corporation registration office.
The committee, as it often does, looked at this Bill from the point of view of a small business located in a rural area. We said that we could clearly see the benefits of this Bill for large companies with their own sophisticated ICT systems in place. But we asked how this Bill would benefit a small company located in an outlying area.
The answer we received was that it could potentially benefit such firms, precisely because they would now be able to lodge their applications and obtain information from a distant location, instead of having to be present in Pretoria or rely on the couriering of documents. In effect this means they could gain the advantages which the informations communications technology has of cutting down distance in time.
This, of course, depends on such firms actually having access to ICT and to the Internet. I know that a number of local small business centres are already providing such services to small, medium or micro enterprises that might not have their own facilities. It is to be hoped that such facilities will be extended in other ways throughout the country in due course. With these few words, and given that this Bill was unanimously agreed upon, it is a pleasure to commend it to the House. [Applause.] Mr H J BEKKER: Madam Speaker, the Minister and previous speakers have made out a solid case for supporting this amending Bill. Electronic transactions are something that countries must simply live with in the future. Questions such as this one have indeed been asked: But what about the rural people who do not have access to electronic media? I think the chairperson has made quite a good case for saying that although one is far away, one is actually much closer to the rural or regional trade and industry, intelligence or other office where one can communicate.
However, apart from this, nobody has prohibited the old system, and one can still continue with it, that is one can still complete the blue forms for registration as it was done in the past. This will thus even be an additional benefit for rural and far-away people, as it is not taking away any of their existing rights.
I am, however, baffled by how the hon Bruce could link this Bill on electronic communications or close corporation registration with Mugabe and the World Trade Organisation. But before I become engrossed in that, let me say that, with these few words, the IFP definitely supports this Bill.
Mr C T FROLICK: Madam Speaker and hon members, the objectives of the Bill have been clearly articulated by the hon the Minister. The new Bill will not only provide for the phasing in of the electronic lodgement of corporate forms, electronic payment of fees and electronic disclosure of corporate information, but will ultimately provide entrepreneurs with a one- stop facility to access the system in an uncomplicated way within the shortest possible time.
During the presentation to the portfolio committee, as was highlighted by the chairperson, the department described one of the main attributes of this new system as its potential to take Sacro’s registration and disclosure services to the masses and all remote areas in South Africa.
It is also the department’s intention to make the majority of these services readily available on the Internet and at various other public offices throughout the country. While these intentions are noble, we must take into account the vast disparities in infrastructure and facilities between urban and rural areas. Too often the level of service delivery in rural areas is poor or nonexistent, thus placing fellow South Africans living in these areas at a major disadvantage. The department must ensure that the implementation of this amendment does not perpetuate this anomaly. The UDM supports the Bill.
Ms C DUDLEY: Madam Speaker, hon Minister, the ACDP would like to congratulate the director in charge of the Company’s Office on a job well done. We realise that the provisions contained in the Bill simply reinforce what has already been accomplished and is being implemented. Online registering of companies speeds up the process, reduces costs and ensures that all information is readily available in all parts of the country.
One area that is still lacking, though, is that not everyone has access to computers. Therefore, local centres, as mentioned by the chairman, should be set up where members of the public can be assisted with accessing information and registering. These centres would need to be advertised, so that the excellent service being offered is truly brought to the people.
Lastly, the million dollar question is, since these services are now cost- effective, quicker and better, are we going to reduce the cost of registration and consultation with this Office and demonstrate the democracy?
The ACDP will vote in favour of this Bill.
Miss S RAJBALLY: Madam Speaker, being in the new age of technology, the MF welcomes this computerised system embarked upon by the SA Companies Registration Office and the SA Revenue Service. The MF compliments this initiative that visibly advocates an ordered and planned system.
Currently an office in Pretoria provides information that this system will make available to the entire Republic. The MF notes that this new electronic system would now lessen the burden placed on this office by not only making this information and service readily accessible throughout the country, but also facilitating access in the most remote areas. The MF welcomes this advancement, but stresses the importance of safety precautions to maintain confidentiality and ensure that it is supported by a back-up system. There should also be precautions against viruses and hackers that commonly destroy and intrude into electronic systems like this one.
With the escalating unemployment rate, the MF hopes that this new system will somehow accommodate those previously employed manually to do these tasks.
The MF supports the Companies Amendment Bill.
The MINISTER OF TRADE AND INDUSTRY: Madam Speaker, may I thank all parties for their support. The hon Hennie Bekker was puzzled as to how one could link the Companies Amendment Bill to Zimbabwe. I am not so puzzled. I think the software is a bit muddled and anything could be linked to anything!
However, I thank hon members very much for supporting the Bill. Even the hon Mr Bruce supported the Bill. He has got some sense, I can see.
I do think that this could be quite an important breakthrough. Later this year we will announce further developments in the Department of Trade and Industry to provide greater access through electronic communication across the country, and into rural and township areas. I think we can use this very effectively.
I am also pleased with the progress we are beginning to make in the new combined Companies and Intellectual Property Rights Office, where I am pleased to say that Advocate Felix Malunga has been appointed as its acting head. We are also getting support from the private sector to make further changes in the combined offices of the Companies Office and the Intellectual Property Rights Office. Later this year we will make further announcements in this regard.
We have begun the process for a comprehensive reform of the Companies Act, and we will be appointing a task team to deal with this. We will announce workshops for all those who are interested in the process of reforming the Companies Act. I thank hon members for supporting this amending Bill. [Applause.]
Debate concluded.
Bill read a second time.
CONSUMER AFFAIRS (UNFAIR BUSINESS PRACTICES) AMENDMENT BILL
(Second Reading debate)
The MINISTER OF TRADE AND INDUSTRY: Madam Speaker, the Consumer Affairs (Unfair Business Practices) Amendment Bill deals with the specific matter that arose during one of the court challenges on this Bill. I just want to briefly remind colleagues in the House what this Bill deals with. It deals with unfair business practices. This is defined as any business practice which directly or indirectly has or is likely to have the effect of, firstly harming the relations between business and consumers; secondly, unreasonably prejudicing any consumer; and thirdly, deceiving any consumer or unfairly affecting any consumer.
Hon members may recall that this House passed an amendment to the previous Consumer Affairs Act that was designed to deal with the proliferation of practices that we now see in the commercial terrain which are prejudicial to consumers, particularly poor consumers. So, for us, the Bill is an important instrument to try and protect consumers from a very wide range of unfair practices.
The Consumer Affairs Committee, which is established in terms of section 2 of the Act, consists of nine members appointed by me. I believe they have done a very good job, although there is a great deal more we can try and do in this area. What happened was that in a challenge against an action or a group called Omega Trust, the Constitutional Court wisely ruled that the subsection in the previous Act that dealt with the powers of the Minister was unconstitutional. However, the Constitutional Court, and we thank them for this, also determined that it would not be in the public interest simply to strike this provision down because this may allow persons under investigation for unfair business practices to continue with them or to hide assets. We were therefore given 12 months to correct the defect in the Bill, and now this amending Bill tries to do that.
In essence, what it does is to cater for provisions of questioning, guidance to the Minister as to how power should be exercised, and under what circumstances the Minister should take action. This will bring the Bill into line with the Constitution, and we welcome the intervention of the Constitutional Court in this matter, both by pointing out that the provisions were unconstitutional and, secondly, exercising their judgment and wisdom to allow us time to make adjustments without allowing unfair practices to proliferate.
We urge all parties to support the Bill.
Mr N S BRUCE: Madam Speaker, it is sometimes difficult to balance the need to protect the gullible and the equally important need not to stifle enterprise. There is no doubt that without this Bill the balance of our legislation tilted too much towards the former.
The Official Opposition not only supports this Bill, but urges the Minister concerned to keep under constant surveillance all legislation that could be considered unbalanced and increases the costs through regulation of small businesses. And if he does not do it, we will do it for him.
The prevalence of what are known as pyramid marketing schemes informed the original motivation for the Unfair Business Practices Act. And while public dismay at some of the consequences of these schemes was extreme, the consequent legislation was not a model of democratic jurisprudence. Had more attention been paid to the work of the economist Prof Patrick Minford of Manchester University on pyramid schemes by Prof Louise Tager, there would have been no need for the extremities to which this legislation was pushed.
Be that as it may, the need to encourage small business entrepreneurs is a patent one. And so perhaps instead of blaming the bankers for not providing succour to aspirant entrepreneurs with an idea and little else, the main thrust of attempts to nurture small business should centre on two other areas.
The first is the onerous legislation and regulatory environment in which they have to operate. Deregulation is good for small business. Yet, since 1994, the trend has been the other way, especially in so far as labour laws are concerned.
The second is to review macroeconomic and monetary policies which clearly, are not performing. The high cost of capital is as much a deterrent to small businesses as the availability of seed capital.
The ultimate cost of allowing the value of the rand consistently to decline will in the end be the diminishing of the productive assets of this country, while other policy adjustments need to be made if business, especially small business, is to flourish and the erosion of jobs is to be reversed. [Applause.]
Dr R H DAVIES: Madam Speaker, the origin of this Bill, as the Minister explained, was a ruling of the Constitutional Court on 29 September last year, which found that section 8(5) of the Consumer Affairs Bill was unconstitutional.
An example of the kind of case that section 8(5) was intended to apply to would be that of a pyramid scheme or some other fraudulent or misleading investment scheme. And the court clearly recognised that it would not be good governance to say that while an investigation is going on into the way in which a certain group of consumers were detrimentally treated by a scheme, it would be okay for that scheme to carry on and entice other members of the public into its lair.
The constitutional court ruled that it was desirable and necessary indeed to have a procedure in place that would allow the suspension of these activities that are under investigation, pending the outcome of that investigation. The problem that the Constitutional Court had with section 85 was that it felt that the provisions were too wide, in terms of the discretion of the Minister and that there was inadequate guidance as to how the Minister should exercise these powers. The Court also ruled that this matter should be remedied before the end of September 2001.
The present Bill is a section 76 Bill that was introduced in and has passed through the NCOP. In the committee stage the NA committee worked extremely closely with its counterpart in the NCOP. The original amending Bill provided for the Minister to apply to the High Court for an interdict to exercise this power. After considerable deliberation and discussion within the committees and interaction with the law advisers, we felt that this was not the most appropriate solution. The Minister - or indeed any other party
- can in any case apply for a court interdict to stop any practice, but prescribing this as the only remedy runs the risk of turning what is intended to be a rapidly implemented interim remedy into a long drawn out affair. It would also tend to displace the responsibility of the executive onto the judiciary.
The Bill now before the House provides that the Minister may still issue an order prohibiting the continuation of certain unfair business practices pending an investigation of the committee, but prescribes and constrains procedures in a way which we believe address the central concerns of the Constitutional Court. The Minister has to act on the recommendation of the Consumer Affairs Committee. He or she has to make his or her intentions known in the Gazette. The committee has to inform the party concerned that it intends making a recommendation to the Minister in this regard. The party concerned must be given an opportunity to make its point of view known. The Minister must take this into account and be satisfied that the practice is, indeed, unfair that there is no alternative remedy. The Minister must make his or her reasons known and may also, incidentally, approach the court for an interdict.
After deliberations and discussions in the committee, unanimity was reached and I have pleasure in commending this Bill to the House. [Applause.]
Mr H J BEKKER: Madam Speaker, today we are debating an amendment to the Consumer Affairs Act. This Act has previously been known as the Unfair Business Practises Bill and members should remember that we have accepted and approved this Bill in the past.
In terms of the previous amendment, the Minister had the power, on the recommendation of the Consumer Affair Committee, to halt a suspected unfair or harmful business practice in its tracks. The moneys or properties of this harmful practice could then be confiscated and held in trust for later distribution to the clients or gullible customers of this harmful scheme.
In September 2000, however, the Constitutional Court found section 8(5) of the Consumer Affairs Act, empowering the Minister to prevent an unfair practice under investigation and attach moneys or properties of that unfair business practice, to be unconstitutional. The reason given by the Court for the invalidity of the provisions is that while it confers a wide discretion on the Minister, the provision does not provide guidance of those powers or the applicable administrative procedures.
The Constitutional Court, however, also determined that it would not be in the public interest to simply strike these provisions and allow persons under investigation to continue their alleged+ unfair business practices. This Bill will now enable the Minister to apply ex parte to a magistrate or a judge for an order that that particular unfair practice be prohibited, pending the final outcome of an investigation by the Consumer Affairs Committee and the decision to prohibit such a harmful practice.
This amendment will now conform with the Constitutional Court’s judgment, so that the application of this Act should no longer be frustrated. It is now also possible to expand the powers of the curator through the assistance of legal representatives, to ensure quicker results. The IFP previously supported this Bill as a whole. These amendments are of a technical nature to accommodate the judgment of the Constitutional Court, and we would therefore again support this Bill.
May I also remind hon members about the perils that have been caused by pyramid schemes, and the power that these people - who have lots and lots of money - exercises. It is alleged that in one of these cases they spent between R4 million and R5 million in court actions against the Minister to be allowed to continue with their practices. They were obviously wasting their gullible clients’ money to fight those cases.
The IFP supports this amendment and will vote for the Bill.
Mr C T FROLICK: Madam Speaker and hon members, while the amendment to the Consumer Affairs Amendment Bill is necessary to conform with the Constitutional Court judgment, it will also assist the Consumer Affairs Committee to comply properly with the functions and duties imposed by the Act. It will also enable the Minister to apply to a magistrate or judge for interim measures pending a final report.
The departmental consultation process was wide and varied, eliciting interesting comments and proposals. Most of these proposals were constructive and have been accommodated in the Bill. The issue raised by the law review project was firm in logic and argument. However, as has been highlighted in the briefings to the committee and earlier in this debate, it was previously challenged in court and the challenge was upheld.
Clause 1 is an improvement as it opens a door to judicial transparency through a complete and thorough investigation. It also allows the court the opportunity to request most of the relevant details to be placed before it.
Although certain concerns have been raised about the powers of the Minister in clause 8 of the Bill, the UDM is of the opinion that these amendments are necessary to give the Minister the powers to give effect to the purpose of the Act. Too often the vulnerable in society are subjected to unscrupulous businesspeople who lure them to invest in get-rich-quick schemes, and these business practices rob them of their hard-earned savings. Such practices usually result in undesired consequences for the business, and for the investors.
Clause 8(a) will enable the Minister to act very quickly even before the committee has commenced with an application. Ultimately this is not only the Minister’s decision, but might also be subject to a judicial process. The appointment of a curator in terms of the Act will, hopefully, limit the consumers’ losses where they have been treated unfairly.
The UDM supports the Bill.
Ms C DUDLEY: Madam Speaker, this Bill gives more teeth to the Minister and the Consumer Affairs Committee to deal with unfair business practices and, therefore, it is the ACDP’s opinion that it improves the current situation. There is, however, still an additional need in that while justice is still available to all, we could say, as Lord Birkenhead once said: ``Justice, like the Ritz Hotel, is available to all’’.
For ordinary people to access swift and easy recourse, small matters should be heard in special courts conveniently placed throughout the country, like traffic courts and small claims courts, and the ACDP congratulates the Free State on having taken initiative as a result of the suggestion made by the hon Kent Durr in the NCOP. We welcome the fact that the provincial court has been appointed in the Free State, and we call on the Minister to work with provinces to multiply these courts throughout the country. Consumer affairs committees should also be devolved. The ACDP will vote in favour of this Bill.
CNN has just announced that a plane has crashed into the World Trade Centre and there is chaos in New York City. We pray that God will intervene in that situation.
Miss S RAJBALLY: Madam Speaker, unfair business practices are sadly a reality in our business community, and where such unjust activities are concerned it is vital that the culprits are apprehended. However, the Constitution of the Republic governs procedures for attaining justice, and legislation to clamp down on unfair business practices has to comply with these procedures.
The MF notes the clarity that the amendment has brought about by accommodating an equipped interrogation system which will professionally sift through the innocent and the guilty. The MF agrees that the requirement for interim intervention would require the installation of a system and procedure to guide the Minister in the use of his or her powers.
The MF finds the repeal of certain absolute provisions, the expansion of powers and the discretion of the curator to be in order, but requests that these powers be guided by procedures and a degree of limitation as well. The MF supports the Consumer Affairs (Unfair Business Practices) Amendment Bill.
Mrs B N SONO: Madam Speaker and hon members, the awkward times that the present Government faces call for wisdom - wisdom in stewardship. The ship is huge and the tide is wild. Signals of the tide are rampant unemployment, crime, grievous social ills, the list is endless.
Microeconomic policies, also known as structural policies, are just as important in influencing overall economic performance. Superior economic performance, surely, depends on microeconomic advantages.
To build the country out of its present quagmire, the productive sector has to be encouraged and capacity utilisation improved. Laws sensitive to the needs of small businesses are vital. The focus of this Bill is in the name of a dignified search for practical programmes. It will surely pay off.
The DA’s support for the Bill is also based on the premise that the Consumer Affairs Committee can approach the Minister to declare a small business a consumer, for purposes of speedy access to just administration.
It is much trickier to measure policies that make markets for goods, labour and the consumer better. It is easier to judge the stance of monetary policies or the size of a budget deficit. This Bill makes a useful start in developing a method to that effect.
The DP supports the Bill. [Applause.]
The MINISTER OF TRADE AND INDUSTRY: Madam Speaker, my thanks to the parties for supporting this Bill. Many thanks also to the committee, in particular, for the work they did and, I think, for improving the quality of the amendment.
If I may just conclude with an appeal to all MPs: I think that they themselves can provide a service to their constituencies by helping people gain access to the Consumer Affairs Committee.
I hope there was no implication in what the hon member Bruce said that, in some way, pyramid schemes can be condoned or are useful. They are not, in any way, useful. They are extremely dangerous for ordinary consumers, and I hope that each and every party in this House and each and every member would act decisively and clearly against such schemes. [Applause.]
Debate concluded.
Bill read a second time.
The House adjourned at 16:24. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
WEDNESDAY, 27 JUNE 2001
ANNOUNCEMENTS:
National Assembly:
- The Speaker:
Message from National Council of Provinces to National Assembly:
Bill passed by National Council of Provinces on 27 June 2001 and
transmitted for concurrence:
(i) Consumer Affairs (Unfair Business Practices) Amendment Bill [B
28B - 2001] (National Council of Provinces - sec 76).
The Bill has been referred to the Portfolio Committee on Trade and
Industry of the National Assembly.
COMMITTEE REPORTS:
National Assembly:
- Report of the Portfolio Committee on Public Works on Study Tour to London, dated 30 May 2001:
The Portfolio Committee on Public Works, having undertaken a study tour
to London from 18 to 28 April 2001, reports as follows:
A. Introduction
The Committee embarked on the study tour to London to learn and
exchange views on the maintenance of state property, legislation,
landscape and urban design, the role of the private sector in the
rehabilitation of state property and state land, leasing and
disposal of state property and project management.
The delegation was led by the chairperson, Inkosi MW Hlengwa, and
included Committee members Mr M M Chikane, Mr B A Radebe, Ms P S
Sekgobela, Ms A N Sigcau, Mr S E Opperman and Mr A S van der
Merwe, as well as the Committee Secretary, Mr J Leburu.
The Committee met with the following persons and institutions: The
South African High Commission in London; English Heritage
Officers; the Department of Trade and Industry; officials of the
House of Commons; and the Agency responsible for Crown Estates
(CE).
B. South African High Commission
The Committee met with the South African High Commissioner and
Deputy High Commissioner, as well as the staff of the Commission.
The Commissioner briefed the Committee on the types of leases they
had in London, and said that South Africa House, residence of the
High Commissioner, is a freehold title on the land of the Crown,
while most other buildings are leaseholders. There are five SA
properties in London, which serve as residences for senior staff
of the High Commission. Most of the leases of residents need to be
renewed. There is one rented flat that will be for sale within the
next two years.
South Africa House was designed to provide for a variety of
functions with suitable spaces. A large part of the building was
devoted to the propaganda of the dominion, including space for
exhibitions, a cinema, an information and travel bureau as well as
the library, which is open for the public. The upper floors house
staff rooms and offices and a small space of special architectural
significance.
The High Commissioner also briefed the Committee on the
refurbishment of South Africa House. She said that South Africa
House is built on Crown land and is a free-holder. She indicated
that a special levy is paid to the English Heritage for
refurbishment of the building. The Commission is preparing for the
celebration of South Africa, and part of the refurbishment is for
this celebration. There are laws in London that govern some of the
buildings and areas declared as listed areas. One should negotiate
with the English Heritage to effect changes to these buildings,
and South Africa House is one of those listed.
SA companies in London fund the refurbishment; there is no
government funding. South Africa House is used for a number of
purposes, such as the hosting of charity functions, as a cinema,
and for library and other activities.
The decision to refurbish South Africa House was taken during the
time of former President Mandela. The previous High Commissioner
had a committee to kick-start this process, but it could not
function because its members were redeployed to different areas.
This process took some time to take off because of statutory and
tendering procedures that had to be followed, as well as the fact
that funds had to be raised. Research was done, the designing team
was set up, and the Department of Arts, Culture, Science and
Technology was approached to provide some of the design. The
refurbishment will be completed in mid-October 2001.
A listed building means that proposed changes inside and outside
the building should be negotiated with the English Heritage, the
Crown and the Westminster Council. These areas are of historical
and cultural importance and belong to the Crown. The High
Commission was able to agree with the English Heritage to change a
number of things in South Africa House.
It is expected that the outside walls of the building be washed
every five years, with a view to maintenance and restoration.
The High Commissioner felt that some of the artworks in certain
rooms had to be replaced, such as those in the Zulu Room. It was
felt that these artworks were offensive to the new black African
government, and also that it was not representative of the South
African population. Some of it will be moved to a different part
of the building.
The Commission also proposes to take back some of the works to
South Africa, including the artwork depicting panoramic views of
Port Elizabeth, Durban and Cape Town.
The Minister of Administration in London indicated that there is a
lot that needs to be changed in the building, such as the
Democracy Hall. There is a need to create an opportunity for South
African artists to come and do their drawings in the building. The
Minister indicated that there were some constraints, such as a
lack of financial and human resources. The process of consultation
with the Crown as well as the process of consulting with other
structures took a lot of time.
The permission to refurbish comes from the Westminster Council
through approval by the Planning Commission. Many compromises were
made by the English Heritage.
C. Visits
The Committee visited the following state-owned properties:
1. Flat 7, 24 Great Cumberland Place, W1
Tenure Leasehold
Term 79 years (less 10 days) from 24 June 1978; expires in 2057
Purchased 22 March 1994
Price 251 000 pounds
Value 350 000 pounds
2. 20 Lower Merton Rise, NW3
Tenure Leasehold
Term 99 years from 24 June 1965; expires 2064
Purchased 30 December 1993
Price 275 000 pounds
Value 425 000 pounds
3. 21 Cavendish Close, NW8
Tenure Leasehold
Term 78 years from 25 March 1983; expires 2062
Purchased 28 March 1983
Price 675 000 pounds
Value 3,7 million pounds
4. South Africa House
Tenure Leasehold
Term 99 years from 10 October 1930; expires 2029
South Africa House was built on Crown
land at a cost to the State of
approximately 10 million pounds.
Value 35 million pounds
5. Highveld, 71 and 73 Campden Hill Road, W8
Tenure Leasehold
Term 47 years; expired in June 1993
Purchased 28 August 1946
Price 17 500 pounds
Tenure Freehold
Purchased 25 January 1980
Price 700 000 pounds
Value 7 million pounds
One other property has been sold for an undisclosed amount.
6. Response of Committee on refurbishment
The Committee was pleased by what was taking place in South
Africa House. It also acknowledges that there is a lot that
need to be researched and done in order to reflect the
complete picture of South African society.
The Zulu Room depicts the history of people of South Africa,
although it is only a part of society. The Committee feels
that there is nothing offensive about this room. It only needs
to be made representative of the population of South Africa.
The Committee will discuss what needs to be done with the
Portfolio Committee on Arts, Culture, Science and Technology.
D. Meeting with English Heritage Officers
The English Heritage (EH) was established under the National
Heritage Act, 1983. Its role and powers in London were enhanced by
the Local Government Act, 1985. They merged in 1999 with the Royal
Commission on the Historical Monuments of England. Its purpose is
to preserve and look after cultural and historical buildings and
monuments on behalf of the Crown and the population. The EH is
responsible to the Department of Culture and Media. It identifies
historical monuments and lists them.
The EH gives grants to owners of listed buildings to refurbish,
renovate and repair. It provides advice on maintenance for
buildings, and remains the main custodian of these listed
buildings. Listed buildings include medieval buildings, churches,
museums, embassies, parks and other historically important places.
The EH has a statutory role of monitoring changes effected to the
buildings. When listed, no changes can be made, either inside or
outside the building, without approval of the EH. They will
inspect the building and give it a certain grading status, ranging
between grade 1, grade 2 and grade 2a. There are 500 000 listed
buildings in London alone.
The idea of listing of buildings came from William Morris, when he
saw that old buildings were decaying and that they needed to be
protected for future generations. The reason for listing a
building is to help preserve the cultural heritage for future
generations, and to enhance tourism and economic development.
The EH adheres to strict rules when granting funds for the
upgrading of listed buildings. It also tries to encourage people
to practice their trades, including the old trades, and as such
would like South Africans to come and do the artwork in South
Africa House.
South Africa House has been upgraded to grade 2 status, because,
apart from its architectural importance (a Sir Herbert Baker
building), it has expensive and beautiful artworks. The EH
indicated that it is possible to give grants for preservation of
the mural in the Zulu Room. The EH also expects South Africa to
come up with proposals on what should be exhibited.
Response of Committee
The Committee was pleased by the approach of the EH and the
support it gave to the High Commission in terms of matters
negotiated. The Committee indicated that there is a need to get
South African artists to produce artworks for South Africa House.
These works should represent the history of all the people of
South Africa, even before Jan van Riebeeck. The Committee agrees
with the EH that the Zulu Room not only needs to be preserved, but
also that its artwork needs to be representative of all the people
of South Africa. The exhibitions in South Africa House should also
reflect the transformation process. It must fully reflect the past
and the present, with a room reflecting the future.
E. Meeting with Department of Trade and Industry
The central government Department of Works had previously managed
all government property. The Ministry of Works became a big
bureaucracy, and in the process became inefficient in managing
government buildings. It was closed down in 1987 and staff were
transferred to private companies and other departments. The
management and administration of the State property was given to
the Department of the Secretary of State. Staff involved in
leasing and disposing are continually trained. The Department has
outsourced everything that has to do with the maintenance of State
buildings. The best way to maintain buildings is to contract one
company to provide all the services. However, sometimes companies
lacking certain expertise, do the work they are good at and
subcontract the others.
The Department has a separate contract in respect of the
maintenance of lifts and escalators. The contractor is given a
performance bonus if lifts do not break more than seven times a
year, and gets penalised for underperformance. There are a number
of agencies which serve as property centres in different parts of
London. Communication with these centres takes place through
property centre seminars.
Issues discussed in these seminars include disaster management,
awareness of property maintenance and other related activities.
There are leasing provisions of the Act that lead to high quality
property in need of maintenance. It is quite expensive to maintain
a dilapidated building, and this could consume the capital
expenditure of the Department.
State properties that have not been maintained, are transferred to
the private sector, and the Department will lease these buildings
once they have been upgraded. Maintaining buildings has become
sophisticated and needs people professionally efficient to do the
work. The objective of the Department is to get the best value for
money and to provide good accommodation to officials.
The Department advised the Committee that when tenders are called
for, people who are actually doing the work at the time should be
contracted.
F. Meeting with Department of Social Security
Property consultants give professional support to the government.
Land Securities Trillion is in partnership with the government for
the delivery of services and accommodation. The private sector
takes a degree of risk since the contracting of properties is not
a normal lease or sale agreement. The Department of Social
Security indicated that it does not take responsibility for urban
design and landscaping. They do, however, have responsibility for
economic regeneration.
The Department is dealing with the property market. Land security
is the biggest property management the Department is involved
with. It has established a partnership with the private sector to
manage properties in London. It is responsible for approximately
8 500 properties in the country.
The Department sells properties to private companies for a period
of 20 years. These properties are for upgrading, maintenance and
management by that sector on behalf of the Department. Properties
are transferred to private companies in poor shape, and the
contract states that the transfer goes along with the risk. The
contract requires that the private companies bring the properties
to acceptable standards. The prices of these properties are fixed
for the whole 20 years. The government owns 30% of the properties
that are handled by private companies. There is some value
attached to the contract; profit is shared equally between private
company and Department.
There are three classifications of buildings:
1. Properties classified as core properties. 60% of these
properties command a higher bid, are highly maintained and
have certainty of value. There is certainty of income.
2. Flexible properties - 30%. These are considered likely to be
vacated during the course of the contract. They lack
certainty. Flexible properties require six months' notice for
vacating and they are also flexible in that they can be
retained easily.
3. Surplus properties. These properties have already been vacated
and have been standing empty without having been used for some
years. The Department is not interested in them. Some surplus
estates of very poor quality have been transferred to the
private sector. There are more than 150 000 square metres of
surplus accommodation, largely in poor areas. They are of very
poor quality and are unsellable and unleasable.
The private sector is responsible for the appearance of the
properties, both inside and outside. The idea behind this is
that excellence in construction and maintenance lead to better
standards in health safety and the security of buildings. Each
department has a chief designer, who looks at the standard of
the property and how it is kept and who is accountable to the
Commission on Architecture and the Built Environment.
The Social Services Department is looking more at multi-
purpose properties, which leads to the problem of managing the
public use of those properties. That Department also looks at
greening of the properties. It should be noted that
departments are not required to manage properties, but to
provide services to the public.
The reason for transferring properties to the private sector
is that the Department does not have the capacity to manage
properties in terms of required expertise. Departmental
officials were not properly trained for property management,
so the risk of management is better placed with the private
sector. The country is moving away from conventional methods
of private contracting towards partnerships.
A contract includes the provision of services - catering,
security, cleaning, etc. After 20 years, the contract can be
retained, given to someone else or the Department can buy it
back.
There is no particular piece of legislation that governs the
management of properties in Britain. However, there is
legislation that regulates government partnerships. In
relationship with the private sector, tenants are being look
after instead of landlords.
Control measures to ensure that the private sector carries out
its mandate correctly, is handled through a report to the
Public Accounts Committee and also through internal
procedures. The Department has a certain level of authority in
respect of the contracts, in the sense that it controls the
contract of the company.
4. Response of Committee
The Committee noted that there are common elements in respect
of what SA is doing or intends doing in respect of property
management. The information gathered will benefit most of the
processes that are geared towards property management.
G. Meeting with Accommodation and Works Committee (AWC)
The AWC is the parliamentary committee that deals with issues of
Parliament. It dealt with the building of new parliamentary
offices to accommodate members and staff of Parliament. It
experienced problems in establishing exactly what MPs wanted and,
after a series of meetings, it managed to come up with a list of
members' needs. Sometime ago, members had staff in constituencies,
not in Parliament. The new building has a restaurant for members,
interpretation facilities and other equipment.
The building also accommodates members of the House of Commons.
The House of Commons has established a Commission to look at
internal arrangements of the House. This Commission is chaired by
the Speaker of Parliament. It is a statutory body, borne by the
Act of 1978. It has two duties:
1. To deal with employees of the House.
(a) Ensure that employee relations are in line with House
Rules.
(b) Ensure that staff are dispersed to the different
departments and agencies.
(c) The Commission is the employer of the House and it
delegates its powers to the management board. The
management board is responsible for advising the
Commission on employee relations.
2. To manage the finances of the House of Commons. At first, the
finances were handled centrally, but since the 1980s it is
handled by the Treasury. When a request is made for the
purchase of equipment, the funds will come from the Treasury.
The management board advises the House of Commons' Commission
on the financial matters of the House. Financial estimates are
prepared and submitted in the spring.
The other auxiliary function of the Commission is to look at the
health and safety of members, which is done by the Domestic Select
Committee. That committee looks at daily issues like catering,
rules and security of members. The system of running Parliament
works very well, except when politicians want to take over the
work of administrators. It is quite difficult to remove such a
politician. Nevertheless, committees can be a useful buffer of the
Commission and as such serve as watchdogs over the internal
operations of Parliament.
H. Meeting with Commission of Crown Estates (CE)
The CE belongs to the Queen and is administered by the Commission.
The profits that accrue from the rentals and sales of properties
are shared amongst the Crown and the Treasury. The Commission
operates on a commercial basis, and deals with cases involving
agriculture, marine and urban estates. It manages some of its
properties; others are managed by agencies. It leases a building
to an individual and requests the agent to administer it. The CE
is one of the UK's largest property owners.
Since 1983 the government has moved towards decentralisation of
activities. Departments are responsible for maintaining their own
buildings. The Commission sets the framework for contracting all
government properties. There are some problems inherent in the
process of decentralisation - there is a lack of proper control.
Contractors are appointed by the Commission on the basis of their
competencies. However, departments can decide to use the tendering
system for contracting companies.
The Secretary of State is a custodian of properties in the
country. The Secretary will delegate some of his or her
responsibilities to different State departments' Secretaries. The
CE is settled within the Office of Government Business and is part
of the Treasury, but does not control the government. Due to its
uniqueness, this Office reports to the Queen and to Parliament on
its activities.
There are pieces of legislation that set standards in terms of
which building properties are accessible to all people. The CE is
governed by legislation, which regulates the maintenance of
standards. The CE cannot be separated from the Crown. The CE does
not sell properties; it rather sublets than sells, because the
properties are listed or earmarked to be listed, and as such their
nature and structure should not be changed.
THURSDAY, 28 JUNE 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) Assent by the President of the Republic in respect of the
following Bill:
(i) Export Credit and Foreign Investments Re-insurance
Amendment Bill [B 19B - 2001] - Act No 9 of 2001 (assented to
and signed by President on 27 June 2001).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Finance:
Report and Financial Statements of the Public Investment Commissioners
for 1999-2000, including the Report of the Auditor-General on the
Financial Statements for 1999-2000 [RP 201-2000].
MONDAY, 2 JULY 2001
ANNOUNCEMENTS: National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
The Minister of Communications on 25 June 2001 submitted a draft of the
Postal Services Amendment Bill, 2001, as well as the memorandum
explaining the objects of the proposed legislation, to the Speaker and
the Chairperson in terms of Joint Rule 159. The draft has been referred
to the Portfolio Committee on Communications and the Select Committee
on Labour and Public Enterprises by the Speaker and the Chairperson,
respectively, in accordance with Joint Rule 159(2).
COMMITTEE REPORTS:
National Assembly:
-
Report of the Portfolio Committee on Trade and Industry on the Companies Amendment Bill [B 35 - 2001] (National Assembly - sec 75), dated 26 June 2001:
The Portfolio Committee on Trade and Industry, having considered the subject of the Companies Amendment Bill [B 35 - 2001] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill without amendment.
WEDNESDAY, 4 JULY 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
The Minister for Justice and Constitutional Development on 28 June 2001
submitted drafts of the Interception and Monitoring Bill, 2001, the
Interim Rationalisation of Jurisdiction of High Courts Bill, 2001, the
International Criminal Court Bill, 2001, and the Judicial Matters
Amendment Bill, 2001, as well as the memoranda explaining the objects
of the proposed legislation, to the Speaker and the Chairperson in
terms of Joint Rule 159. The drafts have been referred to the Portfolio
Committee on Justice and Constitutional Development and the Select
Committee on Security and Constitutional Affairs by the Speaker and the
Chairperson, respectively, in accordance with Joint Rule 159(2).
- The Speaker and the Chairperson:
The following papers have been tabled and are now referred to the
Portfolio Committee on Justice and Constitutional Development and to
the Select Committee on Security and Constitutional Affairs:
(a) Report of the South African Law Commission on a New Sentencing
Framework, Project 82 [RP 57-2001].
(b) The Fourth Interim Report of the South African Law Commission on
Aspects of the Law Relating to Aids, Project 85 [RP 40-2001].
National Assembly:
- The Speaker:
(1) The following papers have been tabled and are now referred to
the relevant committees as mentioned below:
(a) The following paper is referred to the Portfolio Committee
on Environmental Affairs and Tourism:
Report of the Department of Environmental Affairs and Tourism
for 2000-2001.
(b) The following papers are referred to the Portfolio
Committee on Justice and Constitutional Development:
(i) Government Notice No R.354 published in the Government
Gazette No 22239 dated 20 April 2001, Amendment of
Regulations, made in terms of secion 81(2) of the
Attorneys Act, 1979 (Act No 53 of 1979).
(ii) Government Notice No R.373 published in the
Government Gazette No 22265 dated 30 April 2001, Rules
regulating the conduct of the proceedings of the
various Provincial and Local Divisions of the High
Court of South Africa: Repeal of Rule 37A, and
Transitional Provisions, made in terms of section 6 of
the Rules Board for Courts of Law Act, 1985 (Act No
107 of 1985).
(iii) Proclamation No R.28 published in the Government
Gazette No 22247 dated 20 April 2001, Commencement of
section 4 of the Criminal Procedure Amendment Act,
1997 (Act No 76 of 1997) from 20 April 2001.
(iv) Government Notice No 898 published in the Government
Gazette No 22250 dated 20 April 2001, Directives under
section 4 of the Criminal Procedure Amendment Act,
1997 (Act No 76 of 1997).
(v) Proclamation No R.29 published in the Government Gazette
No 22261 dated 30 April 2001, Extension of the period
of operation of sections 51 and 52 of the Criminal Law
Amendment Act, 1997 (Act No 105 of 1997), made in
terms of section 53(2) of the Criminal Law Amendment
Act, 1997 (Act No 105 of 1997).
(vi) Government Notice No R.423 published in the
Government Gazette No 22284 dated 18 May 2001,
Regulations in terms of the National Prosecuting
Authority Act, 1998, made in terms of section 40 read
with sections 16(3) and 25(2) of the National
Prosecuting Authority Act, 1998 (Act No 32 of 1998).
(vii) Proclamation No R.31 published in the Government
Gazette No 22333 dated 28 May 2001, Dissolution of the
Committee on Amnesty, made in terms of section 43(2)
of the Promotion of National Unity and Reconciliation
Act, 1995 (Act No 34 of 1995).
(c) The following paper is referred to the Portfolio Committee
on Finance:
Explanatory Memorandum on the Revenue Laws Amendment Bill,
2001 [WP 2-2001].
(2) Report of the SADC Parliamentary Forum Workshop on Election
Observation Staff Training, held at Lusaka, Zambia, from 28 May to
1 June 2001.
Copies of the report are available from the office of Clerk of the
Papers.
(3) Mr S T Belot vacated his seat in the National Assembly with
effect from 28 June 2001.
(4) Mr M S Gininda vacated his seat in the National Assembly with
effect from 2 July 2001.
(5) Mr S P Makwetla vacated his seat in the National Assembly with
effect from 2 July 2001.
(6) Ms F B Marshoff vacated her seat in the National Assembly with
effect from 28 June 2001.
(7) Mr J S Mgidi vacated his seat in the National Assembly with
effect from 2 July 2001.
(8) Mr S J Mohai vacated his seat in the National Assembly with
effect from 28 June 2001.
(9) Mr E P Mogale vacated his seat in the National Assembly with
effect from 2 July 2001.
(10) The vacancy which occurred owing to the resignation of his seat by
Prof L B G Ndabandaba with effect from 27 June 2001, has been
filled with effect from 27 June 2001 by the nomination of Ms U
Roopnarain.
WEDNESDAY, 11 JULY 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Ad Hoc Committee on Powers and Privileges of Parliament
(National Assembly) published a draft Powers and Immunities of
Parliament Bill, 2001, in Government Gazette No 22463 on 11 July
2001. The draft Bill was published in accordance with National
Assembly Rule 241, read with Rule 239, after the Assembly had
resolved, on 5 April 2001, that the committee had to introduce
such a Bill in accordance with Chapter 13 of the Rules of the
Assembly after complying with the abovementioned Rules. In the
notice in the Gazette, interested persons and institutions were
invited to submit written comments on the draft Bill before 1
August 2001.
(2) On 11 July 2001 the following Bill, on request of the Minister
of Transport, was introduced in the National Council of Provinces
by the Select Committee on Public Services. It has been referred
to the Joint Tagging Mechanism (JTM) for classification in terms
of Joint Rule 160:
(i) National Land Transport Transition Amendment Bill [B 39 -
2001] (National Council of Provinces - sec 76) [Explanatory
summary of Bill and prior notice of its introduction published
in Government Gazette No 22300 of 18 May 2001.]
The Bill has also been referred to the Select Committee on Public
Services of the National Council of Provinces.
3) The Minister of Finance submitted the Wysigingswetsontwerp op
Inkomstewette [W 36 - 2001] (National Assembly - sec 77) to the
Speaker and the Chairperson on 9 July 2001. The Revenue Laws
Amendment Bill [B 36 - 2001] (National Assembly - sec 77) was
introduced in the National Asssembly by the Minister on 22 June
2001.
National Assembly:
- The Speaker:
The following paper tabled is now referred to the Portfolio Committee
Finance. The Report of the Auditor-General contained in the paper is
referred to the Standing on Public Accounts for consideration and
report:
Report and Financial Statements of the Public Investment Commissioners
for 1999-2000, including the Report of the Auditor-General on the
Financial Statements for 1999-2000 [RP 201-2000].
WEDNESDAY, 25 JULY 2001
ANNOUNCEMENTS: National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Joint Tagging Mechanism (JTM) on 17 July 2001 in terms of
Joint Rule 160(4), classified the following Bill as a section 76
Bill:
(i) National Land Transport Transition Amendment Bill [B 39 -
2001] (National Council of Provinces - sec 76).
(2) The Minister of Sport and Recreation submitted the Wetsontwerp
op Suid-Afrikaanse Boks [W 13 - 2001] (National Assembly - sec 75)
to the Speaker and the Chairperson on 11 July 2001. The South
African Boxing Bill [B 13 - 2001] (National Assembly - sec 75) was
introduced in the National Asssembly by the Minister on 5 March
2001.
(3) The following Bill was introduced by the Minister of Foreign
Affairs in the National Assembly on 24 July 2001 and referred to
the Joint Tagging Mechanism (JTM) for classification in terms of
Joint Rule 160:
(i) Diplomatic Immunities and Privileges Amendment Bill [B 40
- 2001] (National Assembly - sec 75) [Explanatory summary of
Bill and prior notice of its introduction published in
Government Gazette No 22337 of 8 June 2001.]
The Bill has also been referred to the Portfolio Committee on
Foreign Affairs of the National Assembly.
NOTE:
The Portfolio Committee on Foreign Affairs has been instructed
by the Speaker in terms of National Assembly Rule 249(3)(c) to
consult the Portfolio Committee on Justice and Constitutional
Development on the Bill.
(4) The Minister of Education on 5 July 2001 submitted drafts of the
Education Laws Amendment Bill, 2001, General and Further Education
and Training Quality Assurance Bill, 2001, and Higher Education
Amendment Bill, 2001, as well as the memoranda explaining the
objects of the proposed legislation, to the Speaker and the
Chairperson in terms of Joint Rule 159. The drafts have been
referred to the Portfolio Committee on Education and the Select
Committee on Education and Recreation by the Speaker and the
Chairperson, respectively, in accordance with Joint Rule 159(2).
(5) The Minister for Justice and Constitutional Development on 13
July 2001 submitted drafts of the Constitution of the Republic of
South Africa Amendment Bill, 2001, and Constitution of the
Republic of South Africa Second Amendment Bill, 2001, as well as
the memoranda explaining the objects of the proposed legislation,
to the Speaker and the Chairperson in terms of Joint Rule 159. The
drafts have been referred to the Portfolio Committee on Justice
and Constitutional Development and the Select Committee on
Security and Constitutional Affairs by the Speaker and the
Chairperson, respectively, in accordance with Joint Rule 159(2).
(6) The Minister for Agriculture and Land Affairs on 24 July 2001
submitted drafts of the Agricultural Debt Management Bill, 2001,
Animal Health Bill, 2001, Animal Identification Bill, 2001,
Veterinary and Para-veterinary Professions Amendment Bill, 2001,
and KwaZulu Cane Growers Association Act Repeal Bill, 2001, as
well as the memoranda explaining the objects of the proposed
legislation, to the Speaker and the Chairperson in terms of Joint
Rule 159. The drafts have been referred to the Portfolio Committee
on Agriculture and Land Affairs and the Select Committee on Land
and Environmental Affairs by the Speaker and the Chairperson,
respectively, in accordance with Joint Rule 159(2).
National Assembly:
- The Speaker:
(1) The Minister of Defence submitted the Wysigingswetsontwerp op
Demobilisasie [W 5 - 2001] (National Assembly - sec 75) to the
Speaker on 16 July 2001. The Demobilisation Amendment Bill [B 5 -
2001] (National Assembly - sec 75) was introduced in the National
Asssembly by the Minister on 9 February 2001.
- The Speaker:
(1) The vacancies which occurred owing to the resignations of the
following members:
Leeuw, S J; Mkhatshwa, S; Verwoerd, M; Jana, D P S; Mogale, E
P; Belot, S and Marshoff, F B, have been filled with effect from 3
July 2001 by the nominations of the following members from the
National List of the African National Congress:
Lamani, N E; Kati, J M; Cachalia, I M; Nobunga, B J; Mabe, L;
Ntombela, S H and Mnguni, B A.
(2) The vacancies which occurred owing to the death of Ms C C
Mahlalela, the resignations of Mr J S Mgidi and Mr M B Gininda,
have been filled with effect from 3 July 2001, by the nominations
of the following members from the Mpumalanga Regional List of the
African National Congress:
Chiwayo, L L; Mabuza, D D and Mudau, N W.
(3) The vacancy which occurred owing to the resignation of Mr S
Mohai, has been filled with effect from 3 July 2001 by the
nomination of the following member from the Free State Regional
List of the African National Congress:
Komphela, B T.
(4) The vacancy which occurred owing to the resignation of Mr S P
Makwetla, has been filled with effect from 3 July 2001 by the
nomination of the following member from the Gauteng Regional List
of the African National Congress:
Mabena, D C.
COMMITTEE REPORTS:
National Assembly and National Council of Provinces:
- Report of the Joint Standing Committee on Intelligence for 2000-01, dated 19 June 2001:
STATEMENT OF THE CHAIRPERSON OF THE JSCI
The end of the Cold War has led to a change in the strategic threat
environment internationally and this environment has continued to
justify the existence of the Intelligence Services to protect national
security interests of peoples and governments throughout the world.
This strategic threat environment is characterized by the
unpredictability, proliferation and diversification of national
security threats.
The nature of these threats is no longer confined to a nation state and
is increasingly becoming transnational in nature. Organized crime
groups, for example, have a significant impact on our personal and
economic well being by importing and selling drugs, operating
prostitution rings, stealing and smuggling people from other countries
into South Africa. Terrorist groups raise funds and plan operations
here. People guilty of crimes abroad hide out in South Africa. This
calls for more co-operation between nations and peoples throughout the
world.
The Government of South Africa has a responsibility to monitor threats
to South Africa and South African Citizens so that it can take action.
It also has an obligation to contribute to international attempts to
counter organized crime, terrorism, weapons proliferation and similar
activities.
The pre-occupation of the Joint Standing Committee, on behalf of this
parliament, has been to:
* review the focus of our Intelligence Services;
* evaluate their efficient and effective use of resources;
* assess their ability to rise to these new and dynamic challenges in a
co-operative and co-ordinated manner;
* working within the framework of the law whilst still being able to
exercise their craft and creativity; and
* ensure that they have the necessary resources with which to face
these ever changing challenges.
In these changing international security conditions, we face the challenge of balancing openness and secrecy, which is why the JSCI was established. The JSCI is there to ensure that the Services do their work without fear or favour and in keeping with the legislative prescripts laid down by this Parliament.
We approach our work from the perspective that national security is an instrument for us to enjoy a better life free from fear and free from need. We get to grips with this challenge knowing that our freedom as individuals and as a nation needs protection and that the Services have, in the course of their work, to ensure that they respect these strictures.
Gone are the days when the Intelligence Services were a law unto themselves as we have been able to ensure that there is parliamentary and public accountability. In this regard I am happy to state that the Committee has found no evidence regarding the contravention of the mandates by the Services.
Equally, we as a people have to ensure that if the Services are to fulfil their mandates they need our support and an optimal working environment. Importantly, the protection of national security is a national enterprise in which we should do our part.
The appointment of the Inspector General of Intelligence is an important element of control over the Intelligence Services. This appointment will strengthen the intelligence dispensation and the work of the Committee and will go a long way towards empowering the President and the responsible Ministers in their work of supervision over the Services.
The Committee continues to be an important oversight instrument on behalf of this Parliament. The challenge facing both the Committee and Parliament is to put in place a framework that would ensure that there is no duplication between the work of the JSCI and that of other committees created. In this regard the streamlining of reporting lines, the ethical code of behaviour and the regulations and rules governing the Committee in relation to Parliament need to be given priority.
We note with appreciation the emergence of a culture of dealing sensitively with matters of national security and attribute this to the national consensus, which has characterized the work of the committee from the onset. I hope that this will continue in future.
It is thus my great pleasure to table this annual report of the JSCI to the National Assembly and to the National Council of Provinces on behalf of all my colleagues, as required by Section 6 of the Intelligence Services Control Act, 1994 (Act 40 of 1994).
Thank you,
N N Mapisa-Nqakula Chairperson
Members of the Committee
The following are Members of the Joint Standing Committee on Intelligence:
T Makwetla (Mr) M Goniwe (Mr)
E Ebrahim (Mr) J Mahlangu (Mr)
M Scott (Mr) P Schalkwyk (Brigadier-General)
L Landers (Mr) L Ndabandaba (Prof)
D Bloem (Mr) M Olckers (Ms)
S van der Merwe (Ms) S Abram (Mr)
S Cwele (Dr) L Green (Mr)
Contents Section 1: Introduction Section 2: Role and Functions
a. Review and make Recommendations b. Order Investigations c. Refer matters to Human Rights Commission d. Consider any other matter referred to it e. Hold Hearings and to request attendance f. Consult Cabinet Members g. Consider Reports on the Appropriation of Funds for NIA and SASS h. Nomination of the Inspector-General of Intelligence i. Determining Conditions of Service with the President j. Investigate the Inspector-General of Intelligence k. Special reports to JSCI and the President l. Initiate and Recommend Rules and Orders for the Functions of JSCI
Section 3: Reports
a. Audit Report b. Evaluation Committee c. Report on Interception and Monitoring Prohibition Act 127 d. Budget Reports e. IG Reports and Certificates
Section 4: Intelligence Structures
a. National Intelligence Coordinating Committee b. National Intelligence Agency c. South African Secret Services d. South African National Defence Force - Defence Intelligence e. South African Police Service - Crime Intelligence f. Office of the Inspector-General
Section 5: International Relations
a. African Countries b. Rest of the World
Section 6: Budget
Allocation and Expenditure
Section 7: Conclusion
Annexures
Section 1 Introduction
This report is structured to reflect the establishment of the JSCI, its role and oversight functions. It further reflects on matters that the JSCI handled in the past year.
The Intelligence Services Control Act No. 40 of 1994 stipulates eight functions to be performed by the Committee. The Act allows the Committee to have limited access to intelligence, information and documents as articulated in the Act. At all times in performing its business, the Committee must conduct its functions in a manner consistent with the protection of national security. Contravention of the provision of secrecy by a member of the Committee is an offence and is liable on conviction to a fine, or imprisonment for a period not exceeding five years. However the challenge presently facing the Committee is to formulate regulations to be adopted by the Rules Committee of Parliament. This has arisen because of the experience of the Committee.
At its inception, the law provided that the Committee be constituted by all the political parties represented in Parliament. After the 1999 elections, amendments to the principal Act were effected as per Section 2(a) of the Intelligence Services Control Bill which requires that only the majority party and the first five political majority parties should be represented on the Committee. The political parties represented, therefore, are the African National Congress (ANC), Democratic Party (DP), Inkatha Freedom Party (IFP), New National Party (NNP), United Democratic Movement (UDM) and the African Christian Democratic Party (ACDP). The Committee would like to report also that the Honourable Member Brig-Gen. P. Schalkwyk has since replaced the Honourable Member R. Pillay of the Democratic Party.
There are people who pay attention to intelligence matters. Among them are academics, lawyers, journalists, and other intelligence groupings. These people have views on what the JSCI should be doing and how it should go about its work. Some of these views have been expressed in the number of interactions the JSCI has had with the public. These include round table discussions on intelligence. Among issues raised were:
* Concerns on the protection of the individual rights against abuse by
the intelligence apparatus.
* `Restrictions' on members of the Services who have terminated their
services for one reason or another.
* Interception of communication and screening of individuals.
Most South Africans have a negative attitude towards the Intelligence Services. There are opinions on the way JSCI conducts its business. Some opinions contend that the JSCI’s main task is to assure Parliament that the Intelligence Services are conducting their intelligence activities within the law. The history of the Intelligence Services of the Republic requires the JSCI to take this a step further. In the past, South African Intelligence Services were used to suppress all activities that strived for support and promotion of human rights and democracy in the Republic. The members of the JSCI collectively adopted a resolution to try to change this mindset on the part of the citizen of the Republic.
Other opinions contend that the JSCI should be confined to reporting to Parliament only. The Committee would like to remind these people that it is the duty of the JSCI to report to the public through Parliament on activities of the Intelligence Services. For each and every disclosure made by it the JSCI is mindful of national security when going public on issues pertaining to the Services.
In its reporting, the Committee is mindful of the trust and confidence that it enjoys from the public as well as from the Intelligence Services. This trust must be constantly nurtured. This report, therefore, fulfils the JSCI’s legal obligation to Parliament as stipulated in the Act.
Section 2 Oversight Role
The Intelligence Services Control Act No 40 of 1994 as amended, provides for the establishment of a Joint Standing Committee on Intelligence. The work of the Committee is to examine the administration, expenditure and policies of our Intelligence Services. The Committee is reported to by the Services under the Official Secrets Act 56 of 1978 and operates within the secrecy code. The Committee is subject to the Constitution, and performs the oversight functions set out in Act 40 of 1994 in relation to the Intelligence and counter-intelligence functions of the Services and reports to Parliament annually. The following is the account of what the Committee has managed to achieve as per its statutory functions:
a. Order Investigations
The Committee has a responsibility to order an investigation into on any matter reported to it either by the member of the public or a member from the Intelligence Services. The Committee can either order Heads of Services or the Inspector General of Intelligence Services to investigate the matter.
In the past year the only order was for the Inspector General to investigate the allegation of recruitment of journalists by the Defence Intelligence. The Committee has not yet received the report on the matter.
b. Refer matters to Human Rights Commission
No complaint has been received that relates to abuse of Human Rights, therefore nothing has been referred to the Human Rights Commission in the past year. The Committee intends to improve relations with the Human Rights Commission so as to have sound interaction on matters that relate to the Services in particular.
c. Consider any other matter referred to it
The only matter that was referred to the JSCI was from the South African Secret Service. The matter involved one of the JSCI members. The Committee can report that the matter has been dealt with appropriately and was concluded.
d. Hold Hearings and to request attendance
The Services have appeared before the Committee to answer certain questions on several occasions. See annexure I for detail.
e. To review and make recommendations regarding interdepartmental co- operation and the rationalisation and demarcation of functions relating to intelligence and counter-intelligence between SASS, SANDF and SAPS.
The annual presentations to the Committee by each of the Services’ Heads on performance, current priorities, future plans and finances took place from February to April 2001. To ensure that the Committee is kept fully informed on the full range of the Services’ activities, additional programme of more frequent briefings to the Committee on the Services’ priorities, successes and problems have been agreed upon.
The current mandate of the Services as stipulated in the National Strategic Intelligence Act, 1994 is still relevant and does not warrant a review. However, co-ordination of the intelligence activities needs to be strengthened to eradicate duplication of resources and sources of information. Areas of overlap have to be addressed by NICOC so as to improve intelligence efficiency. The integration of signals intelligence capability, which is currently being driven by the Ministry for Intelligence, is of importance is welcomed by the Committee.
f. Consultation with Cabinet Members The fundamental principle of democracy is that the executive should be accountable to Parliament. The setting up of the Joint Standing Committee on Intelligence at the inception of democracy in this country was an inevitable process of social evolution. The provision for an Oversight Committee on Intelligence in the Constitution was meant to make the Intelligence Services accountable to Parliament. This independent parliamentary scrutiny of the Intelligence Services has helped prevent crises in the Intelligence Services and has improved public confidence in the operations of all the Intelligence Services of the Republic.
The Committee has only had meetings with the Minister for Intelligence Services. The Committee has not had the opportunity of meeting with the Ministers of Safety and Security and of Defence. This situation should not be allowed to continue. Time has to be found for fruitful interactions between the JSCI and the Ministries so that issues that affect the Services can be dealt with without delay.
g. Consideration of Reports on the Appropriation of Funds for NIA and SASS
This is an ongoing function, which coincides with the budget cycle of the Services. The Committee has discharged this function without encountering any problems from the Agency and the Service.
However, the Committee considers recommending an amendment to the Act for purposes of Defence Intelligence and Crime Intelligence reports to be included for consideration also by the Committee.
h. Nomination of the Inspector-General of Intelligence
In March 2000, the Committee processed the nomination of the Inspector General of Intelligence Services. The appointment was effected on the 1st of May 2000. At the moment the Ministry, the Committee and the Inspector- General are looking at the best possible ways of ensuring that the Office of the Inspector-General can discharge its duties effectively. They are seeking to ensure that the office of the IG can be optimally utilized by the President, Parliament (as public representatives), the Ministers responsible for Services and the Intelligence Services without anyone feeling prejudiced.
The Committee, in attempting to assist and ensure that the Office of the Inspector General is set up appropriately, and adequately staffed, has visited offices of the Inspectors-General in the United States of America. The Committee also attended a conference on Inspector General in Canada.
The Committee concurred with the Ministers for Intelligence Services and Defence respectively on the guidelines on the procedures and processes of setting up the Office of the Inspector General of Intelligence.
i. Determining Conditions of Service of the Inspector-General with the President
The conditions of service of the Inspector General were determined by the Committee and approved by the President. The JSCI, the Office of the President, Minister of Defence and Minister for Intelligence Services concurred on regulatory framework that will govern the Office of the Inspector General.
j. Investigation of the Inspector-General of Intelligence
Since the establishment of the Office of the Inspector General there was nothing that warranted the investigation of the Inspector General.
k. Special reports to JSCI and the President
The special reports could be on:
* Specific violations committed by the Services
* Tasks given by the President or Speaker of Parliament
* Anything that concerns national security, and
* Complaints from the public
To date nothing has been referred to the Committee, which warranted special reports to be issued.
l. Initiate and Recommend Rules and Orders for the Functions of JSCI
The committee has neither initiated nor recommended rules and orders for the functioning of the Committee to Parliament. However, the existing draft rules of the Committee are currently under review to fulfil this function.
Section 3 a. Legislation
- General Intelligence Law Amendment Bill
The Parliamentary Ad-hoc Committee on the General Intelligence Law Amendment Bill referred the Bill to the JSCI for consideration.
The objects of the Bill were: i. To align the Intelligence Services legislation with the Constitution of the Republic of South Africa, 1996 (Act No 108 of 1996); ii. To align the disciplinary code and the conditions of service of the Intelligence Services with the new labour trends; iii. To make provision for the regulation of strikes in the Intelligence Services; iv. To create consultation forums to deal with conditions of service and grievances; and v. To regulate the activities of former members of the Intelligence Services.
The Committee considered the Bill and unanimously agreed on the amendments and the Bill was adopted.
- Review on the Interception and Monitoring Prohibition Act 127 of 1992
The Committee had a meeting with a representative from the South African Law Commission on amendments recommended in Act 127. The object of the Bill is to amend Act 127 to inter alia: * to prohibit the provision of telecommunication services that are not capable of being monitored; * to make further provision for consideration of applications; * to regulate the monitoring of communications in terms of this Act; * to amend the Criminal Procedure Act, 1977, so as to further regulate the obtaining of information as to any alleged offence; * to amend the Drugs and drug Trafficking Act, 1996, so as to further regulate the delivery or submitting of registers, records or documents which may have a bearing on alleged offences under the Act to a police official; and * to provide for matters connected therewith.
The Committee deliberated on the amendments and is happy as amendments are addressing key areas that will improve work of the Services in the area of communication. The Amendment Bill is currently under consideration by Cabinet with a view to have it fast tracked in Parliament during the 3rd session.
b. Reports
Drawing from its functions the Committee obtains from:
i. The Auditor-General an audit report compiled in accordance with section 4(6) of the Auditor-General Act 12 of 1995.
The Committee has received and accepted the report of the year ended 31st March 1999 from the Auditor-General. The Committee has since engaged National Intelligence Agency (NIA) and South African Secret Service (SASS) on the issues that needed attention. Steps have been taken by the Agency and the Service to rectify these issues. Most of the problems were experienced during the process of amalgamation and restructuring of the Services.
ii. The Evaluation Committee a report on the secret services and intended secret services evaluated and reviewed by it, together with any comments or recommendations, which the Evaluation Committee may deem appropriate.
The Evaluation Committee has not been established as yet as required in terms of the Secret Services Act. The Committee is in consultation with President’s office to find out whether the President intends to set up the committee or to propose amendment to the enabling legislation.
iii. A Report on the Interception and Monitoring Prohibition Act 127 of 1992
The Committee met with Judge Gordon, who is responsible for issuing directives under this Act. The judge gave a report about his work. The Committee agreed together with the judge to regularise meetings between the committee and the judge to twice per year.
The following is a report submitted to the JSCI on applications from the Intelligence Services and granting of permission thereof. Applications
SAPS-CI
SANDF-DI
NIA
TOTAL
New received 90
130 220 New approved 89
127
New rejected 1
3
Renewal received 56
101 157 Renewal approved 56
96
Renewal rejected
5
Total handled 173
263
Crime related 124
State security related 9
263
Drug related 40
Amended/approved 27
29 56 Amended/rejected
3 3 TOTAL
436
In this report it is reflected that no applications were received from Defence Intelligence. This is because its mandate is external and its internal activities are limited to deployment by the President in support of the SAPS.
iv. Each Minister to submit a report regarding the budget for the Service for which he or she is responsible.
The Heads of Services have appeared before the Committee. The Committee is satisfied with the reports and has endorsed them. However, there are some matters that still need to be concluded with the Defence Intelligence. These matters hinge on personnel appointments and the related vote. This matter will be concluded before the tabling of Defence Intelligence budget to Parliament.
v. Inspector-General’s Reports and Certificates
The Committee has not received any report or certificate from the Office of the Inspector General at the time of drafting this report on the functioning of the Office of the Inspector General.
Section 4 JSCI Interaction with the Intelligence Services
The Committee has conducted a series of meetings with the Services. Concentration has been on inquiries on budget, financial expenditure, assets, personnel management, transformation and intelligence co- ordination. The norm of regular interaction with the Services has been established.
On our appointment, we made clear our intentions to pursue a number of inquiries, among others were:
* Probing issues of budget and financial expenditure as raised by the
report of the Auditor-General.
* The continuing risks posed by urban terrorism.
* The arrangements for co-ordination between the Intelligence Services
and the law enforcement agencies in respect of serious organized
crime.
National Intelligence Co-ordinating Committee (NICOC)
Co-ordination of intelligence in the context of the South African situation continues to be a strategic, effective and efficient way of handling both intelligence within the Intelligence Community and between the Intelligence Community and its clients. It is therefore an important tool under the circumstances especially considering the geo-political strategic position of our country. NICOC reinforces the work of the Committee because of its geographic distribution and location of its offices. It gives an integrated picture of the activities of the Services. However, the committee continues to have concerns on the co-ordination of intelligence at Provincial level. The report received from NICOC recently nevertheless indicates some improvements. National Intelligence Agency (NIA)
The functions of the National Intelligence Agency, subject to Section 3 of the Intelligence Act, are:
1. to gather, correlate, evaluate, and analyse domestic
intelligence, in order to:-
2. to fulfil the national counter-intelligence responsibilities and
for this purpose to conduct and co-ordinate counter-intelligence
and to gather, correlate, evaluate, analyse and interpret
information regarding counter-intelligence in order to: -
3. gather departmental intelligence at the request of any
interested department of State, and without delay evaluate and
transmit such intelligence and any other intelligence at the
disposal of the Agency and which constitutes departmental
intelligence, to the department concerned.
Observations and Recommendation In our interaction with NIA, we observed that there are issues that needed attention. These issues are from the report of the Auditor-General, performance and issues related to discipline. The issues that have been raised by the Auditor-General were discussed with the Agency and the Agency clarified the issues. The NIA indicated that these weaknesses were rectified. Despite all the bad publicity there is a lot of improvement in this area of administration.
The Committee closely scrutinized the performance of NIA on service delivery. Of particular importance was the vetting process. Delayed vetting reports may have negative impact on government departments, as they cannot continue with appointments without clearance being made on candidates for the jobs. However, the Committee has noted that there is a problem of lack of resources and capacity in the Agency.
The Committee urges the National Treasury to prioritise provision of financial resources to the Agency to increase its capacity to perform its core functions. The Committee is convinced that adequate financial resourcing of the Agency will bring about improvements in this regard.
South African Secret Services (SASS)
The Committee has had a good interaction with SASS. There is a sound improvement on management and administration matters. Progress on transformation is also satisfactory. However, due to under funding that the Service is experiencing:
* Representation abroad is not sufficient despite the fact that this is
the Service's core function. This problem needs to be prioritised.
* The Service cannot attract appropriate human resource. This is an
impediment to the functioning of the Service.
It is the view of the Committee that National Treasury must prioritise financial resource to the Service. Recently when the Department of Foreign Affairs (DFA) had improvements in its budget for foreign offices, SASS was not given similar financial allocations whilst the National Treasury knew very well that the impact of foreign exchange losses on the Rand was the same on both departments.
Despite these problems, the Service has achieved much and the Committee is convinced that with adequate funding more improvements will be realised.
South African National Defence Force - Defence Intelligence (DI)
The National Strategic Intelligence Act establishes the Defence Intelligence - a division of the South African National Defence Force. Its mandate is to:
* gather, correlate, evaluate and use foreign military intelligence,
and supply foreign military intelligence relating to national
strategic intelligence to NICOC;
* gather, correlate and use domestic military intelligence excluding
covert collection, except when employed for service referred to in
section 227(1)(e) of the Constitution and under conditions set out
in section 3 (2) of the Act, and supply such intelligence to
NICOC; and
* institute counter-intelligence measures within the National Defence
Force.
The Committee calls upon the National Treasury to consider having the Budget of the Defence Intelligence ring-fenced from the general budget of the Military. This Service is under resourced financially resulting in inadequate representation abroad. Offices in areas that warrant our presence have closed.
The integration process has been very slow. This is reflected by imbalanced representation of the South African demographics in the leadership echelons of the Service. This situation concerns the Committee. Regular visits to Defence Intelligence to oversee this process are being planned.
As it has been indicated in our last report, the interaction between the Committee and Defence Intelligence has been poor. During the year under review the Committee notes some improvement although not of immense significance.
South African Police Service - Crime Intelligence (CI)
The Constitution allows for the establishment of the Crime Intelligence Division of the South African Police Service for the sole purpose:
* to gather, correlate, evaluate and use crime intelligence in support
of the functions of the South African Police Service as
contemplated in section 215 of the Constitution; and
* to institute counter-intelligence measures within the South African
Police Service.
In order to supply crime intelligence relating to national strategic intelligence to NICOC.
Crime Intelligence is a new Intelligence Service in our country. Progress in developing this division has been very slow. The division has the daunting task of creating capacity within crime intelligence through changing the mindset and orientating its members towards the provision of a crime combating service.
Crime Intelligence has not been stable ever since its inception due to ongoing structural and personnel changes. The Committee is engaging the Service on this issue including that of transformation because little has also been done in that area.
Most of the problems in Crime Intelligence are as a result of lack of financial resources. The Committee has accepted the report tabled by the Service and is satisfied with plans.
Section 5 International Relations
-
Africa The Committee is participating in the Round Table discussions on oversight function. In Africa the consistent participants to these Round Table discussions are governments of Ghana, Nigeria and the Republic of South Africa. In Africa, South Africa is ahead of other countries in putting in place parliamentary oversight mechanisms.
-
Rest of the World
The ability of the Committee to conduct its work properly depends on its characteristics. The Committee undertook a number of study tours to gain exposure so as to be able to build a particular characteristic. Members must know enough about intelligence to be able to do the job effectively. The interaction with the other Committees has helped to balance the knowledge and characteristics of the Committee. Coming from outside intelligence, one may have suspicion of becoming part of the system. On the other hand learn details and what questions to ask and the culture of the Services he/she has to work with.
In Canada and the United States of America the Committee was interested in the set-up and operations of the Offices of the Inspectors-General whereas in Germany the focus was on oversight role and functions. Comparative oversight arrangements were discussed.
We were pleased to receive officials and parliamentarians interested in the field of oversight from Canada. These interactions exposed the Committee to a number international experiences and trends.
Section 6 Budget
From February 2000 to March 2001, the Committee held thirty five meetings, visited the Signal Intelligence department at Rietvlei and held one bosberaad. The Committee would like to raise its concern over its budget allocation as it operates differently to other Committees of Parliament in that no document may leave the office. This implies that Committee members have to do all their work within the walls of the JSCI office. This requires provision of suitable working space and infra-structural support. These are inadequately supplied at the moment. The security requirements under which the Committee works require Committee members to spend most of their time at the JSCI office.
The JSCI, unlike other Committees, cannot receive sponsorship for purposes of undertaking study tours as this could undermine national security. Its budget therefore should not be treated the same way as the budget of other Committees.
Section 7 Conclusion
It has become clear to the Committee that oversight is likely to be more effective if the relationship between the Committee and the Ministers responsible for Intelligence Services and the Office of the Inspector- General is strengthened. The Committee regrets poor interaction experienced in the past year with the Ministers and that the Office of the Inspector- General is not fully operational. While the advent of the JSCI has not eradicated Intelligence Services’ problems, it has helped identify and remove many of them. The Committee has exposed numerous problems and recommended solutions. This has helped Services to be more professional in executing their duties. The Committee has generally built up good reputation.
The reputation for good, thorough and effective oversight has had a deterrent effect on Members of the Services who might have been tempted to go beyond the limits of the law.
The process for setting up the Services’ priorities is well established but there is a need to provide adequate resources to meet these priorities to the best of their ability. It is important that the Services make the best use of the technology at their disposal and improve on it by being involved in collaborative projects where appropriate. Efforts undertaken by Services to overcome their difficulties in the recruitment is encouraged. However, it is vitally important that they are able to recruit members with the necessary language skills and specialisation. The Committee intends to keep this situation under review.
Annexure 1: Meetings with Intelligence Institutions
CREDA INSERT SCHEDULE/TABLE/COLUMNS
Annexure II: Meetings with Ministers responsible for Intelligence Services
Annexure III: Other Institutions
THURSDAY, 2 AUGUST 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) Assent by the President of the Republic in respect of the
following Bill:
(i) Eskom Conversion Bill [B 16D - 2001] - Act No 13 of 2001
(assented to and signed by President on 30 July 2001).
(2) The Minister of Trade and Industry submitted the
Wysigingswetsontwerp op Verbruikersake (Onbillike Sakepraktyke) [W
28 - 2001] (National Council of Provinces - sec 76) to the Speaker
and the Chairperson on 2 August 2001. The Consumer Affairs (Unfair
Business Practices) Amendment Bill [B 28 - 2001] (National Council
of Provinces - sec 76), at the request of the Minister, was
introduced in the National Council of Provinces by the Select
Committee on Economic Affairs on 23 May 2001.
National Assembly:
- The Speaker:
(1) The Minister of Finance submitted the Wysigingswetsontwerp op
Pensioenfondse [W 24 - 2001] (National Assembly - sec 75) to the
Speaker on 30 July 2001. The Pension Funds Amendment Bill [B 22 -
2001] (National Assembly - sec 75) was introduced in the National
Asssembly by the Minister on 4 May 2001.
MONDAY, 20 AUGUST 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Joint Tagging Mechanism (JTM) on 8 August 2001 in terms of
Joint Rule 160(4), classified the following Bill as a section 76
Bill:
(i) Industrial Development Amendment Bill [B 32 - 2001]
(National Assembly - sec 76).
[NOTE: This Bill was introduced as a sec 75 Bill.]
(2) The Joint Tagging Mechanism (JTM) on 8 August 2001 in terms of
Joint Rule 160(3), classified the following Bill as a section 75
Bill:
(i) Diplomatic Immunities and Privileges Amendment Bill [B 40
- 2001] (National Assembly - sec 75).
(3) The Minister of Defence in accordance with National Assembly
Rule 299 withdrew the following Bill on 20 July 2001:
(i) Constitution of the Republic of South Africa Amendment
Bill [B 4 - 2001] (National Assembly - sec 74(3)(a)).
(4) The Minister for Provincial and Local Government on 7 August
2001 submitted a draft of the Disaster Management Bill, 2001, as
well as the memorandum explaining the objects of the proposed
legislation, to the Speaker and the Chairperson in terms of Joint
Rule 159. The draft has been referred to the Portfolio Committee
on Provincial and Local Government and the Select Committee on
Local Government and Administration by the Speaker and the
Chairperson, respectively, in accordance with Joint Rule 159(2).
(5) The following Bill was introduced by the Minister of Finance in
the National Assembly on 17 August 2001 and referred to the Joint
Tagging Mechanism (JTM) for classification in terms of Joint Rule
160:
(i) Pension Funds Second Amendment Bill [B 41 - 2001]
(National Assembly - sec 75) [Explanatory summary of Bill and
prior notice of its introduction published in Government
Gazette No 22021 of 24 January 2001.]
The Bill has also been referred to the Portfolio Committee on
Finance of the National Assembly.
(6) The following Bills were introduced by the Minister for Justice
and Constitutional Development in the National Assembly on 20
August 2001 and referred to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160:
(i) International Criminal Court Bill [B 42- 2001]
(National Assembly - sec 75) [Explanatory summary of Bill
and prior notice of its introduction published in
Government Gazette No 22456 of 4 July 2001.]
(ii) Judicial Matters Amendment Bill [B 43- 2001] (National
Assembly - sec 75) [Explanatory summary of Bill and prior
notice of its introduction published in Government
Gazette No 22582 of 17 August 2001.]
The Bills have also been referred to the Portfolio Committee on
Justice and Constitutional Development of the National Assembly.
National Assembly:
- The Speaker:
(1) The following documents have been received emanating from the
Parliamentary meeting (organised by the Inter-Parliamentary Union)
- For a Free, Just and Equitable Multilateral Trading System:
Providing a Parliamentary Dimension, Geneva, 8-9 June 2001.
(a) Final Declaration adopted on 9 June 2001.
(b) Summary of the debate by the Chair, Dr Najma Heptulla,
President of the Council of the Inter-Parliamentary Union.
The documents can be accessed in the Parliamentary Library.
Copies have also been sent to the Portfolio Committees on Trade
and Industry and Foreign Affairs of the National Assembly for
information.
(2) The Minister of Finance submitted the Wetsontwerp op Finansiële
Instellings (Beskerming van Fondse) [W 23 - 2001] (National
Assembly - sec 75) to the Speaker on 6 August 2001. The Financial
Institutions (Protection of Funds) Bill [B 23 - 2001] (National
Assembly - sec 75) was introduced in the National Asssembly by the
Minister on 10 May 2001.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Finance:
Amendment of Schedules 200-01-04 to 200-12-30 and 2001-04-04 of the
Customs and Excise Act, 1964 (Act No 91 of 1964).
- The Minister of Water Affairs and Forestry:
(1) Revised Protocol on Shared Watercourses in the Southern African
Development Community, tabled in terms of section 231(2) of the
Constitution, 1996.
(2) Explanatory Memorandum on the Revised Protocol.
National Assembly: Papers:
- The Speaker:
Documents, in terms of section 3(11)(a) of the Public Protector Act,
1994 (Act No 23 of 1994), setting out the remuneration, allowances and
other conditions of employment determined by the Public Protector for
staff in his office.
TUESDAY, 21 AUGUST 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Minister for Justice and Constitutional Development on 21
August 2001 submitted a draft of the Criminal Procedure Second
Amendment Bill, 2001, as well as the memorandum explaining the
objects of the proposed legislation, to the Speaker and the
Chairperson in terms of Joint Rule 159. The draft has been
referred to the Portfolio Committee on Justice and Constitutional
Development and the Select Committee on Security and
Constitutional Affairs by the Speaker and the Chairperson,
respectively, in accordance with Joint Rule 159(2).
(2) The following Bills were introduced by the Minister for Justice
and Constitutional Development in the National Assembly on 21
August 2001 and referred to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160:
(i) Interim Rationalisation of Jurisdiction of High Courts
Bill [B 44 - 2001] (National Assembly - sec 75)
[Explanatory summary of Bill and prior notice of its
introduction published in Government Gazette No 22582 of
17 August 2001.]
(ii) Criminal Procedure Second Amendment Bill [B 45 - 2001]
(National Assembly - sec 75) [Explanatory summary of Bill
and prior notice of its introduction published in
Government Gazette No 22582 of 17 August 2001.]
The Bills have also been referred to the Portfolio Committee on
Justice and Constitutional Development of the National Assembly.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Finance: (1) Government Notice No R.710 published in Government Gazette Number 22521 dated 3 August 2001, Appointment of an authorised dealer in foreign exchange made in terms of the Exchange Control Regulations.
(2) Government Notice No R.725 published in Government Gazette No
22549 dated 10 August 2001, Preferential Procurement Regulations,
2001 pertaining to the Preferential Procurement Policy Framework
Act, 2000 (Act No 5 of 2000).
- The Minister of Safety and Security:
(1) Agreement between the Government of the Republic of South Africa
and the Government of the Arab Republic of Egypt in respect of
Police Cooperation, tabled in terms of section 231(3) of the
Constitution, 1996.
(2) Agreement between the Government of the Republic of South Africa
and the Government of the Federal Republic of Nigeria in respect
of Police Cooperation, tabled in terms of section 231(3) of the
Constitution, 1996.
- The Minister of Trade and Industry:
Report of the Board on Tariffs and Trade for 1999 (Report No 4078).
- The Minister of Water Affairs and Forestry:
(1) Report and Financial Statements of the Karos Geelkoppan Water
Board for 2000-2001.
(2) Government Notice No R.652 published in Government Gazette No
22472 dated 20 July 2001, Norms and Standards in respect of
tariffs for water services made in terms of section 10(1) of the
Water Services Act, 1997 (Act No 108 of 1997).
COMMITTEE REPORTS:
National Assembly:
-
Report of the Portfolio Committee on Trade and Industry on the Consumer Affairs (Unfair Business Practices) Amendment Bill [B 28B - 2001] (National Council of Provinces - sec 76), dated 21 August 2001:
The Portfolio Committee on Trade and Industry, having considered the subject of the Consumer Affairs (Unfair Business Practices) Amendment Bill [B 28B - 2001] (National Council of Provinces - sec 76), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill without amendment.
WEDNESDAY, 22 AUGUST 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) Assent by the President of the Republic in respect of the
following Bill:
(i) South African Boxing Bill [B 13D - 2001] - Act No 11 of
2001 (assented to and signed by President on 14 August
2001).
National Assembly:
- The Speaker:
(1) The vacancy which occurred owing to Mr J H Momberg vacating his
seat with effect from 1 August 2001, has been filled with effect
from 1 August 2001 by the nomination of Ms J Moloi.
(2) The following papers have been tabled and are now referred to
the relevant committees as mentioned below:
(a) The following papers are referred to the Portfolio
Committee on Water Affairs and Forestry for consideration and
report:
(i) Revised Protocol on Shared Watercourses in the Southern
African Development Community, tabled in terms of
section 231(2) of the Constitution, 1996.
(ii) Explanatory Memorandum on the Revised Protocol.
(b) The following paper is referred to the Portfolio Committee
on Justice and Constitutional Development for consideration
and report:
Documents, in terms of section 3(11)(a) of the Public
Protector Act, 1994 (Act No 23 of 1994), setting out the
remuneration, allowances and other conditions of employment
determined by the Public Protector for staff in his office.
(c) The following paper is referred to the Portfolio Committee
on Finance:
Amendment of Schedules 2000-01-04 to 2000-12-30 and 2001-04-04
of the Customs and Excise Act, 1964 (Act No 91 of 1964).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Trade and Industry:
Report and Financial Statements of the National Lotteries Board for
1999-2000, including the Report of the Auditor-General on the Financial
Statements for 1999-2000. 2. The Minister of Water Affairs and Forestry:
(1) Government Notice No 80 published in Government Gazette No 21991
dated 26 January 2001, Request to register a water use in terms of
section 21 of the National Water Act, 1998 (Act No 36 of 1998).
(2) Government Notice No 82 published in Government Gazette No 21998
dated 26 January 2001, Release of parts of a State forest which
are no longer required for forestry, made in terms of section
50(4) of the National Forests Act, 1998 (Act No 84 of 1998).
(3) Government Notice No 118 published in Government Gazette No
22031 dated 9 February 2001, Transformation of the Vrolikheid
Irrigation Board, Division of Robertson, Province of the Western
Cape, into the Vrolikheid Water User Association, Water Management
Area Number 18, Province of the Western Cape, made in terms of
section 98(6) of the National Water Act, 1998 (Act No 36 of 1998).
(4) Government Notice No 198 published in Government Gazette No
22093 dated 2 March 2001, Release of parts of a State forest which
are no longer required for forestry, made in terms of section
50(4) of the National Forests Act, 1998 (Act No 84 of 1998).
(5) Government Notice No 245 published in Government Gazette No
22145 dated 23 March 2001, Transformation of the Hoops River
Irrigation Board, Division of Robertson, Province of the Western
Cape, into the Hoops River Water User Association, Water
Management Area Number 18, Province of the Western Cape, made in
terms of section 98(6) of the National Water Act, 1998 (Act No 36
of 1998).
(6) Government Notice No 334 published in Government Gazette No
22201 dated 6 April 2001, Notice of extension of time for
registration of water uses in terms of the National Water Act,
1998 (Act No 36 of 1998).
(7) Government Notice No 369 published in Government Gazette No
22255 dated 4 May 2001, Transformation of the Noord-Oranje and
Garrip Irrigation Boards and the Karos-Geelkoppan Water Board into
the Boegoeberg Water User Association, Districts Gordonia, Hay,
Kenhardt and Prieska, Province of the Northern Cape, Water
Management Area Number 14, made in terms of section 98(6) of the
National Water Act, 1998 (Act No 36 of 1998).
(8) Government Notice No 370 published in Government Gazette No
22255 dated 4 May 2001, Release of parts of a State forest which
are no longer required for forestry, made in terms of section
50(4) of the National Forests Act, 1998 (Act No 84 of 1998).
(9) Government Notice No 419 published in Government Gazette No
22281 dated 18 May 2001, Transformation of the Konings River
Irrigation Board, Division of Robertson, Province of the Western
Cape, into the Konings Water User Association, Water Management
Area Number 18, Province of the Western Cape, made in terms of
section 98(6) of the National Water Act, 1998 (Act No 36 of 1998).
(10)Government Notice No 420 published in Government Gazette No 22281
dated 18 May 2001, Transformation of the Klaasvoogds Irrigation
Board, Division of Robertson, Province of the Western Cape, into
the Klaasvoogds Water User Association, Water Management Area
Number 18, Province of the Western Cape, made in terms of section
98(6) of the National Water Act, 1998 (Act No 36 of 1998).
(11)Government Notice No 421 published in Government Gazette No 22281
dated 18 May 2001, Establishment of the Vaalharts Water User
Association, districts of Hartswater, Warrenton and Barkly West in
the Northern Cape Province as well as the districts of Christiana
and Taung in the North West Province, Water Management Area Number
10, made in terms of section 92(1) of the National Water Act, 1998
(Act No 36 of 1998).
(12)Government Notice No 432 published in Government Gazette No 22305
dated 25 May 2001, Prohibition on the making of fires in the open
air, the destruction by burning of slash and clearing or
maintenance of fire belts by burning and the execution of block-
burns: Districts of (A) Ermelo, Eerstehoek, Carolina and Waterval-
Bakoven; (B) Piet Retief and Wakkerstroom, made in terms of
sections 25(1), (2) and (3) of the Forest Act, 1984 (Act No 122 of
1984).
(13)Government Notice No 433 published in Government Gazette No 22305
dated 25 May 2001, Prohibition on the making of fires in the open
air, the destruction by burning of slash and clearing or
maintenance of fire belts by burning and the execution of block-
burns: Soutpansberg areas, made in terms of sections 25(1), (2)
and (3) of the Forest Act, 1984 (Act No 122 of 1984).
(14)Government Notice No 434 published in Government Gazette No 22305
dated 25 May 2001, Prohibition on the making of fires in the open
air, the destruction by burning of slash and clearing or
maintenance of fire belts by burning and the execution of block-
burns: Districts of Nelspruit, White River, Pilgrim's Rest
Lydenburg, Belfast, Waterval-Boven, Carolina and Barberton, made
in terms of sections 25(1), (2) and (3) of the Forest Act, 1984
(Act No 122 of 1984).
(15)Government Notice No 468 published in Government Gazette No 22321
dated 1 June 2001, Prohibition on the making of fires in the open
air, the destruction by burning of slash and clearing or
maintenance of fire belts by burning and the execution of block-
burns, the facilitation of harvesting sugar cane by burning for
ecologically necessary purposes on high risk days: KwaZulu-Natal:
2001, made in terms of sections 25(1), (2) and (3) of the Forest
Act, 1984 (Act No 122 of 1984).
(16)Government Notice No 516 published in Government Gazette No 22357
dated 15 June 2001, Establishment of the Kakamas Water User
Association, Districts Kenhardt and Gordonia, Province of the
Northern Cape, Water Management Area Number 14, made in terms of
section 92(1) of the National Water Act, 1998 (Act No 36 of 1998).
(17)Government Notice No 539 published in Government Gazette No 22357
dated 15 June 2001, Correction Notice to the Notice of extension
of time for registration of water uses in terms of the National
Water Act, 1998 (Act No 36 of 1998).
(18)Government Notice No 540 published in Government Gazette No 22357
dated 15 June 2001, Invitation to submit written comments on
proposed general authorisation in terms of section 39 of the
National Water Act, 1998 (Act No 36 of 1998).
(19)Government Notice No 410 published in Government Gazette No 22065
dated 16 February 2001, Publication of Explanatory Memorandum of
the National Forest and Fire Laws Amendment Bill, 2000.
THURSDAY, 23 AUGUST 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
-
The Speaker and the Chairperson: (1) The following Bill was introduced by the Minister of Home Affairs in the National Assembly on 23 August 2001 and referred to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160:
(i) Immigration Bill [B 46 - 2001] (National Assembly - sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 22439 of 29 June 2001.]
The Bill has also been referred to the Portfolio Committee on Home Affairs of the National Assembly.
In terms of Joint Rule 154 written views on the classification of the Bill may be submitted to the Joint Tagging Mechanism (JTM) by not later than Monday, 27 August 2001.
(2) The following Bill was introduced by the Minister of Arts,
Culture, Science and Technology in the National Assembly on 23
August 2001 and referred to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160:
(i) Africa Institute of South Africa Bill [B 47 - 2001]
(National Assembly - sec 75) [Explanatory summary of Bill and
prior notice of its introduction published in Government
Gazette No 22367 of 8 June 2001.]
The Bill has also been referred to the Portfolio Committee on
Arts, Culture, Science and Technology of the National Assembly.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM) by
not later than Monday, 27 August 2001.
(3) The following Bill was introduced by the Minister for
Agriculture and Land Affairs in the National Assembly on 23 August
2001 and referred to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160:
(i) KwaZulu Cane Growers' Association Act Repeal Bill [B 48 -
2001] (National Assembly - sec 75) [Explanatory summary of
Bill and prior notice of its introduction published in
Government Gazette No 22546 of 10 August 2001.]
The Bill has also been referred to the Portfolio Committee on
Agriculture and Land Affairs of the National Assembly.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM) by
not later than Monday, 27 August 2001.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Transport:
(1) Report and Financial Statements of the Air Traffic and
Navigation Services Company Limited for 2000-2001.
(2) Report and Financial Statements of the Airports Company South
Africa Limited for 2000-2001.
(3) Report and Financial Statements of the South African Maritime
Safety Authority for 1998-99, including the Report of the Auditor-
General on the Financial Statements of the Maritime Safety
Authority (incorporating the Maritime Fund) for 1998-99.
(4) The Report and Financial Statements of the South African Roads
Agency Limited for 1999-2000, including the Report of the Auditor-
General on the Financial Statements for 1999-2000.
- The Minister of Labour:
Report and Financial Statements of the Commission for Conciliation,
Mediation and Arbitration for 1999-2000, including the Report of the
Auditor-General on the Financial Statements for 1999-2000.
- The Minister of Health:
(1) Government Notice No R.491 published in Government Gazette No
22340 dated 8 June 2001, Correction Notice to the Regulations
governing microbiological standards for foodstuffs and related
matters, made in terms of the Foodstuffs, Cosmetics and
Disinfectants Act, 1972 (Act No 54 of 1972).
(2) Government Notice No R.490 published in Government Gazette No
22340 dated 8 June 2001, Amendment of Regulations governing
microbiological standards for foodstuffs and related matters, made
in terms of section 15(1) of the Foodstuffs, Cosmetics and
Disinfectants Act, 1972 (Act No 54 of 1972).
(3) Government Notice No R.488 published in Government Gazette No
22340 dated 8 June 2001, Correction Notice to Regulations relating
to dairy and milk products, made in terms of the Foodstuffs,
Cosmetics and Disinfectants Act, 1972 (Act No 54 of 1972).
(4) Government Notice No R.492 published in Government Gazette No
22340 dated 8 June 2001, Repealing Regulations relating to
articles imported in transit and addressed to or intended for
transmission to Transkei, made in terms of section 15(1) of the
Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No 54 of
1972).
(5) Government Notice No R.493 published in Government Gazette No
22340 dated 8 June 2001, Repealing Regulations relating to
articles imported in transit and addressed to or intended for
transmission to Bophutatswana, made in terms of section 15(1) of
the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No 54
of 1972).
(6) Government Notice No R.506 published in Government Gazette No
22340 dated 8 June 2001, Repealing Regulations relating to
articles imported in transit and addressed to or intended for
transmission to Ciskei, made in terms of section 15(1) of the
Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No 54 of
1972).
(7) Government Notice No R.507 published in Government Gazette No
22340 dated 8 June 2001, Repealing Regulations relating to
articles imported in transit and addressed to or intended for
transmission to Venda, made in terms of section 15(1) of the
Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No 54 of
1972).
(8) Government Notice No R.494 published in Government Gazette No
22351 dated 8 June 2001, Amendment to Regulations governing the
maximum limits for pesticides residues that may be present in the
foodstuffs, made in terms of section 15(1) of the Foodstuffs,
Cosmetics and Disinfectants Act, 1972 (Act No 54 of 1972).
(9) Government Notice No R.495 published in Government Gazette No
22351 dated 8 June 2001, Regulations relating to impairment of
students and practitioners, made in terms of section 51, read with
section 61(1), of the Health Professions Act, 1974 (Act No 56 of
1974).
(10)Government Notice No 552 published in Government Gazette No 22390
dated 22 June 2001, Regulations relating to fees payable to the
Health Professions Council of South Africa, made in terms of
section 61(1), read with section 61(4), of the Health Professions
Act, 1974 (Act No 56 of 1974).
(11)Government Notice No 553 published in Government Gazette No 22390
dated 22 June 2001, Regulations relating to the registration of
registered counsellors, made in terms of sections 24 and 25, read
with section 61(a)(iv) of the Health Professions Act, 1974 (Act No
56 of 1974).
(12)Government Notice No 554 published in Government Gazette No 22390
dated 22 June 2001, Regulations relating to the qualifications
which entitle psychologists to registration, made in terms of
section 24(1) of the Health Professions Act, 1974 (Act No 56 of
1974).
(13)Government Notice No R.588 published in Government Gazette No 22420
dated 29 June 2001, Regulations relating to the registration of
psychometrists, made in terms of section 24, read with section
61(a)(iv) of the Health Professions Act, 1974 (Act No 56 of 1974).
(14)Government Notice No R.589 published in Government Gazette No 22420
dated 29 June 2001, Amendment to Regulations relating to
performance of community service by persons registering in terms
of the Health Professions Act, 1974, made in terms of section 24A
of the Health Professions Act, 1974 (Act No 56 of 1974).
(15)Government Notice No R.590 published in Government Gazette No 22420
dated 29 June 2001, Regulations relating to the specialities in
medicine and dentistry, made in terms of section 35, read together
with section 61(1)(f) of the Health Professions Act, 1974 (Act No
56 of 1974).
(16)Government Notice No R.656 published in Government Gazette No 22469
dated 20 July 2001, Regulations relating to qualifications for
registration of arts therapists and registration of persons
qualified outside the Republic, made in terms of section 61(1),
read with sections 24 and 25 of the Health Professions Act, 1974
(Act No 56 of 1974).
(17)Government Notice No 480 published in Government Gazette No 22235
dated 1 June 2001, General Regulations relating to the Medicine
and Related Substances Control Act, 1965 (Act No 101 of 1965).
(18)Government Notice No 1475 published in Government Gazette No 22377
dated 15 June 2001, Substances and medicines containing active
substance or substances not taken up in any of the other
Schedules, made in terms of section 22A of the Medicine and
Related Substances Control Act, 1965 (Act No 101 of 1965).
(19)Government Notice No R.395 published in Government Gazette No 22284
dated 18 May 2001, List of approved facilities for the purposes of
performing community service by pharmacists in the year 2002, made
in terms of the Pharmacy Act, 1974 (Act No 53 of 1974).
(20)Government Notice No R.496 published in Government Gazette No 22351
dated 8 June 2001, Regulations relating to the conduct of
inquiries held in terms of Chapter V of the Pharmacy Act, 1974,
made in terms of section 49(1) of the Pharmacy Act, 1974 (Act No
53 of 1974).
(21)Government Notice No 414 published in Government Gazette No 22293
dated 14 May 2001, Publication of the Explanatory Memorandum of
the summary of the National Laboratory Service Amendment Bill,
2001.
(22)Government Notice No 1407 published in Government Gazette No 22235
dated 1 June 2001, Publication of the Medical Schemes Amendment
Bill, 2001 for comment.
(23)Government Notice 1438 published in Government Gazette No 22369
dated 8 June 2001, Publication of the Medical Schemes Amendment
Bill, 2001 for comment.
MONDAY, 27 AUGUST 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Minister for Provincial and Local Government on 24 August
2001 submitted a draft of the Commission for the Promotion and
Protection of the Rights of Cultural, Religious and Linguistic
Communities Bill, 2001, as well as the memorandum explaining the
objects of the proposed legislation, to the Speaker and the
Chairperson in terms of Joint Rule 159. The draft has been
referred to the Portfolio Committee on Provincial and Local
Government and the Select Committee on Local Government and
Administration by the Speaker and the Chairperson, respectively,
in accordance with Joint Rule 159(2).
(2) The following Bill was introduced by the Minister for
Agriculture and Land Affairs in the National Assembly on 27 August
2001 and referred to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160:
(i) Animal Identification Bill [B 49 - 2001] (National
Assembly - sec 75) [Explanatory summary of Bill and prior
notice of its introduction published in Government Gazette No
22546 of 10 August 2001.]
The Bill has also been referred to the Portfolio Committee on
Agriculture and Land Affairs of the National Assembly.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
National Assembly:
- The Speaker:
(1) The following papers have been tabled and are now referred to
the relevant committees as mentioned below:
(a) The following papers are referred to the Portfolio
Committee on Finance:
(i) Government Notice No R.710 published in Government Gazette
Number 22521 dated 3 August 2001, Appointment of an
authorised dealer in foreign exchange made in terms
of the Exchange Control Regulations.
(ii) Government Notice No R.725 published in Government
Gazette No 22549 dated 10 August 2001, Preferential
Procurement Regulations, 2001 pertaining to the
Preferential Procurement Policy Framework Act, 2000
(Act No 5 of 2000).
(b) The following papers are referred to the Portfolio
Committee on Water Affairs and Forestry:
(i) Report and Financial Statements of the Karos Geelkoppan
Water Board for 2000-2001.
(ii) Government Notice No R.652 published in Government
Gazette No 22472 dated 20 July 2001, Norms and
Standards in respect of tariffs for water services
made in terms of section 10(1) of the Water Services
Act, 1997 (Act No 108 of 1997).
(c) The following papers are referred to the Portfolio
Committee on Safety and Security:
(i) Agreement between the Government of the Republic of South
Africa and the Government of the Arab Republic of
Egypt in respect of Police Cooperation, tabled in
terms of section 231(3) of the Constitution, 1996.
(ii) Agreement between the Government of the Republic of
South Africa and the Government of the Federal
Republic of Nigeria in respect of Police Cooperation,
tabled in terms of section 231(3) of the Constituion,
1996.
(d) The following paper is referred to the Portfolio Committee
on Trade and Industry:
Report of the Board on Tariffs and Trade for 1999 (Report No
4078).
(2) The vacancy which occurred owing to the termination of party
membership of Dr S E Mzimela, has been filled with effect from 2
August 2001 by the nomination of Mr W G Makanda.
(3) Mr B A D Martins has been appointed as chairperson of the
Portfolio Committee on Public Enterprises with effect from 23
August 2001.
TABLINGS: National Assembly and National Council of Provinces:
Papers:
- The Minister of Labour:
Report and Financial Statements of the National Economic Development
and Labour Council for 2000-2001.
- The Minister for Agriculture and Land Affairs:
Report and Financial Statements of Ncera Farms (Pty) Limited for 2000-
2001.
National Assembly:
- The Speaker:
Summary Report of the South African Parliamentary Delegation to the
104Th IPU Conference, held on 15-21 October 2000 at Jakarta, Indonesia.
The delegation was led by Ms Baleka Mbete, Deputy Speaker of the
National Assembly. The other delegates were Ms Gwen Mahlangu (ANC); Mr
Jacob Mgidi (ANC); Mr Archie Lucas (ANC-NCOP); Mr Paul Swart (DP); Mr J
H van der Merwe (IFP); Mr Jacobus Dowry (New NP) and Mr Tommy Abrahams
(UDM).
Mr Kasper Hahndiek, Secretary to National Assembly and Mr Mtutu Masiza
of the International Relations Unit accompanied the delegation.
1. AGENDA
Item 1- Election of the President and Vice Presidents of the 104th
Conference
Item 2- Consideration of possible requests for the inclusion of a
supplementary item in the Conference agenda and emergency
supplementary item
Item 3- General debate on the political, economic and social
situation in the world
Item 4- The Prevention of military and other coups against
democratically elected governments and against the free
will of the people expressed through direct suffrage, and
action to address grave violations of the human rights of
parliamentarians.
Item 5- Financing for development and a new paradigm of economic
and social development designed to eradicate poverty
Item 6- Amendments to the Statutes and Rules of the Union
2. Supplementary Items
The Conference had to decide on an Emergency Supplementary Item and a
Supplementary Item. It accepted the Emergency Supplementary Item
"Bringing an end to the tension and violence in the Middle East,
protecting civilians in accordance with the Fourth Geneva Convention,
and action to save the peace process in accordance with the relevant
United Nations resolution."
Four Supplementary Items - from Italy, Algeria, South Africa and
Belgium - finally came before the Conference and it accepted the
Supplementary Item: "Are embargoes and economic sanctions still
ethically acceptable, do they still work, and are they suited to
achieving their purpose in an ever more globalised world?"
The South African delegation was of the view that their item would have
succeeded if the Africa Group had given them the unqualified support,
promised at the meeting of the Africa Group. A few African countries
were absent at the time of voting and Burundi and Egypt voted against
the South African item.
3. General Debate in plenary
The Deputy Speaker and Mr J H van der Merwe participated in the General
Debate. The Deputy Speaker emphasised the role of the IPU in
international politics in her speech. She also raised the importance
for parliamentarians "on behalf of their electorate, to play their
role, particularly in the budget process". Mr Van der Merwe's speech
challenged the sincerity of politicians regarding constructive steps to
eradicate poverty in the world. All members of the delegation
participated in debates of various Drafting Committees.
4. Conference Resolutions
The resolution "The Prevention of military and other coups against
democratically elected governments and against the free will of the
peoples expressed through direct suffrage, and action to address grave
violations of the human rights of parliamentarians" called on all
member parliaments to support the work of the Committee on the Human
Rights of Parliamentarians through appropriate follow-up action on
cases of human rights violations suffered by fellow parliamentarians;
urged the IPU to play a special role through the use of the internet
and other cost-effective yet persuasive modes of mass communication to
provide a venue that encourages the early reporting and of human rights
violations so that parliamentarians can take swift action to protect
the rights of parliamentarians and other citizens around the world and
requested the Secretary-General of the IPU to examine the feasibility
of establishing a mechanism for monitoring and denouncing violations of
human rights and civil liberties.
It also adopted the resolution "Financing for development and a new
paradigm of economic and social development designed to eradicate
poverty" which urged the world's parliamentarians to play a central
role in the implementation of development assistance measures, both at
home and in the international arena.
It furthermore endorsed that a new, more structured relationship
between the IPU and the UN must be developed. (The nature of this
relationship should be carefully considered in the IRC.)
5. The Africa Group
5.1 Report from the IPU Women Group
Ms Mahlangu appealed to Parliaments to support increased participation
by women in IPU events and issues raised by women as well as the need
for them to be appointed as rapporteurs and chairpersons. She mentioned
that conference participation indicated 24% of women representation -
the highest ever.
SA was suggested as a possible venue for the next preparatory meeting
of the Women's Group.
5.2 Union of African Parliaments Conference
At a bilateral meeting between the Deputy Speaker and the Ethiopian
Speaker, Mr Dawit Yohannes, who was to become Chair of the UAP at the
Addis Ababa meeting, appealed to South Africa to join and persuade
other SADC countries to join.
It was further proposed that:
The African Group should meet regularly during conferences; a
preliminary meeting should be held before the conference commences and
African delegations should consider arriving a day earlier at
conferences for this purpose.
Africa Group meetings continue to be convened by the UAP instead of the
OAU chair or a member of the IPU executive.
6. Comments and Recommendations (for consideration by the IRC)
A permanent structure for the IPU should be established at Parliament
as there is a lot of work generated by IPU committees which needs to be
processed on an ongoing basis between conferences.
7. Bilateral meetings
The Deputy Speaker held a number of bilateral meetings with leaders of
various delegations.
TUESDAY, 28 AUGUST 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The following Bill was introduced by the Minister for Justice
and Constitutional Development in the National Assembly on 28
August 2001 and referred to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160:
(i) Interception and Monitoring Bill [B 50 - 2001] (National
Assembly - sec 75) [Explanatory summary of Bill and prior
notice of its introduction published in Government Gazette No
22582 of 17 August 2001.]
The Bill has also been referred to the Portfolio Committee on
Justice and Constitutional Development of the National Assembly.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
(2) The following Bill was introduced by the Minister of Finance in
the National Assembly on 28 August 2001 and referred to the Joint
Tagging Mechanism (JTM) for classification in terms of Joint Rule
160:
(i) Provincial Tax Regulation Bill [B 51 - 2001] (National
Assembly - sec 76) [Explanatory summary of Bill and prior
notice of its introduction published in Government Gazette No
22353 of 1 June 2001.]
The Bill has also been referred to the Portfolio Committee on
Finance of the National Assembly.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
National Assembly:
- The Speaker:
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. The Report of the Auditor-General contained in
the following paper is referred to the Standing Committee on
Public Accounts for consideration and report:
Report and Financial Statements of the National Lotteries Board
for 1999-2000, including the Report of the Auditor-General on the
Financial Statements for 1999-2000.
(2) The following papers are referred to the Portfolio Committee on
Water Affairs and Forestry:
(a) Government Notice No 80 published in Government Gazette No
21991 dated 26 January 2001, Request to register a water use
in terms of section 21 of the National Water Act, 1998 (Act No
36 of 1998).
(b) Government Notice No 82 published in Government Gazette No
21998 dated 26 January 2001, Release of parts of a State
forest which are no longer required for forestry, made in
terms of section 50(4) of the National Forests Act, 1998 (Act
No 84 of 1998).
(c) Government Notice No 118 published in Government Gazette
No 22031 dated 9 February 2001, Transformation of the
Vrolikheid Irrigation Board, Division of Robertson, Province
of the Western Cape, into the Vrolikheid Water User
Association, Water Management Area Number 18, Province of the
Western Cape, made in terms of section 98(6) of the National
Water Act, 1998 (Act No 36 of 1998).
(d) Government Notice No 198 published in Government Gazette
No 22093 dated 2 March 2001, Release of parts of a State
forest which are no longer required for forestry, made in
terms of section 50(4) of the National Forests Act, 1998 (Act
No 84 of 1998).
(e) Government Notice No 245 published in Government Gazette
No 22145 dated 23 March 2001, Transformation of the Hoops
River Irrigation Board, Division of Robertson, Province of the
Western Cape, into the Hoops River Water User Association,
Water Management Area Number 18, Province of the Western Cape,
made in terms of section 98(6) of the National Water Act, 1998
(Act No 36 of 1998).
(f) Government Notice No 334 published in Government Gazette
No 22201 dated 6 April 2001, Notice of extension of time for
registration of water uses in terms of the National Water Act,
1998 (Act No 36 of 1998).
(g) Government Notice No 369 published in Government Gazette
No 22255 dated 4 May 2001, Transformation of the Noord-Oranje
and Garrip Irrigation Boards and the Karos-Geelkoppan Water
Board into the Boegoeberg Water User Association, Districts
Gordonia, Hay, Kenhardt and Prieska, Province of the Northern
Cape, Water Management Area Number 14, made in terms of
section 98(6) of the National Water Act, 1998 (Act No 36 of
1998).
(h) Government Notice No 370 published in Government Gazette
22255 dated 4 May 2001, Release of parts of a State forest
which are no longer required for forestry, made in terms of
section 50(4) of the National Forests Act, 1998 (Act No 84 of
1998).
(i) Government Notice No 419 published in Government Gazette
No 22281 dated 18 May 2001, Transformation of the Konings
River Irrigation Board, Division of Robertson, Province of the
Western Cape, into the Konings Water User Association, Water
Management Area Number 18, Province of the Western Cape, made
in terms of section 98(6) of the National Water Act, 1998 (Act
No 36 of 1998).
(j) Government Notice No 420 published in Government Gazette
No 22281 dated 18 May 2001, Transformation of the Klaasvoogds
Irrigation Board, Division of Robertson, Province of the
Western Cape, into the Klaasvoogds Water User Association,
Water Management Area Number 18, Province of the Western Cape,
made in terms of section 98(6) of the National Water Act, 1998
(Act No 36 of 1998).
(k) Government Notice No 421 published in Government Gazette
No 22281 dated 18 May 2001, Establishment of the Vaalharts
Water User Association, districts of Hartswater, Warrenton and
Barkly West in the Northern Cape Province as well as the
districts of Christiana and Taung in the North West Province,
Water Management Area Number 10, made in terms of section
92(1) of the National Water Act, 1998 (Act No 36 of 1998).
(l) Government Notice No 432 published in Government Gazette
No 22305 dated 25 May 2001, Prohibition on the making of fires
in the open air, the destruction by burning of slash and
clearing or maintenance of fire belts by burning and the
execution of block-burns: Districts of (A) Ermelo, Eerstehoek,
Carolina and Waterval-Bakoven; (B) Piet Retief and
Wakkerstroom, made in terms of sections 25(1), (2) and (3) of
the Forest Act, 1984 (Act No 122 of 1984).
(m) Government Notice No 433 published in Government Gazette
No 22305 dated 25 May 2001, Prohibition on the making of fires
in the open air, the destruction by burning of slash and
clearing or maintenance of fire belts by burning and the
execution of block-burns: Soutpansberg areas, made in terms of
sections 25(1), (2) and (3) of the Forest Act, 1984 (Act No
122 of 1984).
(n) Government Notice No 434 published in Government Gazette
No 22305 dated 25 May 2001, Prohibition on the making of fires
in the open air, the destruction by burning of slash and
clearing or maintenance of fire belts by burning and the
execution of block-burns: Districts of Nelspruit, White River,
Pilgrim's Rest Lydenburg, Belfast, Waterval-Boven, Carolina
and Barberton, made in terms of sections 25(1), (2) and (3) of
the Forest Act, 1984 (Act No 122 of 1984).
(o) Government Notice No 468 published in Government Gazette
No 22321 dated 1 June 2001, Prohibition on the making of fires
in the open air, the destruction by burning of slash and
clearing or maintenance of fire belts by burning and the
execution of block-burns, the facilitation of harvesting sugar
cane by burning for ecologically necessary purposes on high
risk days: KwaZulu-Natal: 2001, made in terms of sections
25(1), (2) and (3) of the Forest Act, 1984 (Act No 122 of
1984).
(p) Government Notice No 516 published in Government Gazette
No 22357 dated 15 June 2001, Establishment of the Kakamas
Water User Association, Districts Kenhardt and Gordonia,
Province of the Northern Cape, Water Management Area Number
14, made in terms of section 92(1) of the National Water Act,
1998 (Act No 36 of 1998).
(q) Government Notice No 539 published in Government Gazette
No 22357 dated 15 June 2001, Correction Notice to the Notice
of extension of time for registration of water uses in terms
of the National Water Act, 1998 (Act No 36 of 1998).
(r) Government Notice No 540 published in Government Gazette
No 22357 dated 15 June 2001, Invitation to submit written
comments on proposed general authorisation in terms of section
39 of the National Water Act, 1998 (Act No 36 of 1998).
(s) Government Notice No 410 published in Government Gazette
No 22065 dated 16 February 2001, Publication of Explanatory
Memorandum of the National Forest and Fire Laws Amendment
Bill, 2000.
TABLINGS: National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
(1) The Financial and Fiscal Commission's Submission on Remuneration
of Municipal Councillors, July 2001.
(2) The Financial and Fiscal Commission's Submission on Division of
Municipal Powers and Functions between District and Local
Municipalities, July 2001.
- The Minister of Health:
Report and Financial Statements of the Department of Health for 2000-
2001, including the Report of the Auditor-General on the Financial
Statements of Vote No 13 - Health for 2000-2001 [RP 123-2001].
WEDNESDAY, 29 AUGUST 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Minister of Home Affairs on 20 August 2001 submitted a draft
of the Births and Deaths Registration Amendment Bill, 2001, as
well as the memorandum explaining the objects of the proposed
legislation, to the Speaker and the Chairperson in terms of Joint
Rule 159. The draft has been referred to the Portfolio Committee
on Home Affairs and the Select Committee on Social Services by the
Speaker and the Chairperson, respectively, in accordance with
Joint Rule 159(2).
(2) The Minister of Defence on 20 August 2001 submitted a draft of
the Defence Bill, 2001, as well as the memorandum explaining the
objects of the proposed legislation, to the Speaker and the
Chairperson in terms of Joint Rule 159. The draft has been
referred to the Portfolio Committee on Defence and the Select
Committee on Security and Constitutional Affairs by the Speaker
and the Chairperson, respectively, in accordance with Joint Rule
159(2).
(3) The Minister of Labour on 27 August 2001 submitted drafts of the
Labour Relations Amendment Bill, 2001, and the Basic Conditions of
Employment Amendment Bill, 2001 as well as the memorandums
explaining the objects of the proposed legislation, to the Speaker
and the Chairperson in terms of Joint Rule 159. The drafts have
been referred to the Portfolio Committee on Labour and the Select
Committee on Labour and Public Enterprises by the Speaker and the
Chairperson, respectively, in accordance with Joint Rule 159(2).
(4) The Joint Tagging Mechanism (JTM) on 28 August 2001 in terms of
Joint Rule 160(3), classified the following Bills as section 75
Bills:
(i) Pension Funds Second Amendment Bill [B 41 - 2001]
(National Assembly - sec 75).
(ii) International Criminal Court Bill [B 42 - 2001] (National
Assembly - sec 75).
(iii) Judicial Matters Amendment Bill [B 43 - 2001] (National
Assembly - sec 75).
(iv) Interim Rationalisation of Jurisdiction of High Courts
Bill [B 44 - 2001] (National Assembly - sec 75).
(v) Criminal Procedure Second Amendment Bill [B 45 -
2001] (National Assembly - sec 75).
(vi) Africa Institute of South Africa Bill [B 47 - 2001]
(National Assembly - sec 75).
(vii) KwaZulu Cane Growers' Associaton Act Repeal Bill [B 48 -
2001] (National Assembly - sec 75).
(5) The following Bill was introduced by the Minister of Finance in
the National Assembly on 29 August 2001 and referred to the Joint
Tagging Mechanism (JTM) for classification in terms of Joint Rule
160:
(i) Financial Advisory and Intermediary Services Bill [B 52 -
2001] (National Assembly - sec 75) [Bill and prior notice of
its introduction published in Government Gazette No 22215 of
10 May 2001.]
The Bill has also been referred to the Portfolio Committee on
Finance of the National Assembly.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
(6) The following Bill was introduced by the Minister of Home
Affairs in the National Assembly on 29 August 2001 and referred to
the Joint Tagging Mechanism (JTM) for classification in terms of
Joint Rule 160:
(i) Births and Deaths Registration Amendment Bill [B 53 -
2001] (National Assembly - sec 75) [Explanatory summary of
Bill and prior notice of its introduction published in
Government Gazette No 22552 of 3 August 2001.]
The Bill has also been referred to the Portfolio Committee on Home
Affairs of the National Assembly.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
(7) The following Bill was introduced by the Minister for
Agriculture and Land Affairs in the National Assembly on 29 August
2001 and referred to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160:
(i) Agricultural Debt Management Bill [B 54 - 2001] (National
Assembly - sec 75) [Explanatory summary of Bill and prior
notice of its introduction published in Government Gazette No
22546 of 10 August 2001.]
The Bill has also been referred to the Portfolio Committee on
Agriculture and Land Affairs of the National Assembly.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
(1) Report of the Auditor-General on the Financial Statements of
Vote No 17 - Housing for 1999-2000 [RP 126-2000].
(2) Report of the Auditor-General on the Financial Statements of the
South African Maritime Safety Authority for 1999-2000 [RP 15-
2001].
(3) Report of the Auditor-General on the Financial Statements of the
Economic Co-operations Promotion Loans Fund for 1999-2000 [RP 33-
2001].
- The Minister of Transport:
Report and Financial Statements of the Regulating Committee for the
Airports Company South Africa and the Air Traffic Navigation Services
Company for 2000-2001.
COMMITTEE REPORTS:
National Assembly:
-
Report of the Portfolio Committee on Trade and Industry on the Counterfeit Goods Amendment Bill [B 27 - 2001] (National Assembly - sec 75), dated 28 August 2001:
The Portfolio Committee on Trade and Industry, having considered the subject of the Counterfeit Goods Amendment Bill [B 27 - 2001] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill without amendment.
-
Report of the Portfolio Committee on Trade and Industry on the Trade Practices Amendment Bill [B 34 - 2001] (National Assembly - sec 75), dated 28 August 2001:
The Portfolio Committee on Trade and Industry, having considered the subject of the Trade Practices Amendment Bill [B 34 - 2001] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill without amendment.
-
Report of the Portfolio Committee on Trade and Industry on the Industrial Development Amendment Bill [B 32 - 2001] (National Assembly - sec 76), dated 28 August 2001:
The Portfolio Committee on Trade and Industry, having considered the subject of the Industrial Development Amendment Bill [B 32 - 2001] (National Assembly - sec 76), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill with amendments [B 32A - 2001].
THURSDAY, 30 AUGUST 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The following Bills were introduced by the Select Committee on
Education and Recreation at the request of the Minister of
Education in the National Council of Provinces on 30 August 2001
and referred to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160:
(i) Education Laws Amendment Bill [B 55 - 2001] (National
Council of Provinces - sec 76) [Explanatory summary of Bill
and prior notice of its introduction published in
Government Gazette No 22440 of 2 July 2001.]
(ii) General and Further Education and Training Quality
Assurance Bill [B 57 - 2001] (National Council of Provinces
- sec 76) [Explanatory summary of Bill and prior notice of
its introduction published in Government Gazette No 22440
of 2 July 2001.]
The Bills have also been referred to the Select Committee on
Education and Recreation of the National Council of Provinces.
In terms of Joint Rule 154 written views on the classification of
the Bills may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
(2) The following Bill was introduced by the Select Committee on
Social Services at the request of the Minister of Health in the
National Council of Provinces on 30 August 2001 and referred to
the Joint Tagging Mechanism (JTM) for classification in terms of
Joint Rule 160:
(i) National Health Laboratory Service Amendment Bill [B 56 -
2001] (National Council of Provinces - sec 76) [Explanatory
summary of Bill and prior notice of its introduction published
in Government Gazette No 22293 of 14 May 2001.]
The Bill has also been referred to the Select Committee on Social
Services of the National Council of Provinces.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
TABLINGS:
National Assembly and National Council of Provinces:
Bills:
- The Minister of Minerals and Energy:
(1) Umthethosivivinywa Wegesi [B 18 - 2001].
The Gas Bill [B 18 - 2001] (National Assembly - sec 75) was
introduced in the National Assembly on 24 April 2001 and referred
to the Portfolio Committee on Minerals and Energy.
Papers:
- The Speaker and the Chairperson:
(1) Report of the Auditor-General on the Financial Statements of
Vote 27 - Public Works for 1999-2000 [RP 136-2000].
(2) Report of the Auditor-General on the Financial Statements of the
Disaster Relief Fund for 1997-98, 1998-99 and 1999-2000 [RP 56-
2001].
(3) Report of the Auditor-General on the Financial Statements of the
South African Diamond Board for 1999-2000 [RP 77-2001].
(4) Report of the Auditor-General on the Financial Statements of the
Reinsurance Fund for Export Credit and Foreign Investments for
1999-2000 [RP 80-2001].
- The Minister of Labour:
Report and Financial Statements of the Department of Labour for 2000-
2001, including the Report of the Auditor-General on the Financial
Statements of Vote 19 - Labour for 2000-2001 [RP 130-2001].
FRIDAY, 31 AUGUST 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Minister for Provincial and Local Government on 24 August
2001 submitted a draft of the Repeal of Volkstaat Council
Provisions Bill, 2001, as well as the memorandum explaining the
objects of the proposed legislation, to the Speaker and the
Chairperson in terms of Joint Rule 159. The draft has been
referred to the Portfolio Committee on Provincial and Local
Government and the Select Committee on Local Government and
Administration by the Speaker and the Chairperson, respectively,
in accordance with Joint Rule 159(2).
(2) The following Bills were introduced by the Minister for
Provincial and Local Government in the National Assembly on 31
August 2001 and referred to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160:
(i) Disaster Management Bill [B 58 - 2001] (National Assembly
- sec 76) [Explanatory summary of Bill and prior notice of
its introduction published in Government Gazette No 22560 of
17 August 2001.]
(ii) Repeal of Volkstaat Council Provisions Bill [B 59 - 2001]
(National Assembly - sec 75) [Explanatory summary of Bill
and prior notice of its introduction published in Government
Gazette No 22570 of 16 August 2001.]
The Bills have also been referred to the Portfolio Committee on
Provincial and Local Government of the National Assembly.
In terms of Joint Rule 154 written views on the classification of
the Bills may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
TABLINGS:
National Assembly and National Council of Provinces: Papers:
- The Speaker and the Chairperson:
(1) Annual Report: Parliament of the Republic of South Africa for
2000-2001, including Financial Statements and the Report of the
Auditor-General.
(2) Report of the Auditor-General on the Financial Statements of the
Independent Broadcasting Authority for 1 April to 30 June 2000 [RP
81-2001].
(3) Report of the Auditor-General on the Financial Statements of the
State Library for 1998-99 [RP 85-2001].
(4) Report of the Auditor-General on the Financial Statements of the
State Library for the period ended 31 October 1999 [RP 84-2001].
(5) Report of the Auditor-General on the Financial Statements of the
Agricultural Research Council for 1999-2000 [RP 98-2001].
MONDAY, 3 SEPTEMBER 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Minister of Finance submitted the Wetsontwerp op die
Finansiële Intelligensiesentrum [W 1 - 2001] (National Assembly -
sec 75) to the Speaker and the Chairperson on 3 September 2001.
The Financial Intelligence Centre Bill [B 1 - 2001] (National
Assembly - sec 75) was introduced in the National Asssembly by the
Minister on 8 January 2001.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Education:
(1) Report and Financial Statements of the South African
Qualifications Authority for 2000-2001, including the Report of
the Auditor-General for 2000-2001.
(2) Report and Financial Statements of the South African
Certification Council for 2000-2001.
- The Minister of Finance:
(1) Report and Financial Statements of the Financial Services Board
for 2000-2001, including the Report of the Auditor-General on the
Financial Statements for 2000-2001.
(2) Report of the South African Reserve Bank - Bank Supervision
Department for 2000 [RP 26-2001].
(3) Financial Statements of the Corporation for Public Deposits for
2000-2001.
- The Minister for the Public Service and Administration:
Report and Financial Statements of the State Information Technology
Agency for 1999-2000, including the Report of the Auditor-General on
the Financial Statements for 1999-2000.
TUESDAY, 4 SEPTEMBER 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The following Bill was introduced by the Minister of Defence in
the National Assembly on 4 September 2001 and referred to the
Joint Tagging Mechanism (JTM) for classification in terms of Joint
Rule 160:
(i) Defence Bill [B 60 - 2001] (National Assembly - sec 75)
[Explanatory summary of Bill and prior notice of its
introduction published in Government Gazette No 22543 of 1
August 2001.]
The Bill has also been referred to the Portfolio Committee on
Defence of the National Assembly.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
(2) The following Bill was introduced by the Minister of Education
in the National Assembly on 4 September 2001 and referred to the
Joint Tagging Mechanism (JTM) for classification in terms of Joint
Rule 160:
(i) Higher Education Amendment Bill [B 61 - 2001] (National
Assembly - sec 75) [Explanatory summary of Bill and prior
notice of its introduction published in Government Gazette No
22440 of 2 July 2001.]
The Bill has also been referred to the Portfolio Committee on
Education of the National Assembly.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
(3) The following Bill was introduced by the Minister for Provincial
and Local Government in the National Assembly on 4 September 2001
and referred to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160:
(i) Commission for the Promotion and Protection of the Rights
of Cultural, Religious and Linguistic Communities Bill [B 62 -
2001] (National Assembly - sec 75) [Explanatory summary of
Bill and prior notice of its introduction published in
Government Gazette No 22573 of 17 August 2001.]
The Bill has also been referred to the Portfolio Committee on
Provincial and Local Government of the National Assembly.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
(4) The following Bill was introduced by the Minister of
Communications in the National Assembly on 4 September 2001 and
referred to the Joint Tagging Mechanism (JTM) for classification
in terms of Joint Rule 160:
(i) Postal Services Amendment Bill [B 63 - 2001] (National
Assembly - sec 75) [Explanatory summary of Bill and prior
notice of its introduction published in Government Gazette No
22641 of 31 August 2001.]
The Bill has also been referred to the Portfolio Committee on
Communications of the National Assembly.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
(1) Report of the Auditor-General on the Annual Financial Statements
of CEF (Pty) Ltd and the following subsidiaries in the CEF Group
of Companies: Mosshold (Pty) Ltd - Group Annual Financial
Statements; Soekor (Pty) Ltd - Group Annual Financial Statements;
SFF Association - Group Annual Financial Statements; Cotec
Development (Pty) Ltd; Cotec Patrade (Pty) Ltd and the
Equalisation Fund for 1998-99 [RP 71-2001].
(2) Report of the Auditor-General on the Annual Financial Statements
of CEF (Pty) Ltd and the following subsidiaries in the CEF Group
of Companies: Mosshold (Pty) Ltd - Group Annual Financial
Statements; Soekor (Pty) Ltd - Group Annual Financial Statements;
SFF Association - Group Annual Financial Statements; Cotec
Development (Pty) Ltd; Cotec Patrade (Pty) Ltd; South African
Agency for Promotion of Petroleum Exploration and Exploitation
(Pty) Ltd (Petroleum Agency SA) and the Equalisation Fund for 1999-
2000 [RP 72-2001].
- The Minister of Communications:
Report and Financial Statements of the South African Broadcasting
Corporation for 2000-2001.
COMMITTEE REPORTS:
National Assembly:
-
Report of the Portfolio Committee on Agriculture and Land Affairs on the Marketing of Agricultural Products Amendment Bill [B 26 - 2001] (National Assembly - sec 76), dated 31 August 2001: The Portfolio Committee on Agriculture and Land Affairs, having considered the subject of the Marketing of Agricultural Products Amendment Bill [B 26 - 2001] (National Assembly - sec 76), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill (introduced as a section 75 Bill), reports the Bill with amendments [B 26A - 2001].
WEDNESDAY, 5 SEPTEMBER 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The following Bill was introduced by the Select Committee on
Land and Environmental Affairs at the request of the Minister for
Agriculture and Land Affairs in the National Council of Provinces
on 5 September 2001 and referred to the Joint Tagging Mechanism
(JTM) for classification in terms of Joint Rule 160:
(i) Animal Health Bill [B 64 - 2001] (National Council of
Provinces - sec 76) [Explanatory summary of Bill and prior
notice of its introduction published in Government Gazette No
22546 of 10 August 2001.]
The Bill has also been referred to the Select Committee on Land
and Environmental Affairs of the National Council of Provinces.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
(2) The Minister of Home Affairs submitted the Wysigingswetsontwerp op die Registrasie van Geboortes en Sterftes [W 53 - 2001] (National Assembly - sec 75) to the Speaker and the Chairperson on 5 September 2001. The Births and Deaths Registration Amendment Bill [B 53 - 2001] (National Assembly - sec 75) was introduced in the National Assembly by the Minister on 29 August 2001.
National Assembly:
- The Speaker:
Mr A J Feinstein vacated his seat in the National Assembly with effect
from 31 August 2001.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson: (1) Report of the Auditor-General on the Financial Statements of Vote 20 - Justice for 1999-2000 [RP 129-2000].
(2) Report of the Auditor-General on Financial Management at
Provincial Administrations [RP 86-2001].
THURSDAY, 6 SEPTEMBER 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Minister of Health on 31 August 2001 submitted a draft of
the Medical Schemes Amendment Bill, 2001, as well as the
memorandum explaining the objects of the proposed legislation, to
the Speaker and the Chairperson in terms of Joint Rule 159. The
draft has been referred to the Portfolio Committee on Health and
the Select Committee on Social Services by the Speaker and the
Chairperson, respectively, in accordance with Joint Rule 159(2).
(2) The Minister of Communications on 31 August 2001 submitted a
draft of the Telecommunications Amendment Bill, 2001, as well as
the memorandum explaining the objects of the proposed legislation,
to the Speaker and the Chairperson in terms of Joint Rule 159. The
draft has been referred to the Portfolio Committee on
Communications and the Select Committee on Labour and Public
Enterprises by the Speaker and the Chairperson, respectively, in
accordance with Joint Rule 159(2).
(3) The following Bill was introduced by the Minister of
Communications in the National Assembly on 6 September 2001 and
referred to the Joint Tagging Mechanism (JTM) for classification
in terms of Joint Rule 160:
(i) Telecommunications Amendment Bill [B 65 - 2001] (National
Assembly - sec 75) [Explanatory summary of Bill and prior
notice of its introduction published in Government Gazette No
22630 of 29 August 2001.]
The Bill has also been referred to the Portfolio Committee on
Communications of the National Assembly.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
(4) The following Bill was introduced by the Minister for
Agriculture and Land Affairs in the National Assembly on 6
September 2001 and referred to the Joint Tagging Mechanism (JTM)
for classification in terms of Joint Rule 160:
(i) Veterinary and Para-Veterinary Professions Amendment Bill
[B 66 - 2001] (National Assembly - sec 75) [Explanatory
summary of Bill and prior notice of its introduction published
in Government Gazette No 22546 of 10 August 2001.]
The Bill has also been referred to the Portfolio Committee on
Agriculture and Land Affairs of the National Assembly.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
(1) Report of the Auditor-General on the Financial Statements of
Vote 37 - Presidency for the period 1 June 1999 to 31 March 2000
and of the National Youth Commission for the period 1 June 1999 to
29 February 2000 [RP 155-2000].
(2) Report of the Auditor-General on the Secret Services Account,
the Related Departments Accounts and the Security Services Special
Account for 1999-2000 [RP 196-2000].
(3) Report of the Auditor-General on the Financial Statements of the
Special Defence Account (SDA) for 1999-2000 [RP 73-2001].
- The Minister of Labour:
(1) Report and Financial Statements of the Commission for
Conciliation, Mediation and Arbitration for 2000-2001, including
the Report of the Auditor-General on the Financial Statements for
2000-2001 [RP 113-2001].
(2) Report and Financial Statements of the National Productivity
Institute for 2000-2001.
COMMITTEE REPORTS:
National Assembly:
-
Report of the Portfolio Committee on Finance on the Pension Funds Amendment Bill [B 22 - 2001] (National Assembly - sec 75), dated 5 September 2001:
The Portfolio Committee on Finance, having considered the subject of the Pension Funds Amendment Bill [B 22 - 2001] (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 22A - 2001].
-
Report of the Portfolio Committee on Finance on the Financial Institutions (Protection of Funds) Bill [B 23 - 2001] (National Assembly - sec 75), dated 5 September 2001:
The Portfolio Committee on Finance, having considered the subject of the Financial Institutions (Protection of Funds) Bill [B 23 - 2001] (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 23A - 2001].
MONDAY, 10 SEPTEMBER 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Minister for Justice and Constitutional Development on 7
September 2001 submitted a draft of the Judicial Officers'
Amendment Bill, 2001, as well as the memorandum explaining the
objects of the proposed legislation, to the Speaker and the
Chairperson in terms of Joint Rule 159. The draft has been
referred to the Portfolio Committee on Justice and Constitutional
Development and the Select Committee on Security and
Constitutional Affairs by the Speaker and the Chairperson,
respectively, in accordance with Joint Rule 159(2).
(2) The Minister of Trade and Industry submitted the
Wysigingswetsontwerp op Beslote Korporasies [W 31 - 2001]
(Nasionale Vergadering - art 75) to the Speaker and the
Chairperson on 7 September 2001. The Close Corporations Amendment
Bill [B 31 - 2001] (National Assembly - sec 75) was introduced in
the National Assembly by the Minister on 8 June 2001.
(3) The Minister for Agriculture and Land Affairs submitted the
Wysigingswetsontwerp op Landbounavorsing [W 25 - 2001] (Nasionale
Vergadering - art 75) to the Speaker and the Chairperson on 10
September 2001. The Agricultural Research Amendment Bill [B 25 -
2001] (National Assembly - sec 75) was introduced in the National
Assembly by the Minister on 21 May 2001.
(4) The Minister for Agriculture and Land Affairs submitted the
Wysigingswetsontwerp op Bemarking van Landbouprodukte [W 26 -
2001] (Nasionale Vergadering - art 75) to the Speaker and the
Chairperson on 10 September 2001. The Marketing of Agricultural
Products Amendment Bill [B 26 - 2001] (National Assembly - sec 75)
was introduced in the National Assembly by the Minister on 21 May
2001.
NOTE:
After the introduction of the Bill it was reclassified by the JTM
as a section 76 Bill (see Announcements, Tablings and Committee
Reports, p 611).
(5) The Minister of Trade and Industry submitted the
Maatskappywysigingswetsontwerp [W 35 - 2001] (Nasionale
Vergadering - art 75) to the Speaker and the Chairperson on 10
September 2001. The Companies Amendment Bill [B 35 - 2001]
(National Assembly - sec 75) was introduced in the National
Assembly by the Minister on 19 June 2001.
(6) Assent by the President of the Republic in respect of the
following Bills:
(a) Division of Revenue Bill [B 11D - 2001] - Act No 1 of 2001
(assented to and signed by President on 30 March 2001);
(b) Patents Amendment Bill [B 24 - 2001] - Act No 10 of 2001
(assented to and signed by President on 13 July 2001);
(c) National Forest and Fire Laws Amendment Bill [B 14B -
2001] - Act No 12 of 2001 (assented to and signed by
President on 13 July 2001);
(d) Airports Company Amendment Bill [B 20 - 2001] - Act No 14
of 2001 (assented to and signed by President on 13 July
2001);
(e) Road Accident Fund Amendment Bill [B 21 - 2001] - Act No
15 of 2001 (assented to and signed by President on 13
July 2001);
(f) Supreme Court Decree, 1990 (Ciskei) Amendment Bill [B 15 -
2001] - Act No 16 of 2001 (assented to and signed by
President on 13 July 2001);
(g) Criminal Procedure Amendment Bill [B 37 - 2001] - Act No
17 of 2001 (assented to and signed by President on 13
July 2001);
(h) Appropriation Bill [B 10 - 2001] - Act No 18 of 2001
(assented to and signed by President on 13 July 2001);
and
(i) Administration of Estates Laws Interim Rationalisation
Bill [B 24B - 2000] - Act No 20 of 2001 (assented to and
signed by President on 13 July 2001).
(7) The following Bill was introduced by the Minister of Arts,
Culture, Science and Technology in the National Assembly on 10
September 2001 and referred to the Joint Tagging Mechanism (JTM)
for classification in terms of Joint Rule 160:
(i) Academy of Science of South Africa Bill [B 67 - 2001]
(National Assembly - sec 75) [Explanatory summary of Bill and
prior notice of its introduction published in Government
Gazette No 22367 of 8 June 2001.]
The Bill has also been referred to the Portfolio Committee on
Arts, Culture, Science and Technology of the National Assembly.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
National Assembly:
- The Speaker:
The vacancy which occurred owing to Mr A J Feinstein vacating his seat,
has been filled with effect from 4 September 2001 by the nomination of
Mr D M Dlali.
TUESDAY, 11 SEPTEMBER 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) Assent by the President of the Republic in respect of the
following Bills:
(i) Revenue Laws Amendment Bill [B 36 - 2001] - Act No 19 of
2001 (assented to and signed by President on 26 July 2001).
National Assembly:
- The Speaker:
Bill passed by National Assembly on 11 September 2001: To be submitted
to President of the Republic for assent:
(i) Consumer Affairs (Unfair Business Practices) Amendment Bill [B
28B - 2001] (National Council of Provinces - sec 76).
- The Speaker:
The following papers have been tabled and are now referred to the
relevant committees as mentioned below:
(1) The following papers are referred to the Portfolio Committee on
Labour. The Reports of the Auditor-General contained in the
following papers are referred to the Standing Committee on Public
Accounts for consideration and report:
(a) Report and Financial Statements of the Commission for
Conciliation, Mediation and Arbitration for 1999-2000,
including the Report of the Auditor-General on the Financial
Statements for 1999-2000.
(b) Report and Financial Statements of the Commission for
Conciliation, Mediation and Arbitration for 2000-2001,
including the Report of the Auditor-General on the Financial
Statements for 2000-2001 [RP 113-2001].
(2) The following papers are referred to the Portfolio Committee on
Transport:
(a) Report and Financial Statements of the Air Traffic and
Navigation Services Company Limited for 2000-2001.
(b) Report and Financial Statements of the Airports Company
South Africa Limited for 2000-2001.
(3) The following papers are referred to the Portfolio Committee on
Transport. The Reports of the Auditor-General contained in the
following papers are referred to the Standing Committee on Public
Accounts for consideration and report:
(a) Report and Financial Statements of the South African
Maritime Safety Authority for 1998-99, including the Report of
the Auditor-General on the Financial Statements of the
Maritime Safety Authority (incorporating the Maritime Fund)
for 1998-99.
(b) The Report and Financial Statements of the South African
Roads Agency Limited for 1999-2000, including the Report of
the Auditor-General on the Financial Statements for 1999-2000.
(4) The following papers are referred to the Portfolio Committee on
Health:
(a) Government Notice No R.491 published in the Government
Gazette No 22340 dated 8 June 2001, Correction Notice to the
Regulations governing microbiological standards for foodstuffs
and related matters, made in terms of the Foodstuffs,
Cosmetics and Disinfectants Act, 1972 (Act No 54 of 1972).
(b) Government Notice No R.490 published in the Government
Gazette No 22340 dated 8 June 2001, Amendment of Regulations
governing microbiological standards for foodstuffs and related
matters, made in terms of section 15 (1) of the Foodstuffs,
Cosmetics and Disinfectants Act, 1972 (Act No 54 of 1972).
(c) Government Notice No R.488 published in the Government
Gazette No 22340 dated 8 June 2001, Correction Notice to
Regulations relating to dairy and milk products, made in terms
of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act
No 54 of 1972).
(d) Government Notice No R.492 published in the Government
Gazette No 22340 dated 8 June 2001, Repealing Regulations
relating to articles imported in transit and addressed to or
intended for transmission to Transkei, made in terms of
section 15(1) of the Foodstuffs, Cosmetics and Disinfectants
Act, 1972 (Act No 54 of 1972).
(e) Government Notice No R.493 published in the Government
Gazette No 22340 dated 8 June 2001, Repealing Regulations
relating to articles imported in transit and addressed to or
intended for transmission to Bophuthatswana, made in terms of
section 15(1) of the Foodstuffs, Cosmetics and Disinfectants
Act, 1972 (Act No 54 of 1972).
(f) Government Notice No R.506 published in the Government
Gazette No 22340 dated 8 June 2001, Repealing Regulations
relating to articles imported in transit and addressed to or
intended for transmission to Ciskei, made in terms of section
15(1) of the Foodstuffs, Cosmetics and Disinfectants Act, 1972
(Act No 54 of 1972).
(g) Government Notice No R.507 published in the Government
Gazette No 22340 dated 8 June 2001, Repealing Regulations
relating to articles imported in transit and addressed to or
intended for transmission to Venda, made in terms of section
15(1) of the Foodstuffs, Cosmetics and Disinfectants Act, 1972
(Act No 54 of 1972).
(h) Government Notice No R.494 published in the Government
Gazette No 22351 dated 8 June 2001, Amendment to Regulations
governing the maximum limits for pesticides residues that may
be present in the foodstuffs, made in terms of section 15(1)
of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act
No 54 of 1972).
(i) Government Notice No R.495 published in the Government
Gazette No 22351 dated 8 June 2001, Regulations relating to
impairment of students and practitioners, made in terms of
section 51, read with section 61(1), of the Health Professions
Act, 1974 (Act No 56 of 1974).
(j) Government Notice No 552 published in the Government
Gazette No 22390 dated 22 June 2001, Regulations relating to
fees payable to the Health Professions Council of South
Africa, made in terms of section 61(1), read with section
61(4), of the Health Professions Act, 1974 (Act No 56 of
1974).
(k) Government Notice No 553 published in the Government
Gazette No 22390 dated 22 June 2001, Regulations relating to
the registration of registered counsellors, made in terms of
sections 24 and 25, read with section 61(a)(iv) of the Health
Professions Act, 1974 (Act No 56 of 1974).
(l) Government Notice No 554 published in the Government
Gazette No 22390 dated 22 June 2001, Regulations relating to
the qualifications which entitle psychologists to
registration, made in terms of section 24(1) of the Health
Professions Act, 1974 (Act No 56 of 1974).
(m) Government Notice No R.588 published in the Government
Gazette No 22420 dated 29 June 2001, Regulations relating to
the registration of psychometrists, made in terms of section
24, read with section 61(a)(iv) of the Health Professions Act,
1974 (Act No 56 of 1974).
(n) Government Notice No R.589 published in the Government
Gazette No 22420 dated 29 June 2001, Amendment to Regulations
relating to performance of community service by persons
registering in terms of the Health Professions Act, 1974, made
in terms of section 24A of the Health Professions Act, 1974
(Act No 56 of 1974).
(o) Government Notice No R.590 published in the Government
Gazette No 22420 dated 29 June 2001, Regulations relating to
the specialities in medicine and dentistry, made in terms of
section 35, read together with section 61(1)(f) of the Health
Professions Act, 1974 (Act No 56 of 1974).
(p) Government Notice No R.656 published in the Government
Gazette No 22469 dated 20 July 2001, Regulations relating to
qualifications for registration of arts therapists and
registration of persons qualified outside the Republic, made
in terms of section 61(1), read with sections 24 and 25 of the
Health Professions Act, 1974 (Act No 56 of 1974).
(q) Government Notice No 480 published in the Government
Gazette No 22235 dated 1 June 2001, General Regulations
relating to the Medicine and Related Substances Control Act,
1965 (Act No 101 of 1965).
(r) Government Notice No 1475 published in the Government
Gazette No 22377 dated 15 June 2001, Substances and medicines
containing active substance or substances not taken up in any
of the other Schedules, made in terms of section 22A of the
Medicine and Related Substances Control Act, 1965 (Act No 101
of 1965).
(s) Government Notice No R.395 published in the Government
Gazette No 22284 dated 18 May 2001, List of approved
facilities for the purposes of performing community service by
pharmacists in the year 2002, made in terms of the Pharmacy
Act, 1974 (Act No 53 of 1974).
(t) Government Notice No R.496 published in the Government
Gazette No 22351 dated 8 June 2001, Regulations relating to
the conduct of inquiries held in terms of Chapter V of the
Pharmacy Act, 1974, made in terms of section 49(1) of the
Pharmacy Act, 1974 (Act No 53 of 1974).
(u) Government Notice No 414 published in the Government
Gazette No 22293 dated 14 May 2001, Publication of the
Explanatory Memorandum of the summary of the National
Laboratory Service Amendment Bill, 2001.
(v) Government Notice No 1407 published in the Government
Gazette No 22235 dated 1 June 2001, Publication of the Medical
Schemes Amendment Bill, 2001 for comment.
(w) Government Notice 1438 published in the Government Gazette
No 22369 dated 8 June 2001, Publication of the Medical Schemes
Amendment Bill, 2001 for comment.
(5) The following papers are referred to the Portfolio Committee on
Labour:
(a) Report and Financial Statements of the National Economic
Development and Labour Council for 2000-2001.
(b) Report and Financial Statements of the National
Productivity Institute for 2000-2001.
(6) The following paper is referred to the Portfolio Committee on
Agriculture and Land Affairs:
Report and Financial Statements of Ncera Farms (Pty) Limited for
2000-2001.
(7) The following papers are referred to the Portfolio Committee on
Provincial and Local Government:
(a) The Financial and Fiscal Commission's Submission on
Remuneration of Municipal Councillors, July 2001.
(b) The Financial and Fiscal Commission's Submission on
Division of Municipal Powers and Functions between District
and Local Municipalities, July 2001.
(8) The following paper is referred to the Portfolio Committee on
Health. The Report of the Auditor-General contained in the
following paper is referred to the Standing Committee on Public
Accounts for consideration and report:
Report and Financial Statements of the Department of Health for
2000-2001, including the Report of the Auditor-General on the
Financial Statements of Vote 13 - Health for 2000-2001 [RP 123-
2001].
(9) The following paper is referred to the Portfolio Committee on
Public Service and Administration. The Report of the Auditor-
General contained in the following paper is referred to the
Standing Committee on Public Accounts for consideration and
report:
Report and Financial Statements of the State Information
Technology Agency for 1999-2000, including the Report of the
Auditor-General on the Financial Statements for 1999-2000.
(10)The following paper is referred to the Portfolio Committee on
Finance. The Report of the Auditor-General contained in the
following paper is referred to the Standing Committee on Public
Accounts for consideration and report:
Report and Financial Statements of the Financial Services Board
for 2000-2001, including the Report of the Auditor-General on the
Financial Statements for 2000-2001.
(11)The following papers are referred to the Portfolio Committee on
Finance:
(a) Report of the South African Reserve Bank - Bank
Supervision Department for 2000 [RP 26-2001].
(b) Financial Statements of the Corporation for Public
Deposits for 2000-2001.
(12)The following paper is referred to the Portfolio Committee on
Education. The Report of the Auditor-General contained in the
following paper is referred to the Standing Committee on Public
Accounts for consideration and report:
Report and Financial Statements of the South African
Qualifications Authority for 2000-2001, including the Report of
the Auditor-General on the Financial Statements for 2000-2001.
(13)The following paper is referred to the Portfolio Committee on
Education:
Report and Financial Statements of the South African Certification
Council for 2000-2001.
(14)The following paper is referred to the Portfolio Committee on
Communications:
Report and Financial Statements of the South African Broadcasting
Corporation for 2000-2001.
(15)The following papers are referred to the Standing Committee on
Public Accounts for consideration and report and to the Portfolio
Committee on Minerals and Energy for information.
(a) Report of the Auditor-General on the Annual Financial
Statements of CEF (Pty) Ltd and the following subsidiaries in
the CEF Group of Companies: Mosshold (Pty) Ltd - Group Annual
Financial Statements; Soekor (Pty) Ltd - Group Annual
Financial Statements; SFF Association - Group Annual Financial
Statements; Cotec Development (Pty) Ltd; Cotec Patrade (Pty)
Ltd and the Equalisation Fund for 1998-99 [RP 71-2001].
(b) Report of the Auditor-General on the Annual Financial
Statements of CEF (Pty) Ltd and the following subsidiaries in
the CEF Group of Companies: Mosshold (Pty) Ltd - Group Annual
Financial Statements; Soekor (Pty) Ltd - Group Annual
Financial Statements; SFF Association - Group Annual Financial
Statements; Cotec Development (Pty) Ltd; Cotec Patrade (Pty)
Ltd; South African Agency for Promotion of Petroleum
Exploration and Exploitation (Pty) Ltd (Petroleum Agency SA)
and the Equalisation Fund for 1999-2000 [RP 72-2001].
(16)The following paper is referred to the Standing Committee on Public
Accounts for consideration and report and to the Portfolio
Committee on Justice and Constitutional Development for
information:
Report of the Auditor-General on the Financial Statements of Vote
20 - Justice for 1999-2000 [RP 129-2000].
(17)The following paper is referred to the Standing Committee on Public
Accounts for consideration and report and to the Portfolio
Committee on Provincial and Local Government for information:
Report of the Auditor-General on Financial Management at
Provincial Administrations [RP 86-2001].
(18)The following paper is referred to the Standing Committee on Public
Accounts for consideration and report and to the Joint Monitoring
Committee on Improvement of Quality of Life and Status of
Children, Youth and Disabled Persons for information:
Report of the Auditor-General on the Financial Statements of Vote
37 - Presidency for the period 1 June 1999 to 31 March 2000 and of
the National Youth Commission for the period 1 June 1999 to 29
February 2000 [RP 155-2000].
(19)The following paper is referred to the Standing Committee on Public
Accounts for consideration and report and to the Joint Standing
Committee on Intelligence for information:
Report of the Auditor-General on the Secret Services Account, the
Related Departments Accounts and the Security Services Special
Account for 1999-2000 [RP 196-2000].
(20)The following paper is referred to the Standing Committee on Public
Accounts for consideration and report and to the Portfolio
Committee on Defence for information:
Report of the Auditor-General on the Financial Statements of the
Special Defence Account (SDA) for 1999-2000 [RP 73-2001].
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Education:
(1) Manifesto on Values, Education and Democracy.
(2) Values in Education: Celebration of our National Symbols.
- The Minister of Arts, Culture, Science and Technology:
Reports of the National Archivist and the State Herald for 1999-2000
[RP 16-2001].