National Assembly - 03 October 2001
WEDNESDAY, 3 OCTOBER 2001 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 14:04.
The Speaker took the Chair and requested members to observe a moment of silence or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
NEW MEMBER
(Announcement)
The Speaker announced that the vacancy caused by the resignation of Mr A Singh had been filled, in accordance with item 6(3) of Schedule 6 to the Constitution, 1996, by the nomination of Mr C M Lowe with effect from 1 October 2001.
OATH
Mr C M LOWE, accompanied by Mr M J Ellis and Mr T D Lee, made and subscibed the oath and took his seat.
STATEMENT BY MINISTER OF FOREIGN AFFAIRS ON S0UTH AFRICAN GOVERNMENT’S RESPONSE TO TERRORIST ATTACK ON UNITED STATES OF AMERICA
(Subject for Discussion)
Mr D J SITHOLE: Madam Speaker, the objective of terrorism is to spread fear, to demoralise and to get nations to succumb to this.
Terrorism, as seen on 11 September 2001 in New York and Washington, is the worst crime committed against the innocent. Terrorism knows no colour, gender or religion. It has neither brother nor sister. Neither does it have a relative. It transcends national borders and strikes anything in its way.
The killing of innocent people cannot be justified in any manner whatsoever. Religious fundamentalism or fundamentalism of any sort should not be allowed to instil fear in people of the world. We must unite and rid ourselves of such tendencies and practices, and teach our offspring the value of protecting life.
The ANC, in its history, has always condemned and struggled against terrorism. It never sought shelter under it, even at the time when the apartheid dogs of war were unleashed against our people. The killing of civilians and innocent people cannot be an act of bravery. It is a reflection of cowardice at its worst.
It is important for us to learn that when we refuse people their fundamental human rights to express themselves, this will lead to desperation. As governments of the world, we need to ensure that in our pronouncements and actions we do not create breeding grounds for terrorism. We need to ask ourselves: What is it that we have done or said that has created breeding grounds for terrorism? Let us look at our actions. Let us accept that we have made mistakes in the past and, in some instances, wrong decisions. Together, let us find a lasting solution to the world’s problems.
The South African Government and this Parliament, led by our glorious movement, the ANC, condemns what befell the American people. The people of this country stand united against terrorism. We will support the fight against terrorism, and we will actively participate in defeating it.
But we will not sit back when the world is led to war by anger and political expediency. Our Government and our people have demonstrated in their public pronouncements that they will not support a war against innocent people who will become victims, like those in the crashed planes at the World Trade Centre, the Pentagon and Pennsylvania. We in the ANC have always believed and held the conviction that violence cannot be resolved with violence.
We join our Government in calling on those who have found comfort in the vocabulary of war to take a minute and think whether they are not playing into the game plan of these terrorists. The approach of collective punishment as espoused in the Middle East by the Israeli Government against the Palestinian people is wrong. This phenomenon is not different from the total onslaught of the apartheid regime.
As South Africans, particularly those who did not benefit from apartheid, we know and understand the pain of being segregated on the basis of one’s skin colour, one’s political and one’s religious beliefs. The apartheid government developed what they called the ``common purpose’’ doctrine. This was meant to make anyone equally guilty as perpetrators of crime. People were sentenced to death as a result. We cannot allow ourselves to go back to such barbaric practices of the past.
Peace-loving people of the world must urge their leaders and governments to resist the temptation to unleash their military power on the innocent. We come from the World Conference on Racism, Racial Discrimination, Xenophobia and Related Intolerances. This conference was meant to teach and make us understand the pain of being hated by one’s fellow human beings.
One important thing the tragedy in the United States has brought about itself is the unity of the American people and the world. I am aware that South Africans have a long way to go in that respect. What is internationalism? What is patriotism? How should one be patriotic to one’s fellow people? This issue was once discussed in this House, but I am afraid that some people did not learn anything from that debate. They treated the debate with contempt and closed their eyes and their ears to it.
It is wrong to play cheap politics with the tragedy that has befallen the American people. It is inconsiderate for those who see an opportunity to score points through the mayhem. It is unacceptable and insensitive for opposition leaders to use this situation to feed their egos. It is inhuman to play to the press gallery to advance narrow political interests at the expense of the victims and families who suffered in this situation.
It cannot be right to kill people the way those who hijacked the planes did. We cannot for one minute support their cause. South Africans must be able to tell what is right from what is wrong. We cannot support their actions. Terrorism in any form should not be used to fight one’s enemies. All the decisions we make today must not create grounds for problems tomorrow.
In our fight against terrorism we must not find ourselves using tactics of terror in an effort to defeat it. We should have one point of reference when we define terrorism. The support for Savimbi in Angola is terrorism. The war against terrorism should also include the protection of the poor, women, children and the weak in the Middle East.
We all agree that an attack on one member of the community of nations is an attack on all of us. The poor people of Angola and those who are subjected to collective punishment by those who are militarily and economically stronger than them should see this commitment to fight terrorism in the world as a sign of relief from their pains and the dawn of a new day of peace, security and prosperity.
The ANC expresses its sympathy and condolences to the victims and their families and to the people and Government of the United States. We say, in this hour of pain and sorrow we are with them and we are committed to joining hands in the fight against terrorism. [Applause.]
The LEADER OF THE OPPOSITION: Madam Speaker, first a word of thanks to the New NP and the FA for their time in this debate, and I speak on their behalf as well.
I was a little shocked by Mr Sithole’s speech because it was shot through with ambiguities and the normal double talk which, unfortunately, is the last thing that this country or this Parliament or this world needs to hear at a time like this. [Interjections.] Perhaps the Deputy Minister of Foreign Affairs will clarify exactly what the Government’s position and standpoint is without trying to walk on both sides of the street at the same time.
South Africans understand what it means to live in fear of random violence. In this very city we have known terror - unexpected, undiscriminating and unmerciful. We remember Nolusindisa Lolo, the young mother who died when a bomb was placed under her vendor’s table at the Bellville magistrates’ court. We remember a schoolgirl, Olivia Milner, whose lower leg was blown off in a pizza restaurant in Camps Bay. We remember Ebrahim Moosa, the professor who left the country after a pipe bomb had ripped through his home while he was watching television with his children.
But the events of 11 September in New York, Pittsburgh and Washington DC are of a different order entirely. [Interjections.] If I was in the ANC after the events of this morning, I would keep very quiet indeed. [Interjections.] The events of 11 September have shocked the whole world and they have changed it, and our place and purpose in it, probably forever. We have seen dramatic images of the devastation of the World Trade Centre and the Pentagon, and the Pennsylvania crash site.
But there are aspects of terrorism that one has to experience to comprehend
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the sounds of sirens congregating, the smell of smoke and death, the flinching at loud noises for a long time afterward. These are shared memories giving us here a very small window on the anguish and outrage of the American people. That is why South Africa must rally to the global coalition against terrorism. We must play our part to fulfil the promise from President Bush’s speech:
Whether the terrorists are brought to justice or justice is brought to the terrorists, justice will prevail.
But I think we should ask ourselves what it means to be at war with terror. It is a fight against a perverted ideology, an ideology which has no regard for human life, not even the lives of its own adherents. It purports to act on behalf of faith but in reality it is the anathema and antithesis of all faiths. It is an enemy which is everywhere and an enemy which is nowhere.
Therefore, we need to use every weapon, military, diplomatic, economic and political, to cut out this terrorism and its causes, to stifle its support, to target its funding and to remove its lethal machinery. It is an unfortunate reality that one cannot get peace without fighting for it. We must blow apart the calculus of terrorism, which is that the will to fight is weak in modern democracies. This, in fact, is a time for strength. In the words of UN Secretary-General Kofi Annan:
Out of evil can come good. Paradoxically, these vicious assaults on our common humanity have had the effect of reaffirming our common humanity. This was an attack on humanity, and humanity must respond to it as one.
One good thing has emerged from this evil of 11 September. There is a tentative - obviously it is too early to tell - global consensus. Countries such as China and Iran appear today to stand on the side of justice.
To hold this fragile new bond together, the United Nations must provide an umbrella of political legitimacy to the campaign against terror. That is not to say that military operations, where they are necessary, should be subject to a running veto before the UN Security Council on every issue.
The United States is entitled to pursue and apprehend the correctly identified perpetrators of attacks on American soil. They are entitled to attack those states that continue to provide safe havens to terrorists, on condition that they avoid gratuitously targeting civilians.
This is phase one of this campaign, where we are unlikely to be asked for military assistance - and frankly, we would be hard-pressed to provide it. We must, of course, offer and deliver the full services of our intelligence, police and banking institutions in this phase.
Phase two of the war against terrorism involves a global commitment to seek and destroy all terrorist cells and networks in every country and remove them from the face of the earth. If the world pulls together, terrorists will have no place to hide. In these circumstances, if South Africa were asked to engage militarily to combat terrorism, we should be prepared to do so under certain conditions, preferably under the aegis of the UN.
It is our view to see justice done on our own soil, in our region and on our continent. This is our duty and primary function in the global campaign against terrorism. I am deeply indebted to distinguished colleagues like Colin Eglin, Dr Boy Geldenhuys and others for the formulation of certain proposals.
South Africa must immediately and unreservedly implement UN Security Council Resolution 1373 passed last weekend. Perhaps the Deputy Minister will affirm whether or not we are planning to do so. This resolution requires member states to co-operate in a wide range of areas, from suppressing the financing of terrorism to providing early warning, co- operating in criminal investigations and exchanging information on possible terrorist acts. I believe we need to get our act together fast to comply with the 90-day deadline set by that resolution.
Secondly, Parliament should now sit late and longer to revamp antiterrorism legislation. It is quite unbelievable that in the midst of a global terrorism crisis, this Parliament sits and the tabling of this legislation is not even in sight. Why not? We must toughen up further on our extradition laws. South Africa should not be a safe haven for terrorist fugitives.
We must provide and improve witness protection programmes and bolster our intelligence capabilities. I also believe we should not be squeamish about genuine antiterrorist measures. We should not use or abuse those measures as a sort of backdoor erosion of civil liberties. This is not the time for cynical economic opportunism. I am dumbfounded by the ANC majority on the safety and security commission’s misuse of the US terror attack to try to justify banning foreign ownership in the security industry. Where is the sense of propriety and proportion?
I believe South Africa should take the lead within SADC to guarantee that Southern Africa becomes a terrorist-free zone. President Mbeki should work within the African Union with like-minded leaders such as President Wade and President Obassanjo, to form a united African front against terror. That commitment should be added explicitly and by necessary implication to the New Africa Initiative, including Maps. A global campaign against terrorism is not a threat to Africa. It is an opportunity to mobilise international forces to drive destabilising forces from our countries and from the face of our continent.
Terrorism has already hit Africa’s soft flanks - massacres in Algeria, Egypt and the Sudan; bombs in Kenya, Tanzania and even in the city of Cape Town; and violence in Nigeria - somewhat eclipsed by the more awesome events of the World Trade Centre, it left 500 people dead the day after the collapse of the WTC.
This is a basis, even in a very dark time, for unity. This is the same basis on which our President should use his chairmanship of the Nonaligned Movement to draw member states into the global coalition. This is a crucial time that demands unflinching, unambiguous leadership. It is possible to be both aggressive and just; to be both deliberate and decisive. It is impossible to be both against terrorism on the one hand and for communion with international rogues who lead, sponsor or support terrorist organisations on the other. [Interjections.]
It is time to stop letting men like Muammar Gaddafi or Gerry Adams rub moral credibility off the shoulders of our giants. Talking about terror, President Mugabe, our own northern neighbour, also practises what is called state-sponsored terror, which is a form of terrorism nonetheless. We do not rub shoulders with him and this is very simple. [Interjections.]
One man’s terrorist, as Barbara Emile said, is not another man’s freedom fighter in any moral sense whatsoever. Any decent human being should hold that. Even if there might be some merit for a given cause, the minute terrorism is used to help that cause, it becomes tainted and should lose all support. That response alone can tackle the root cause of terrorism.
But there is still an undercurrent that flows through this House. We have heard this, with respect, from the previous speaker, through some of the provinces, from the ANC Youth League, and through echoes from other corners of the media, whispering that somehow America got what it deserved. This kind of doubletalk and perniciousness should be stopped immediately.
The view has been expressed even by the Deputy Minister of Foreign Affairs that policy should be altered in the Middle East and elsewhere as a consequence of this event. To now alter a standpoint - whatever the merits of alteration might be as a consequence of a terror attack - is, with respect, to encourage further attacks.
With terrorism nationally and internationally, one cannot temporise, negotiate and appease it. It must be eliminated root and branch. That is the global task for the 21st century. There is a clear role for South Africa to lead Africa in this campaign, the first campaign of this century. I believe that we will stand behind this Government to take this mission forward if that is in fact what it does. [Applause.]
The MINISTER OF HOME AFFAIRS: Madam Speaker, hon members and His Excellency the Deputy President, in less than three hours on September 11, the world witnessed on live television the unfolding dramatic events leading to the death of well over 6 000 people and tens of billions of dollars worth of damage. The human, financial and political toll of the terrorist attack would have been much higher had the fourth hijacked plane reached its intended target and obliterated the entire White House complex.
We have heard the statement rendered to this House by the hon the Minister of Foreign Affairs, Dr Dlamini-Zuma. We are now here to assess whether what she said expresses the foreign policy which our country needs at this hour. This is the time for this House to make its voice heard and complement with our utterances what our Foreign Minister said. Each of us shall carry the responsibility before history for what we dare say and for that which we dare not say. In so doing, we need to take heed of the decisive and unconditional statements of condemnation made by His Excellency President Mbeki immediately after the attack.
The course of history has been changed, whether we like it or not. In the aftermath of 11 September a new system of foreign relations has tragically become necessary. A dramatic dilemma faces each country of the world. No longer is anyone allowed to sit on the fence or pledge neutrality before a conflict which potentially affects everyone. Benjamin Netanyahu, the former Prime Minister of Israel, speaking before the United States of America House of Representatives’ government reform committee on 20 September, stated that today we are all Americans in grief and defiance.
On 11 September we watched pandemonium broadcast live for all our eyes to see, with its images incessantly repeated on the following days. This type of attack was not on the United States but on the united states, for it was, indeed, an attack against all of us as members of the human family. It is clear that the conflict is between any established, organised and civilised society operating under the rule of law and forces which are inimical to the values of civilisation, progress, law and order.
The outcome of this conflict will determine whether, throughout the world, we can maintain open and pluralistic societies in which individuals can act with the maximum freedom to do maximum good or evil. Within the parameters of this conflict, there is no place for hesitation or ambivalence. As politician we all know that sometimes, in politics and diplomacy, there is room for ambivalence and vacillation by making minimal statements. This is not the time for that. We must go beyond ritual expressions of condolence and empathy to state unequivocally that we suffered an attack on the very values on which our own democracy and social coexistence are founded. It is therefore in this sense an attack on South Africa.
We are not alone in feeling this way. From the Urals to the Andes, the greatest coalition of forces in recorded history has pledged its mutual alliance to fight this war and has mobilised the most powerful military machinery of all time. It is not the United States going it alone, because it is not the United States alone which was attacked. For any country and people who believe in the values of civilisation and progress must rightly feel that they are now under siege by an invisible and yet ever-present enemy.
We have expressed our sympathy and condolences to the government and the people of the United States and conveyed to them that we are with them in their hour of sorrow. We must now pledge to be with them in the many hours of war to come when the going will become tough and some of their allies may have second thoughts and qualify their prior support.
It is not merely a matter of seeking rightful retaliation. It is not just a matter of bringing the culprits to justice, or justice to them. First of all, it is a matter of ensuring that never again will the fundamental principles of law, order and civilisation, upon which all our societies are founded, be undermined in so cowardly and fundamental a fashion. We must pledge not only our friendship, but also our alliance to all the forces which will be mobilised on the military, diplomatic and logistical fronts in the war against terrorism.
I have been a friend of the United States throughout my life. I recognise the enormous contribution that the United States made to our liberation struggle. I recognise that no other country in history has ever mustered so much power as the United States - not to oppress its neighbours, but to bring about freedom, progress and development throughout the world.
However, at this juncture, I am not speaking on the strength of these sentiments which I have always held for a country which is rightly our natural ally and most important friend. I am rather doing so because this attack was on the entire civilised world and we have an equal responsibility to react to it along with any other country which wishes to regard itself as civilised.
The truth of this statement lies also in the consequences of this attack for the world at large. The World Bank economic assessment released two days ago, gives the measure of the social impact of this attack, which took place in the middle of an economic recession.
In all likelihood, as many as 10 million more people will have to live in poverty in developing countries next year. Before the attack, the overall growth rate of developing countries was expected to fall from 5,5% to only 2,9% as a consequence of the economic showdown, while, after the attack, their growth rate is expected to be as low as 0,5%.
The poorest countries of the world will suffer the most and will fall into even deeper recession as a result of a decline in exports, tourism, commodity prices and foreign investment, and the number of people living below the breadline of $1 per day will rise. An additional 20 000 to 40 000 children under five years of age could die if poverty worsens. The area worst hit will be Africa where, in addition to the possible increase in poverty for two to three million people as a result of lower growth and income, a further two million people may be condemned to live below the $1 per day breadline due to the effects of falling commodity prices.
These figures indicate the extent to which we ourselves have been attacked and our lives destroyed. They also indicate how much our development is linked to that of the United States, willy-nilly, and how much our country owes to that country in terms of assistance and hope for our own development.
Our continent’s further development and its final emancipation from poverty depend on successful and socially equitable globalisation driven by countries such as the United States. At this critical juncture in history, let us have no illusions. The world does not owe us any development and prosperity and we have no corresponding entitlement. I say so, notwithstanding the very encouraging remarks Prime Minister Blair made yesterday in Blackpool. He was talking about this very same thing and said that Africa needed attention. He said that the conscience of the world must be focused on Africa.
Within the context of global development, we can earn a greater measure of support for our own progress. Only within such parameters are plans such as the New Africa Initiative viable. I have no fear in saying this, for these are the facts of the matter. The further growth of the United States is a condition for our own development, which should not be a source of resentment, but rather one of appreciation.
We might not know who actually launched the 11 September attack which has so deeply threatened our economic development and social stability. However, we know that there are certain groups in Afghanistan which, even though they may not be directly responsible for this latest and dramatic attack, have undoubtedly been involved in promoting and supporting the same type of terrorism. They are undoubtedly part and parcel of the enemy we must be committed to fighting. We must pledge our support to any action taken for their eradication.
In identifying the multifaceted nature of the enemy confronting us, we must also go to the root of the problem and realise that wherever lack of democracy exists and fundamentalism dwells, cultural milieus exist which may continue to breed unbalanced people prone to terrorism. We must declare war on any type of intolerant religious or ideological fanaticism. The war on terrorism can no longer tolerate regimes which are not devoted to the full respect of individual rights, are not democratically accountable and may divert resources towards terrorism. A globalising world can no longer tolerate undemocratic and regressive pockets which have opted to insulate themselves from the call for progress, civilisation and democracy.
In a globalising world, the evils of oppression can no longer be confined. The germs of terrorism, social instability and oppression have now found a pernicious way of infecting the whole body of civilisation. The current war against terrorism is to protect the civilised world which, make no mistake, we belong to, and we must belong to.
Those who feel differently and do not want to join in this war, may be suggesting that we belong to a different world from the one which has pledged itself to the values which underpin our very Constitution. We dare not make such a statement through hesitation in our debates. We must fight the war against any type of fundamentalism and intolerance in our own country, while giving full assistance to any reasonable action taken abroad. We must make sure that no one makes the mistake of believing that South Africa can be or can become a safe haven for terrorists or fundamentalists. We must begin here and now, and, to this end, let us speak up to make sure that we can stop in time that which otherwise is bound to damage us very seriously and for many years to come. [Applause.]
Mr M RAMGOBIN: Madam Speaker, as a nation diverse in our composition, but hopefully united in our vision, we stand at the threshold of the African century. As a nation, who better than us understands the shame of wanton violence, killings and the degradation of human lives. We in the ANC, as led by our President, unreservedly condemn the terrorist attacks in New York and Washington. We do so because we revere life, justice and peace, because no matter what the end or objective, it must never justify the means, and because we are committed to the welfare of all.
Anything short of our condemnation of terrorism will indeed be a negation of our gifts of ubuntu and the Gandhian trinity of ahimsa, satyagraha and sarvodaya. This is why the ANC emphasises, in the words of the President, that all human beings everywhere will surely be engulfed by a deep sense of shame that human society is still capable of producing people who can deliberately plan and execute a crime as hideous as the crime that was perpetrated in the United States on September 11.
Our condemnation of this hideous crime is a principled one. It is not based on political, economic or religious expediency. It will augur well for South Africans in particular, and Africa in general, not to get embroiled in interventions designed to fight terrorism that will cause further disorder in our world.
Since 1912, and particularly in 1994, we in the ANC symbolised and demonstrated to the world, that human society is not divided into political, social and religious compartments. Because of the fact that human life is an undivided whole, there cannot be a line between ethics and politics.
It is in this context of current events in our world that we must feel compelled to condemn terrorism; to condemn the use of napalm bombs that incinerated parts of Vietnam; to condemn the training, aiding and abetting of bandits like Savimbi or even Bin Laden and the Taliban; to condemn institutions like the Bank of Credit and Commerce International, a British- Pakistani institution, which not only engaged in money laundering but was also used to fund the Mujahedeen in Afghanistan.
We, in the ANC, in associating ourselves with the world that condemns all these vulgarities in human activity, will further condemn, with vigour, the denial of self-determination of the Palestinian people. For those of us who suffer the temptation of arrogance in pursuit of a Hindu crusade, a Christian crusade, a Zionist crusade or an Islamic Jihad, all of which are hypocritically called holy, there is a profound lesson to be learned from our own ubuntu, which for me is an inspiration that there can be no religion apart from human activity.
This human activity, whether at the hands of the Savimbis, the suspected Bin Ladens, the Talibans or the forces pitched against them, must neither countenance nor tolerate the degradation and destruction of our children’s safety and security, freedom and peace, and the world as such, when the preservation of sectarian interests are engaged with the might of terrorism.
This does not mean that economic terrorism as practised by one or more individuals, groups or syndicates on the stockmarket of the developed world
- the consequences of which were seen in Asia, but especially in South Korea - must be ignored, nor does it mean that globalisation, warts and all, should be allowed to run rampant in an unbridled form without checks and balances. For without these checks and balances, are we not coerced and terrified into compliance with a system not of our choice?
Are coercion, terror, fear and force not the enemies of democracy? They are indeed the objectives of terrorism. How else do we view the assaults in the US? How else do we view the terrorism unleashed in Botswana, Angola, Zambia and Mozambique by apartheid South Africa? Apartheid, too, was given a sanctimonious piety by the proponents when it was called a crime against humanity by the rest of the world.
In the current civilisational crisis that we face it is not the prerogative of any political or faith system to arrogate to itself that it alone can offer a social practice that will produce a genuine social form suited to and directed at the fulfilment of human needs and the protection of mother earth.
Agreement based on consensus for the forms necessary has to be reached for progress and harmony. But in the absence of harmony for progress, be it in the fears of human rights, our fight against racism, our struggles to protect our environment through worthy protocols like Kyoto, our opposition to wars and occupation of other people’s land and many more, we will soon be on the doorstep of witnessing the sordid thought that the competing systems will, before long, complete the gamut of civilisation’s history.
In our choices and activities we need to ask ourselves which of our principles make or contribute to a universal defensible moral compulsion. Which of these is destined, not to destruction and disorder, but to enlightenment and understanding founded on a voluntary assent by which we, as humans, will confirm to be the result of perfectly free discussion, thereby becoming the walking symbols of ubuntu.
We, as South Africans, have to heed the consequences of terrorism. Terrorism is a moral aberration, no matter how pious the rationalisation by any so-called crusade or holy war. We have to heed the consequences on our continent’s recovery programme, with special reference to democratic governance.
Terrorism and democracy just do not gel, and because of that it is vital that the alliance against terrorism must not be contaminated by the states that harbour, train, fund and deploy terrorist, as was the case just two nights ago in Kashmir. Any disregard of this by the alliance against terrorism must be construed to mean that its efforts are directed to a mere geopolitical manoeuvring.
To the hon the Leader of the Opposition, yes, indeed, we do remember all those vulgarities in South Africa. We also remember the shrapnel-laden, dead bodies in Lesotho. We also remember the bodies of Samora Machel, as well as Victoria and Griffiths Mxenge, and I as a person also remember the body of my dead 29 year old son. Are they following me? [Interjections.] Do they remember that they were the propagandists of the SADF, which caused his death. [Applause.]
Mr B H HOLOMISA: Madam Speaker, Deputy President and hon members of this House, once again we extend our sincerest condolences to the families and friends of the victims of the terror attacks on 11 September 2001.
The UDM wishes to commend the way in which the US has handled this matter to date. The restraint they have shown thus far has placated the nations and markets of the world, all of whom were nervous of a knee-jerk military retaliation. Equally, we commend the South African Government for their handling of the matter, despite the impression being created in certain quarters that South Africa is not co-operating with the US.
South Africans should know that the present Government does have good relations with the US. A few examples should suffice to prove this. Firstly, it was the US who appealed to South Africa to negotiate through former President Mandela the release of Lockerby suspects to an international court. Secondly, our Government and the US arranged for the training of the Scorpions by the US government. Thirdly, it is the US government who sent FBI officials to assist with the investigation into the Cape Town bombings. Even former President Mandela and President Mbeki’s bodyguards received US training. Therefore, South African co-operation with the US must be seen in the above context. We disagree with those who say the South African Government should have handled the matter differently. [Applause.] South Africans should cherish the freedoms we have here. Whatever role South Africa plays in this international campaign must be carefully weighed. For example, the Clinton administration received our co-operation in the Lockerby matter, but reneged on their promise to lift the sanctions against Libya. In the process former President Mandela’s credibility was damaged. [Applause.] When we co-operate, it must be on the basis of mutual honesty and commitment.
Lastly, if South Africa is in a position to advise on how the matter of Bin Laden is handled, we recommend as follows. Convince the US and Afghanistan to avoid military conflict. Follow the Lockerby example and bring the accused before an international court in a neutral venue.
This will give the US, Afghanistan and Mr Bin Laden the opportunity to state their case and provide evidence for and against.
In this way, we will avoid war that involves the innocent, prevent accusation of an unfounded witch-hunt and defuse this perceived war between religions. But perhaps, most importantly, it gives the US and those who co- operate with them, like South Africa, the opportunity to prove that we can respond to terrorism and barbarism in a civilised and even-handed way.
We must avoid being drawn into a conflict which forces us to abandon the very rights we seek to defend. [Applause.] [Interjections.]
Adv Z L MADASA: Madam Speaker, almost everyone and every nation have condemned the attack on the US. The ACDP unequivocally condemns the terrorist attack on the US.
There is ample evidence that Afghanistan is harbouring groups responsible for terrorism even if not necessarily this particular act of terrorism. We must all fight against global terrorism. The US and Britain have stated that the attack will be aimed at specific targets presumed or known to be the origin of the US attack. The debate, therefore, today should be: What is the appropriate action under international law.
Self-defence is expressly authorised by the UN Charter and refers to defence against armed attack and may include counterattack, for example, the Entebbe Raid in Uganda. Self-defence is usually difficult to invoke when the action complained of has taken place and is history. Today, the issue is no longer self-defence, or whether it is internationally acceptable, but whether, under the circumstances, it can be pursued.
Hon Minister Zuma told the House that hon Presidents Bush and Mbeki have agreed to work together to gather information about the US attack. We applaud this, but the planned attack on Afghanistan, as Kofi Annan said, must still be sanctioned by the United Nations and comply with the requirements of international law. As hon Presidents Bush and Mbeki have agreed, the attack must not be collective punishment but should be targeted, specific and avoid loss of innocent lives. South Africa must put in place all necessary measures, here at home, to deal with international terrorism. [Applause.]
Dr C P MULDER: Madam Speaker, more people were killed by the suicide hijackers last week than the number of American soldiers killed in the entire American revolution, or in the bloodiest one-day battle of the American civil war. More people were killed in New York than at Pearl Harbour during World War II. More people were killed than on D-Day in 1944. America and the world will never be the same again after 11 September.
What did the terrorists do? The terrorists have learned how to turn two of America’s biggest strengths, openness and technology, into weapons against the American people. Armed with pocket knives they transformed United States Airlines into guided missiles, flying bombs packed with 60 gallons of explosive fuel. It is chilling to think what they could accomplish if they get their hands on the peak of military science, the nuclear bomb. May that never happen, and I have said that before. Therefore, nobody, at the moment, in the world is safe. Everybody must, therefore, make a choice. One is either for or against terrorism. There is no neutral position as far as that is concerned.
Elkeen moet kies: ‘n Mens is of vir of teen terrorisme. Soos elke regering, moet ook Suid-Afrika kies vir of teen terrorisme. Hierdie Regering het hulle uitgespreek teen die terroriste-aanvalle en Suid-Afrika se hulp aangebied. Die VF steun hulle daarin en glo dit is die regte stap en moet na buite baie sterk uitgedra word. Ons sal ook gesien moet word in die uitvoer van die VN se besluite teen terrorisme, maar dan kan ons nie dubbele standaarde handhaaf nie. Alle terrorisme moet veroordeel word na alle kante toe. In die verlede kan ek hoeveel voorbeelde noem: 5 September 1972, toe elf atlete dood is by die Spele in München, en die Palestyne verantwoordelikheid aanvaar het, is terrorisme. In die tagtigerjare die Deneyschengesin van Messina wat doodgemaak is in ‘n terroristeaanval. Dit was nie ‘n militêre teiken nie. So kan ek aangaan. Die toets gaan wees in die toekoms of soortgelyke voorvalle plaasvind en of ons konsekwent na buite optree en dit veroordeel. Die VF sal dit wel doen. (Translation of Afrikaans paragraph follows.)
[Everyone must choose: One is either for or against terrorism. Like every government, South Africa must also choose for or against terrorism. This Government expressed itself against the terrorist attacks and offered South Africa’s assistance. The FF supports them in this and believes it is the right step and should be conveyed very strongly to the outside. We will also have to be seen to be putting into practice the UN’s resolutions against terrorism, but then we cannot have double standards. All terrorism must be condemned in every direction. I can mention any number of examples from the past: 5 September 1972, when 11 athletes died at the Olympic Games in Munich and the Palestinians accepted responsibility, was terrorism. In the eighties the Deneyschen family of Messina was killed in a terrorist attack. It was not a military target. I can continue in this vein. The test will come in the future when similar attacks take place and whether we act consistently to the outside and condemn them. The FF will in fact do so.]
Mr P H K DITSHETELO: Madam Speaker, hon Deputy President, we acknowledge the sterling work done by the department and the country’s willingness to assist the US, if approached to participate in military activities, and the expressed support to work with the United Nations to deal with terrorism. An issue of major concern, however, is the perception we are creating with regard to dealing with terrorism, as intimated in the media: ``South Africa would not abide by what America wanted’’, which appeared in The Citizen of 1 October 2001.
Such a statement is not only confusing, but contradictory to the initial position taken by South Africa to work with the US and other countries, including the UN, to stamp out terrorism at the global level. The Ministry of Foreign Affair’s silence on the position adopted by the UN is indicative of our foreign policy’s inconsistency with regard to dealing with issues of international importance.
Such suggestions of neutrality by the South African Government undo the good of the country and its standing as a leading country committed to fighting terrorism. We must recall that our country was the first amongst other nations of the African continent to condemn the US terrorist attacks on 11 September. This Act did not go unnoticed by the US president and the larger public, resulting in the US government thanking our Government for its support and solidarity during the tragic events.
Therefore, we urge the Department of Foreign Affairs clearly to spell out its policy, consistently, so as not to put our country in a bad light owing to possible perceptions that South Africa’s support for the US and, indeed, for the coalition against terrorism, is conditional. We can demonstrate our support to the US by not only complying with the UN resolution, but by implementing it as well.
Matlo go sa mabapi, fifing go tshwaranwa ka diatla. [People should help carry each other’s burdens. Unity is strength.]
Dr S E M PHEKO: Madam Speaker, the 11 September act of terrorism which occurred in America is extraordinary. The world will never be the same after this. It is unprecedented. It has great lessons for our 21st century world. The leaders of the world must now work harder to create a world in which all human beings on this planet are secure and treated equally. The old order in which the powerful bully the weak must change radically.
The PAC condemns terrorism in all its forms and from whatever quarter it comes. The PAC has identified two kinds of terrorism in the world. They are non-state and state terrorism. Both forms cause much human suffering.
The people of Africa, through their own experience, can relate to the grief felt by many American families and people as a result of the recent terrorist bombings of their country. This is because Africa has been terrorised for many years. Firstly, through the Trans-Atlantic slave trade and through colonialism. Their lands, minerals and all their wealth were seized from them by force. This terrorism reduced Africans to sub-humans whose resources and labour were used to develop foreign countries which terrorised the African people.
In modern times, through state terrorism organised from abroad, President Kwame Nkrumah was overthrown, and Patrice Lumumba, Maurice Bishop, Thomas Sankara, and Amielca Cabral were assassinated to make way for puppet regimes controlled by foreign states practising political and economic terrorism. Foreign state terrorism interfered in Iran. It has killed over 2 million people in Iraq and bombed a pharmaceutical factory out of existence in Sudan.
To prevent terrorism in all its forms, all member states of the UN must strictly abide by its charter. Research must also be conducted as to the root causes of terrorism, so that conditions which are conducive to terrorism may be prevented. Non-state terrorists must be properly identified with evidence before they are punished, to avoid punishing the wrong people and the loss of innocent lives. Terrorism cannot be fought with terrorism. A state which fights terrorism with terrorism joins the ranks of terrorism. It shares in the barbarism and atrocities of terrorism. [Applause.]
Miss S RAJBALLY: Madam Speaker, the MF stills feels the shock of the American disaster on 11 September 2001, which has been at the cost of many lives. The MF shares the sentiments that the perpetrators must be brought to justice, and that nations should unite to prevent all acts of terrorism.
The MF, though, strongly agrees with what the President said and whatever further advocated by the Minister, namely that the fight against terrorism should not be seen as a fight against any religion, culture, and race, as well as an act of collective punishment and guilt. It is most important that peace be maintained for, as a nation, housing a diversity of people, it could hold serious consequences. The MF agrees that the South African Government makes itself available for assistance and works collectively within the ambit of the UN to combat terrorism, and bring the perpetrators of this barbarism to justice. The MF applauds the Minister’s immediate action and the strategy that was implemented as a response to the US disaster. The diplomacy towards the USA, as well as the method of inquiry and action taken as regards those South Africans that might have fallen victims to the terror attack, was not only swift, but well inculcated.
The concern and assistance offered to the families and persons concerned to confirm the safety of their loved ones was accommodated and appreciated, as the safety of five of the seven missing South Africans has been confirmed. The MF expresses its admiration and humble gratitude for the assistance that the Minister and her department have given to the family of the late Nick Rowe in arranging for the body to be transported back to South Africa for burial.
The MF supports the Minister’s actions taken in response to the terror attack in the USA. However, the MF asks: What would our response be if our military assistance were requested? [Applause.]
Mr C AUCAMP: Madam Speaker, the core issue before this House today is South Africa’s position in the new international scenario that has unfolded before us since 11 September 2001.
As a whole, the South African Government has handled the situation quite well. In her speech, the Minister condemned these attacks unconditionally and pledged solidarity with the USA. Deputy Minister Aziz Pahad has done the same last night on a show on television.
Die Suid-Afrikaanse regering se standpunt tot op hede is dié van hulp, hulp met intelligensiedienste, humanitêre hulp en samewerking in die proses om die skuldiges aan die kaak te stel. Hiermee gepaardgaande is daar die standpunt om nie militêr by die magsopbou in die Midde-Ooste betrokke te raak nie. Hieroor wil ek meer sê.
Die AEB steun dié standpunt met voorbehoud. As die redes strategies- logisties van aard is, ja. As die rede egter dui op neutraliteit of apatie teenoor die totale teenaanslag teen fundamentalisme, fanatisme en terreur wêreldwyd, dán gaan Suid-Afrika baie seerkry.
Die gebeure van 11 September was nie maar ‘n gewone misdaad waar die skelm gevang, aangekla en vervolg moet word nie. Dít is hoe president Clinton die vorige drie aanslae gehanteer het, soek die skuldige en kyk wat het gebeur. (Translation of Afrikaans paragraphs follows.)
[The standpoint of the South African Government to date has been one of aid, aid with intelligence services, humanitarian aid and co-operation in the process of exposing the guilty parties. Together with this, there is the standpoint of not becoming militarily involved in the power build-up in the Middle East. I would like to say some more about this.
The AEB supports this standpoint with reservations. If the reasons are of a strategic-logistical nature, yes. However, if the reason indicates neutrality or apathy towards the total counter attack against fundamentalism, fanaticism and terror world wide, then South Africa is going to get seriously hurt.
The events of 11 September did not represent a mere normal crime where the villain is caught, arrested and prosecuted. This is how President Clinton dealt with the previous three attacks, seek the guilty party and look at what happened.]
The 11 September 2001 incident was even more of an attack than an act of terrorism to cause fear in the hearts and minds of the people in order to achieve political goals. It was an act of total devastation, the scale thereof was so massive and was akin to a total destruction. It was, indeed, an act of war already, not by one country against another, but by faceless forces of a fanatical underworld against freedom, democracy and a free world.
The question facing South Africa is not that of support in arresting and bringing to trial the criminals and their accomplices. Fanaticism has become the new hostile ideology. The worldwide network of terrorists, together with every government that hosts them or supports them, has become the enemy.
The question is: Where do we stand in a war that was declared on 11 September 2001? A war that will leave no country untouched until the forces of terror and destruction are eliminated? Careful, logical and strategic reservations are advisable. Neutrality will be impossible. [Applause.]
The DEPUTY MINISTER OF EDUCATION: Madam Speaker, in the aftermath of the horrific attack on 11 September 2001 that snuffed out thousands of lives in the United States, the American people must know that we share their horror, pain and suffering. We sympathise with all those who lost their loved ones or were injured.
We support the view that our country and its security organs must take part in the search for and capture of the perpetrators of these acts, so that they may be brought to justice. All legitimate, appropriate and fair methods, preferably under the mandate and direction of the United Nations, must be used to find those responsible. Azapo urges that in this period of universal grief, the international community should take advantage of this widespread consensus and unity to create a fairer and more just world order. Suicide bombers are bitter, weak and desperate people who believe they have literally nothing to lose, including their own lives.
It is not a fair world if half a million Iraqi babies, who know nothing about Saddam Hussein, die of starvation and diseases because sanctions have been imposed against the Iraqi government. It is not a fair world if civilians and children are killed and maimed in the Middle East by weapons supplied by powerful nations of the world.
Let the search for these criminals be accompanied by vigorous campaigns to create a more just world regime that does not breed desperate people. The United Nations, the United States and Western Europe are in a powerful position to bring about a fair settlement in the Israeli/Palestinian conflict and to save the Iraqi children from starvation, disease and death. Then the world struggle against the merchants of evil and death would be a resounding success. [Applause.]
Miss M N MAGAZI: Madam Speaker, hon members, ladies and gentlemen, I want to start off by making a comment.
When I heard that the US has been attacked by terrorists, the first thing that I did was to call the chairperson of the Portfolio Committee on Defence, Comrade Thandi Modise. When the second plane crashed into the second building, I immediately called Sis’ Thandi and asked: ``Where is the President and the Minister of Defence? Are we ready?’’ I was checking. [Interjections.] No, members, I do not want to be howled down. Members should listen! [Interjections.] I was checking whether we were ready, whether our defence was ready. [Interjections.]
Last month the opposition party was howling, making a noise in this House about defence and the Government spending money buying arms. [Interjections.] Today they are quiet and they are not making a noise, because they are thinking: ``What if what happened in the US had happened here?’’ They would start blaming the Government because it does not budget more for security. [Interjections.] This is the kind of opposition we have, an opposition which shows arrogance. [Interjections.] This is what they know - they are a destructive opposition party that does not want to think.
Mr I O DAVIDSON: Where is the 4x4?
Miss M N MAGAZI: Madam Speaker, I do not know. I will start my speech now. [Applause.]
Terrorism on whatever scale is an evil that the world does not need, an evil that can never be justified. It festers in the sick minds of social, economic and political outcasts; it serves no noble purpose and disrupts normal life in a way that is irreversible, devastating and permanent.
That is why every person, group or nation with a modicum of respect for the sanctity of human life must, as we do, denounce terrorism unequivocally, unconditionally and unambiguously, irrespective of where it occurs, who the target might be and what the rationale might be. As South Africans we must be united in our resolve to do everything in our power to prevent terrorism from gaining a foothold within our borders, and strengthen our resolve to combat it wherever it occurs.
Because of the very unpredictable nature of terrorism, especially on the scale that we witnessed on 11 September in New York and Washington, it is imperative that antiterrorist efforts be unified, co-ordinated and co- operative in their make-up. We, as parliamentarians representing the ANC, support the stance of our own Government to join the international fight against terror attacks. We believe there should be an international agency that specialises in combating terrorism in all its forms. This agency should draw on the expertise, intelligence capabilities, investigative capabilities and prosecutory ability of all nations.
We recognise that those who find it within themselves to commit such acts of cowardice and horror belong in the jungle, like the animals they are. We must, for our own sake and for the sake of those who will come after us, uphold the very foundations of democracy and the rule of law. We must presume people innocent until they are proven guilty. We must insist on unbiased investigations. We must demand fair judicial processes. We must require substantive, co-operative and incontrovertible evidence. These are our tools to mete out the kind of harsh, severe and exacting punishment needed to deny terrorists a future; punishment in the same spirit as in the cases of similar crimes committed in Rwanda and Lockerby, where an international specialist court metes out justice to the responsible persons or parties.
Such countermeasures are proactive and will serve a curative purpose. But as a preventative measure, we also need to look at the causes of terrorism throughout the world, and attend to them in a manner that renders it unnecessarily. The undeniable truth is that the foreign policy of the United States is highly problematic for most countries in the developing world. We need to appeal to the inherent sense of reason and soberness of mind of the American government to actively review its foreign policy and its effects on the developing nations of the world. [Applause.] It is our duty to caution against the kind of war rhetoric we have been hearing up till now. It does a disservice to the attempts by President Bush to form a global coalition against terrorism when we hear statements like: ``This is a declaration of war, we are at war’’. [Time expired.] The DEPUTY MINISTER OF FOREIGN AFFAIRS: Madam Speaker, let me first of all thank the many speakers from the Government side, as well as the responsible ones from the opposition, who constructively attempted to deal with this very challenging issue of terrorism.
A French philosopher once said that an idea can be dangerous if it is the only idea that one has. Unfortunately, the DA seems to have only one idea, and that is to use every occasion and every issue to make cheap, party- political points. [Interjections.]
I want to say that the hon Tony Leon was given 12 minutes to waste our time here. In fact the only correct thing he said - and there was very little in what he said that was correct - was not new. Indeed, it has been Government policy for many years. But when he tried to say something newer, more constructive and more philosophical, it was totally incorrect. [Interjections.]
Let me say that today, in the wake of the terrorist attack of 11 September, the world is faced with a very dangerous situation. The born-again antiterrorists, who sound like the new warlords of the world, will not help us tackle this issue.
It is very interesting to note that the hon Tony Leon has made such strident calls today to fight terrorism and asked us to implement certain resolutions. But he formulated his suggestions in such a way that he sounded like he was trying to prove that the South African Government - and indeed, the South African people - are not committed to fighting terrorism. He tried to suggest that we support terrorism. [Interjections.]
I want to say that this is an absolutely dangerous angle that this defunct opposition is taking. Let me point out that within hours after the terrorist act, South Africa unreservedly condemned the attack. We called it a crime against humanity; we said that such a crime demanded a collective determination to fight and defeat terrorism, which is an affront to humanity. We went further and said that South Africa recognises the right of the US government to track down the culprits and bring them to justice. Finally, we gave our commitment to co-operate with all efforts to apprehend the culprits and bring them to book. But, unlike the warlords, we said that any action that is taken, must be informed by incontrovertible evidence. This is a position that the whole world has taken since then. [Interjections.]
The hon Leon now passionately appeals to us to joint the coalition against terrorism - he never did this in his young days - and to implement UN Security Council resolutions. He demands that we meet the 90 day deadline. I do not even think that he has read the resolution, but I am coming to that. He seems to forget that South Africa is one of the leading countries which co-sponsor and support antiterrorist resolutions in the UN, the OAU, SADC, NAM and many other multilateral institutions that we are members of. [Interjections.]
Let me remind these windbags on my left that the OAU, at a summit in Algeria in 1999, held a convention on terrorism which had many elements of the OAU convention which are now part of Security Council Resolution 1373. I will ask the members to read this OAU resolution.
At a conference in Durban NAM made a resolution on terrorism which urged all states to co-operate in enhancing the fight against terrorism. Again NAM, like the OAU, identified positions which are part of resolution 1373. So we do not need to be taught how to fight terrorism. In fact, the right- wing reaction that has been reflected on my left, is an element of terrorism that we must fight. [Applause.]
I cannot understand what the hon Leon means when he says that the UN must give legitimacy to the fight against terrorism, but then warns us that its veto powers must not be used to prevent military actions. This is illogical and nonsensical. The UN is the only instrument through which any international coalition can be formed to fight terrorism. The sooner they wake up to that, the better it will be.
I want to suggest to these windbags that they study Resolution 1373 and the negotiations in which we participated. This resolution imposes a series of binding obligations on member states and they have very serious implications. One of the things we need to do is to start the process of ensuring that we have a genuine international definition of terrorism or terrorist acts. Without a definition of this, we can open up the international body politic to actions that will take us to the precipice of absolute anarchy and the rule of the jungle.
Let me further say that there is a UN ad hoc committee on terrorism that is currently elaborating on a comprehensive convention on terrorism which will serve as an overarching treaty that incorporates key elements of the 12 existing antiterrorism conventions. South Africa is playing a major role in this ad hoc committee.
Let me then just inform this lot here that unlike them, we fully appreciate that terrorism seeks to put itself above and outside the law. In tracking down and bringing terrorists to justice, we must reaffirm the rule of law at the national and international level. As I said before, we can never allow any actions to enable the rule of the jungle to become the basis of international relations.
The hon Leon does not mention the dangers that his type of verbosity is raising. We have consistently said that in fighting terrorism, we must avoid using the right-wing arguments that this is a clash of civilisations, something which the hon Leon uses all the time. We have to start mobilising the people to fight from wherever it comes, and that it cannot be equated to any religion, culture or language. Therefore, the Tony Leons who consistently talk of fundamentalist Islamist terrorists are playing into the hands of many … [Interjections.]
Let me further say that the Security Council resolution - which he has not read - says that the Security Council expresses concern at the increasing … [Interjections.]
The DEPUTY SPEAKER: Order!
Mr D H M GIBSON: Madam Speaker, on a point or order: Is the hon the Deputy Minister allowed to tell lies in his speech?
The DEPUTY SPEAKER: Order! Hon member, you cannot say that the hon the Deputy Minister is telling lies. [Interjections.] Please proceed, hon Deputy Minister.
The DEPUTY MINISTER: Madam Speaker, he is wasting my time! [Interjections.]
Tony Leon and his cohorts do not understand that, when we talk of terrorism, we have to talk about all forms of terrorism. The terrorism that took place in New York and Washington is different from the Oklahoma bomb terrorism. It is different from the terrorism that is taking place in Algeria, Egypt, Angola, Sri Lanka and Kashmir. Therefore, one needs to understand the totality of what one is talking about.
An HON MEMBER: You do not understand anything!
The DEPUTY MINISTER: Secondly, Tony Leon accuses the ANC of taking certain positions, and in his stupid article in The Citizen he accused the ANC of being anti-American and anti-Semitic. These are very dangerous positions, which I want to elaborate on.
We have consistently said that, in order to eliminate terrorism we have to get to the root causes and eradicate them, otherwise we will live with terrorism. In this context we have to stop the conflicts in the world. As far as conflicts go, the Middle East conflict is one of the most important conflicts that have given rise to many forms of terrorist activities.
Let me remind members that nearly 20 years ago, in September 1982, the Falangist movement in Lebanon carried out an orgy of killings and rapes in the Shatma and Shatila camps in Lebanon. This followed the Israeli invasion of Lebanon, which was designed to drive the PLO out of the country and resulted in the death of over 17 000 Palestinians and Lebanese, almost all civilians. That sort of terrorism gave rise to the Black September movement. So we must not ignore these issues. [Interjections.]
Let me just go on. The Secretary General, on 24 September, given the developments after the ceasefire in the Middle East, expressed concern that the Israeli defence force had established a closed military zone in the northern part of the occupied Palestinian territory. He went on to say that the creation of such a zone would impose additional restrictions on the Palestinians. He said it was a unilateral and provocative act contrary to all agreements, and could only undermine ongoing efforts to find the way out of the present crisis. [Interjections.]
The DEPUTY SPEAKER: Order! I regret your time has expired, hon Deputy Minister. [Applause.] Hon Nel?
Mr A C NEL: MADAM Speaker, during the course of the Deputy Minister’s input, Mr Leon referred to the Deputy Minister as ``dishonest, deceitful and unfit to hold office’’, and I submit that that is unparliamentary. I request that you ask him to withdraw.
The DEPUTY SPEAKER: Hon Leon, did you say those words, and if you did, could you please withdraw? [Interjections.]
The LEADER OF THE OPPOSITION: Yes, I did, and I do.
Mr D H M GIBSON: Madam Speaker, on a further point of order: During the hon the Deputy Minister’s address, he purported to quote the speech of the hon Mr Leon, and he did so using notes which were drawn up before Mr Leon had spoken. He wilfully misquoted him, and in fact told lies - there is no other description of it. I think the hon the Deputy Minister should be instructed to withdraw all the statements he made referring to the hon Mr Leon’s speech. [Interjections.] The DEPUTY SPEAKER: Order! Hon Deputy Minister, would you like to respond to that?
The DEPUTY MINISTER: Yes, Madam Speaker. Let me quote from what the hon member wrote in The Citizen [Interjections.]
The DEPUTY SPEAKER: Order! Deputy Minister, are you now quoting exactly what you quoted in your speech, ie are you quoting from what was reported?
The DEPUTY MINISTER: Yes, Madam Speaker. I was simplifying it for the simple-minded!
Mr A C NEL: Madam Speaker, is there a point of order here?
The DEPUTY SPEAKER: Order! Hon Nel, the Deputy Minister would like to respond, so let us give him the opportunity to do so.
The DEPUTY MINISTER: Madam Speaker, they said I was misquoting and lying. Here is what he said. He said: It has been said the mass murder in America last week was somehow brought about by the country’s foreign policy in the Middle East. This has been articulated in some editorials and by certain ANC politicians. Underlying this is a pervasive anti-Americanism often accompanied by anti-Semitism and inspired more by envy than by facts or compelling argument.
He goes on to say many more things.
The DEPUTY SPEAKER: Order! Hon members, I think what the DP’s Chief Whip is pointing out is that what is being quoted is actually not what the Leader of the Opposition said. However … [Interjections.] Order! However, I think the issue here is that the Deputy Minister is actually quoting a newspaper article.
The DEPUTY MINISTER: Yes!
The DEPUTY SPEAKER: So it is not so much whether or not the Leader of the Opposition indeed did say those words. The DEPUTY MINISTER: And he said it on many occasions!
The DEPUTY SPEAKER: The newspaper itself says so: it is not so much that the Deputy Minister himself is saying what the Leader of the Opposition said, as he is quoting an article in a newspaper. So the issue of him lying does not arise, because he is just quoting from a newspaper article, which in fact he is holding. Yes, hon Asmal?
The MINISTER OF EDUCATION: Madam Speaker, can you please …
The DEPUTY SPEAKER: Order! Hon Asmal, please do not start an argument with members of the opposition.
The MINISTER: Madam Speaker, can you tell me what the point of order is if one is misquoted? Where does it say that to misquote someone is a point of order?
The DEPUTY SPEAKER: Order! Hon Minister, please take your seat! I do not want the business of the House this afternoon to be diverted by this whole debate about what the Deputy Minister said. If there is any further reason for this issue to be followed up, it will not be now. We will now sort this matter out outside, if there is any reason for doing so. The Deputy Minister has explained why he said what he said, and that is that.
Debate concluded.
QUESTIONS AND REPLIES - see that book.
NOTICES OF MOTION
Prof S S RIPINGA: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House -
(1) notes that Mr Yengeni has appeared briefly in the Cape regional court and was released on R10 000 bail;
(2) believes that every individual is presumed innocent until proven guilty in a just and democratic society characterised by the rule of law;
(3) wishes to reiterate the ANC’s policy that all are equal before the law, that no one is above the law and that all have a right to a fair and just trial; and
(4) calls on all South Africans to uphold the principle of assumption of innocence until proven guilty.
[Applause.]
Mr D H M GIBSON: Chairperson, I hereby give notice that on the next sitting day of the House I shall move:
That the House -
(1) notes that the Chief Whip of the Majority Party has been released on bail of R10 000 pending his trial on charges of corruption, alternatively fraud, perjury and forgery;
(2) reaffirms its support for the rule of law;
(3) states that persons charged with criminal offences must be presumed to be innocent until proven guilty, but that it is nevertheless impossible for the hon Mr Yengeni to carry on as Chief Whip of the Majority Party while facing criminal charges of this gravity; and
(4) therefore resolves that the dignity of Parliament demands that Mr Yengeni should be suspended for the duration of his criminal trial.
[Applause.]
Dr R RABINOWITZ: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:
That this House -
(1) notes that -
(a) life on earth is primarily dependent on the presence of water;
(b) there is universal recognition of progressive water scarcity
which could hurt the continent of Africa more than any other;
(c) a study on the implications of climate change called ``The
Country Study'' has been published and is due for presentation
to the UN; and
(d) at a constructive deliberation between Globe, the Department of
Water Affairs and the Portfolio Committee on Water Affairs, it
became evident that progress in water conservation would benefit
considerably from information contained in this document; and (2) calls on the Minister of Environmental Affairs and Tourism and the
Cabinet to release this report for discussion and comment as soon as
possible.
Mr E S MAGASHULE: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House -
(1) notes -
(a) the article that appeared in ANC Today, which made the point
that American patriotism should serve as an example for South
Africa; and
(b) that the people of America are united against the common enemy
of terrorism despite massive inequality engulfing that country;
(2) further notes that South Africans need to embrace the spirit of new patriotism and unite against poverty, lack of jobs and racism, and support initiatives aimed at deepening democracy and accelerating the pace of social and economic transformation; and
(3) welcomes the spirit and the thrust of the article written by our comrade, President Thabo Mbeki.
[Applause.]
Dr P J RABIE: Chairperson, I hereby give notice that on the next sitting day of the House I shall move:
That the House -
(1) notes with alarm …
[Interjections.]
The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Mr E SALOOJEE: Chairperson, in relation to what Mr Gibson has said, I really believe that I would be justified in asking him: When Mr Abe Williams was charged … [Interjections.]
The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Hon member, I cannot accept that as a point of order. You may have your viewpoints on that, but this is not the time to state that.
Dr P J RABIE: Chairperson, I hereby give notice that on the next sitting day of the House I shall move:
That the House -
(1) notes with alarm that the rand has recently declined to more than R9 to the US dollar;
(2) believes that this is of grave concern;
(3) calls upon the Reserve Bank to do all in its power to eliminate the forward book, and upon the ANC Government to put a stop to the delays in getting the privatisation of parastatals off the ground; and
(4) resolves that pro-active responsible fiscal measures must be taken to stem the unacceptable weakening of the South African rand.
Prof L M MBADI: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the UDM:
That the House -
(1) notes that the literacy programme that was so strongly advocated by the Minister of Education seems set for failure;
(2) further notes that only 250 of SA’s estimated 3,2 million illiterate people are benefiting from the multimillion rand programme;
(3) expresses its dismay that the initiative has yet to complete its four- year business plan; and
(4) calls on the Minister of Education to deliver on his promises regarding this project.
Ms N S MTSWENI: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House -
(1) notes that -
(a) on Monday, 1 October 2001, Telkom celebrated its 10th
anniversary;
(b) over the past 10 years Telkom SA has undergone a number of
transformation processes; and
(c) Telkom was given a period of exclusivity to improve on universal
service targets; (2) acknowledges that over the past decade of telecommunications
restructuring, Telkom has performed remarkably well in meeting these
targets and has made tremendous strides in rolling out unprecedented
telecommunications services to rural areas, clinics and schools;
(3) therefore congratulates Telkom on this auspicious event of its 10th anniversary; and
(4) further wishes Telkom well in the new telecommunications environment as the market opens to competition.
[Applause.]
Mr S N SWART: Chairperson, 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) notes that -
(a) our marine resources are being depleted by unscrupulous persons
and companies; and
(b) certain fishing companies are amongst those guilty of illegal
practices;
(2) welcomes the invoking of section 29 of the Marine Living Resources Act by the Minister of Environmental Affairs and Tourism, which enabled the Minister to cancel the fishing rights of a fishing company after the laws and regulations under which its fishing rights were granted had been breached; and
(3) commends the Minister on this action, which is a first for the South African fishing industry, and trusts that this action will serve as a deterrent for other fishing companies engaged in illegal fishing activities.
Miss S RAJBALLY: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the MF:
That the House -
(1) notes that -
(a) the ancient Indian pilgrimage to the great river Ganges in India
has been a magnet to thousands of pilgrims, who venture to these
waters to wash away their sins;
(b) whatever piety this river may hold, it has become a dumping pool
for millions of litres of waste and other water pollutants; and
(c) a national Ganges cleansing project has been launched at the
Sanchat Mochan Foundation in India;
(2) calls on the Indian community and the parties concerned to aid in the cleansing of this sacred river;
(3) acknowledges that even though the Ganges River is polluted and noted as the most polluted watercourse in the world, it is still very sacred, pure and holy and that many from around the world, including South Africans, embark upon this passage; and
(4) calls on everyone to make it safer and to preserve its symbolism caringly.
[Applause.]
Mrs F MAHOMED: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House -
(1) notes that since 1 July 2001, two million South Africans have started receiving free basic water;
(2) believes that this reflects the commitment of the ANC-led Government to improving the quality of life by ensuring that each household has access to safe and clean water; and
(3) commends the work done by the Department of Water Affairs in ensuring that more families have access to clean water.
[Applause.]
Mr N S BRUCE: Mr Chairman, I hereby give notice that on the next sitting day of the House I shall move:
That the House -
(1) notes with dismay the decision to give Lotto money, meant for charitable causes, to sports bodies, including professional sports such as soccer and rugby;
(2) considers it a disgrace that millions of rands have been given to professional sport when organisations which seek to relieve human suffering are in serious financial trouble of the Government’s making;
(3) questions the ANC’s commitment to improving the lives of the poor and the needy by allowing this callous decision-making;
(4) calls on the Auditor-General to conduct a special enquiry into the National Lotteries Board to ensure that equity and transparency are part of the funds allocation decision; and
(a) despite the depredations of the Lotteries Board, congratulates
the Scorpions on their acquisition of a second-hand Mercedes-
Benz 4x4 and encourages them to expose the cupidity that is the
cause of corruption and the scourge of honest governance.
Mr B M DOUGLAS: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:
That the House -
(1) regrets that -
(a) RDP houses in Mpumalanga Province are a possible life-
threatening risk due to shoddiness in construction; and
(b) building inspectors in the said province were forced to demolish
90 homes this week in fear that they might collapse and kill
residents; and
(2) is appalled that many of these houses also leak even during light rains; and
(3) calls on the Minister of Housing to see to it that such shoddy building contractors rebuild the houses at their own cost.
Mrs Z A KOTA: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House -
(1) notes the ANC in the Western Cape’s decision to assume the chairpersonship of four of the 16 subcouncils in the Cape Town unicity;
(2) believes that this strategic decision will benefit the poor people in the areas the ANC will control, especially those in Khayelitsha and Mitchells Plain which have been identified by the ANC national Government for urban renewal;
(3) further believes that the benefits of the ANC’s outward focus on development, upliftment and accelerated delivery will far exceed the negative inward focus on separatism, backstabbing and infighting of the DA; and
(4) calls on the people of Cape Town to unite with the ANC to speed up change for a better life for all.
[Applause.]
Mr S SIMMONS: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the New NP:
That the House -
(1) notes -
(a) a short-sighted culture of nonpayment for services in certain
parts of South Africa, encouraged by outdated ANC policies;
(b) that the local governments cannot survive financially if
citizens do not pay for services;
(2) commends -
(a) the City of Cape Town for its sensible and steadfast commitment
to the culture of payment for services;
(b) the city for the patient, passionate and impressively firm
action in assisting water payment defaulters in Tafelsig and
elsewhere to make arrangements to commence paying; and
(c) the people of Mitchells Plain who have immediately commenced
payments;
(3) condemns those who have -
(a) sought confrontation with officials who are carrying out the
law; and
(b) encouraged confrontation in order to score cheap political
points; and
(4) calls on the ANC Government and all provincial and local governments to put a stop to the legacy of nonpayment in South Africa.
Ms A VAN WYK: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the UDM:
That the House -
(1) calls on the Government to fulfil its constitutional responsibilities and serve the people of South Africa by implementing a national mother-to-child prevention plan as part of a national integrated strategy to deal with HIV/Aids;
(2) notes that the Government is out of touch with the daily realities of South Africans; (3) expresses its disgust that President Mbeki is tarnishing our country’s international image with his stubborn ill-informed stance on HIV/Aids, indicated by the sharp criticism of the influential Washington Post; and
(4) calls on all South Africans to unite in their fight against the challenges of HIV/Aids.
The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Hon members, in respect of the issue of the hon the Chief Whip of the Majority Party, you know very well that this matter is now within the judicial process. Any inferences that any member makes regarding his guilt prior to the findings of the court cannot possibly be condoned by this House. I would, therefore, like to caution you that in making that reference, you must understand quite clearly the lines that are drawn and should not transgress them if you want to be on the right side of morality. So please be very careful when you make the inference, and what the words you use actually mean.
PROUDLY SOUTH AFRICAN CAMPAIGN
(Draft Resolution)
Mr M T GONIWE: Chairperson, on behalf of the Chief Whip of the Majority Party, I move without notice:
That the House -
(1) notes that -
(a) the Proudly South African Campaign is being officially launched
today, 3 October 2001; and
(b) this campaign is widely supported by all constituencies in
Nedlac;
(2) believes that -
(a) the Proudly South African Campaign will encourage consumers to
confidently purchase quality South African goods and services;
(b) the Proudly South African label will be a guarantee of adherence
to fair labour and environmental standards; and
(c) by exercising the choice to purchase goods and services bearing
the Proudly South African mark members of the public can
contribute to promoting economic growth and job creation in this
country;
(3) wishes the Proudly South African Campaign well;
(4) calls on all Members of Parliament to actively support the campaign and do whatever they can to publicise it; and
(5) calls on the Government and parliamentary structures to do all that they can to ensure that procurement decisions take due cognisance of the campaign.
Agreed to.
BEST WISHES TO THE SA MEN'S HOCKEY AND CRICKET TEAMS
(Draft Resolution)
Mr M J ELLIS: Madam Speaker, I move without notice:
That the House -
(1) wishes the South African men’s hockey team well in their three-match test series against England that started today; and
(2) further wishes the Protea cricket team success in their upcoming triangular series against India and Kenya.
Agreed to.
CONGRATULATIONS TO SA CRICKETERS
(Draft Resolution)
Mr C T FROLICK: Madam Speaker, I move without notice:
That the House -
(1) notes the recent nominations for Cricketer of the Year of Makhaya Ntini, Mfuneko Ngam, Shaun Pollock, Nick Bojé and Neil McKenzie;
(2) congratulates these five cricketers for their phenomenal contribution to South African cricket during a difficult and often turbulent year;
(3) further notes the historic achievement of Ntini and Ngam, who are the first ever black players to be recognised in this way; and
(4) recognises that with this award SA cricket has taken yet another step on the road to full transformation and encourages all sports codes to accelerate their transformation efforts in order to promote nation building.
Agreed to.
INTERNATIONAL TEACHERS' DAY
(Draft Resolution)
Mr M T GONIWE: Madam Speaker, on behalf of the Chief Whip of the Majority Party, I move without notice:
That the House -
(1) notes the call by Unesco for the recognition of 5 October as World Teachers’ Day, as a day in which we will salute the work of teachers, and show solidarity with teachers who labour under difficult circumstances;
(2) believes that the work of teachers is one of the most critical activities in nation building and that teachers need the support and respect of the community in order to function effectively; and
(3) resolves to -
(a) send a message of support to the World Teachers' Day function to
be held in Mafikeng on Friday, 5 October 2001;
(b) affirm its solidarity with the many teachers worldwide who are
victimised, harassed and detained because of their profession;
and
(c) call on our teachers at all times to act in a way that will earn
the respect of our communities and enhance the image of this
noble profession.
Agreed to.
ALLOCATION OF SPEAKING TIMES
(Draft Resolution)
Mr A C NEL: Madam Speaker, on behalf of the Chief Whip of the Majority Party, I move: That, notwithstanding Rule 106 -
(1) the following times be allocated for party responses to today’s statement by the Minister of Education:
African National Congress: 5 minutes; Democratic Party: 4 minutes;
Inkatha Freedom Party: 4 minutes; New National Party: 3 minutes;
United Democratic Movement: 2 minutes; all other parties: 1 minute
each; and
(2) the Minister shall have 5 minutes to reply.
Agreed to.
INTERNATIONAL TEACHERS' DAY
(Statement)
The MINISTER OF EDUCATION: Chairperson, hon members, this is a very happy occasion. I address this House to acknowledge the worth of our nation’s teachers, and to recognise and applaud the important work they do. Goeiemiddag onderwysers, sanibonani bothisha, mfundisi-nsapho, dumelang barutabana, thobela barutishi [Good morning teachers].
I want to thank the House for allowing this time on this important day. We will be joining over 100 countries around the world, whose people will spare a special thought for the teacher, the teacher they know and trust. The day has been identified by Unesco at the instigation of Education International, a worldwide union of over 20 million teachers, for an annual celebration of the work of teachers.
As has already been mentioned on behalf of the Chief Whip of the Majority Party, there will be the special occasion in Mafikeng on Friday, and I am sure that they will be pleased to receive this message from this House. Today we have two special guests in this chamber, the chairperson of the South African Council of Educators, Mr Abrahams, and his deputy, Ms Mpati, who are joining us. When they meet in Mafikeng, the topic will be ``Qualified Teachers for Quality Education’’. The emphasis on qualifications is important in the context of lifelong learning, and teachers must be encouraged to ensure that they have the minimum requirements for appointment. The opportunities for them to upgrade are enormous, especially with the introduction of the National Professional Diploma in Education as a special upgrading qualification. These opportunities must be grasped. We still have an awesome legacy to overcome because of the apartheid mania for separate and poor training and supervision of teachers.
But, of course, we must not assume - do not go by headlines - that a qualified teacher is automatically a good teacher. The same applies in respect of the qualifications we received long ago. Updating ourselves should be part of our job and part of the role model we project. There have been huge changes in education and society: new knowledge about learning has shaped the construction of the curriculum and the pedagogues which deliver it. Most of all, the Constitution has introduced a set of values which must underpin all behaviour. At the same time, school demographics have changed, with much greater diversity of culture and ethnicity in the classroom, which also requires new approaches.
To meet the obligations to learners, the real teachers will remain out in front, leading the nation in word and in deed, and to fulfil the relationship of trust which is fundamental to our values. I call on all South Africans to honour, in whatever way they can, the work of such teachers.
Though teaching is valiant work, it is demanding work and it is too often a thankless task to be a teacher. Fortunately, for many outstanding men and women, it is also a godgiven task and any obstacles are surmounted to accomplish this task. Their view would be that education is much too valuable to subject to the vagaries of circumstance; learners cannot be held to ransom for problems and factors beyond their control. This must be the view of any honest educator, especially those who wish that the education budget was not held accountable to fiscal policy constraints.
These teachers are the representatives of stability, order and continuity. They do not flinch in the face of adversity. They know that they carry our heritage and our future on their shoulders. These teachers strive for more and for better, achieving the kinds of miracles we are hearing so much more about recently and which we shall see more of when our President presents his annual teaching awards later this month.
For these teachers, this prestige is more valuable than any material reward. It is an affirmation of their being and the evidence is to be seen in the eyes of their learners; the honour and the respect they have for their teachers is obvious. This is someone one can depend upon. Regrettably, in South Africa, we are celebrating World Teachers’ Day in a context where some teachers are failing in their duty. As a nation, we have espoused many admirable values, which are contained in our Constitution and given practical effect in the Ministry’s manifesto on Values, Education and Democracy.
We can expect teachers who are at the forefront of the struggle for these values to keep playing a leading role. It is intolerable, but we hear of instances or cases where teachers do not work on days when they get paid on Friday. Also, we have to hear of a terrible 500-page report compiled by members of a provincial legislature, with details of sexual abuse, rape and exploitation of learners. This occurred not in one school, but in many schools. For all the systematic neglect by peers, by school teachers, parents and educational authorities; all are guilty of subverting the national democratic agenda, which never provided for this. So while this is not the rule, the practice seems widespread enough to suggest that it is also not the exception.
No better are the headlines about the suspended principal of Ermelo Hoërskool, which I remember visiting in 1991. We must also be classified as counterrevolutionaries: Why? Because this is a revolution of the mind-set which we are slowly winning, and which we must win. Those who hold office and have authority over the vulnerable are under a special duty of care. They must help to revive in some cases and then to maintain the special sense of duty.
Throughout the year 2000 there was a great deal of stability in the education sector, particularly in the schooling area. This was evidenced by increased efforts by teachers, principals and educational managers to ensure improved results, especially at matric level. I want to thank very much those teachers who worked the weekends, who took part in intervention programmes organised by unions and in most cases by the provinces to have the results that we had last year. Even up to today there has been a good deal of evenness in the system.
Regrettably, there have been ominous signals from the labour front in recent days. I have no wish to negotiate from this platform: my sole purpose is to inform the public as to what is at stake. Some have already had their say in the variety of opinion pieces, editorials and letters in the media, and all have stated the simple truth. This country cannot afford a national teachers’ strike. This time, not because of overseas investors, the markets or foreign investment, but because your children and your neighbour’s children will pay the price. [Interjections.] Ignorance is expensive; too expensive for our children. While there is still a door open for talks, we must open it and walk through it together, because we have to do it for the sake, not of the national interest, but of our children.
Even if we were to avoid a strike at this last minute - and we seem to be in the final stages of an agreement - I can assure members that the uncertainties and anxieties which the students are facing, will already have had an effect. The simple suggestion of a strike is in itself destabilising and demotivating, and at precisely the moment when no learner can afford such feelings. It would be regrettable if the matric results are going to suffer as a result. Much more important, there is a possible alienation of our young people from our own democratic society. Thousands of children will have to repeat a year, or else be destined to walk the streets without a matric, let alone an exemption. And this at a time when higher education institutions have the capacity to take in many more students.
I must pose a question to all teachers: Is what they are doing ethically correct? The SA Council of Educators’ Code of Professional Ethics, to which all teachers subscribe, has the following to say about registered educators:
Firstly, that they acknowledge the noble calling of their profession to educate and train. Secondly, that they acknowledge that the attitude, dedication, self-discipline, ideals, training and conduct of the teaching profession determine the quality of education. Thirdly, that they commit themselves to do all within their power in the exercising of their professional duties, to act in accordance with the ideals of their profession.
These are wonderful sounding words, but somehow in so many of the schools these remain words. We celebrate the great work of teachers present and past, heroes and heroines in the classroom on this special day, but it took long and hard work to inject these ideals into the minds of every teacher so that they can act them out every day in the classroom. So as communities we expect the best of our leaders, of our sports teams, and of our artists; and they work hard to ensure we get it. Let us expect the same from our teachers.
Besides celebrating the work of teachers, we are also asked to remember those teachers around the world who are working under extreme conditions. We do so in our best traditions of solidarity. I am drawn to think immediately of women teachers in Afghanistan who have been prevented from continuing teaching; those in Bosnia who have been raped and abused; those in Rwanda, where teachers are among the first to be slaughtered; and, of course, the teachers who have been killed and attacked in our own schools for whatever reason.
We are seeing a great rise in xenophobia and discrimination and we look to teachers to bring the voice of sanity and hope. Africa is not exempt from any of these concerns. In many countries on this continent teachers are harassed and victimised for simply doing their jobs. Teachers are arrested when they insist on human rights. We should recall when we were like that and greatly appreciate the solidarity of the world.
Today teachers in South Africa are creating their own miracles. Teachers like those at Mbilwi Secondary School have fought against adversity and poverty to create a model school of which we can all be proud. A small book published this year under the title Portraits of Courage, chronicles the lives of a few teachers in various parts of the world - teachers who have overcome adversity, conflict and oppression to do what they have done. Some of the recipients of our National Teacher Awards deserve to feature in such a book for the moral stand they have taken in education and the sacrifices they have made.
Many have now said that they have turned the corner in education, and they are right. After spending the first five years building structures and getting a policy framework in place, we are now strongly focused on the quality and delivery of education. Where we used to worry about matric exam papers being leaked because of poor management systems, we are now concentrating on improving the results and making the matric examination more relevant to our needs and those of society.
Systematic evaluation of learner achievements will put the spotlight on performance, so that we can account to the public, which is entitled to receive progress at all levels. In addition, a process of whole school evaluations will ensure that schools, as organisations, are functioning effectively. The people expect this and we must respond to their expectations. These monitoring systems are all part of the workings of a modern democratic society and we will not concede that.
Teachers will deliver on this turnaround, I am sure. In so doing they will salvage their noble profession, and not sell it to the highest bidder. I can only say that they should think with their heads, as their teachers taught them, and feel with their hearts, as lead by example. But they should not confuse today’s concerns with their historic mission to liberate the nation, especially from ignorance.
As teachers celebrate World Teachers’ Day, they should remember how they overcame the immense difficulties of the past and think of the enormous challenges of the future, in order to gain the broadest possible perspective of their role as teachers. The hope for the future of our country lies in these post-apartheid primary and secondary school teachers, where even under the worst of conditions concerted efforts are being made to do the best for our children. In those formerly white or so-called Model C schools, the school community as a whole is genuinely trying to grapple with the challenges of change and in so doing they are contributing to the building of a new national identity.
There will always be deniers; those who cannot come to grips with the changes necessary; those who begrudge the progress we are making. The Irish have a lovely word, which is totally unparliamentary. It tells us what should be done with begrudgers like that. But shame on the begrudgers and forward we will go.
To the teachers of South Africa, we thank and salute you and on behalf of the nation we say go well. Siyabonga. [Thank you.] [Applause.]
The CHAIRPERSON OF COMMITTEES: Order! Hon Minister, before you leave the podium, will you please introduce the two guests again? Do that so that the honourable House may respond in their normal enthusiastic manner.
The MINISTER: Chairperson, they are two representatives of the SA Council of Educators. But I see that they have gone. I am sorry about that.
Mr R S NTULI: Chairperson, hon Ministers, hon members and fellow educators, we welcome and salute you.
The DP wishes to associate itself with the sentiments that the hon the Minister has expressed. We are solidly behind the words of advice, counsel and caution that he has expressed and his usual stance of standing firmly for the truth, stating it as it is. We want to thank him for that.
Society cherishes great expectations of teachers, because teachers are society’s representatives or go-betweens. Teachers are intermediaries between the real world - that is, the factual world - and the ideal world.
The consideration of some of the expectations which teachers face, makes it clear what a daunting task they have. Learners, for example, expect their teachers to relay information and ideas effectively; and parents expect teachers to discipline their classes, instil moral values and promote academic excellence. Governments expect teachers to introduce to their charges ideas of national unity, patriotism and respect for state institutions.
But while society is all too ready to heap expectations and obligations on the shoulders of teachers, the latter are not generally given the material rewards and social prestige to match the importance of their role in nation- building. Lest we forget, every gold medal, every doctoral thesis at a university, every political leader in a country big or small, has a foundation laid in a classroom.
The inauguration of World Teachers’ Day by the International Conference on Education in Geneva in 1995 marks a long, overdue realisation of the indispensable service teachers render to society. Since then we annually celebrate the contribution of teachers to nation-building on 5 October.
The slogan for this year’s World Teachers’ Day, chosen jointly by Unesco and Education International, is ``Qualified teachers for quality education’’. It encompasses the dual themes of teachers as indispensable for providing quality education, and teachers as fundamental in helping governments meet their commitments.
We need also to acknowledge that teaching as a profession implies that not everybody can be a teacher. Related to this is the critically important matter of continuous professional development to maintain a high level of teacher productivity and efficiency, and to avoid the burnout syndrome.
To improve the quality of education, teachers must be supported in their efforts to develop themselves professionally. In this regard we welcome, with appreciation, the forthcoming national teachers’ education policy conference organised by the Minister towards forming a new model for teacher development in South Africa.
We believe that the educators who will attend the conference will emerge from the conference hall professionally wiser and with healthier professional attitudes, which might include the following: That teachers should acknowledge and accept that the attitude, dedication, self- discipline and conduct of the teaching corps determine the quality of education in this country and, finally, that as teachers, they should commit themselves to do everything within their power to exercise their professional duties and act in accordance with the ideals of the profession, as expressed in the code of conduct of the South African council, always mindful of their fundamental obligation to serve the learners. [Applause.]
Prof S M MAYATULA: Chairperson, hon Minister, hon members, the word ``teacher’’ conjures up a number of fond memories.
Let us, for a moment, forget the monsters mistakenly called teachers, like the one who has allegedly raped 22 learners and the one who has infected a learner with HIV/Aids. Our teachers have a great influence on our lives, more than any other profession. It is the teaching profession that made us who we are.
Parental guidance in upbringing is important. The family is where the first seeds of life are supposed to be planted. However, families, as we knew them, are few and far between. I am not sure whether it is industrialisation or civilisation that has killed family life, but the reality is that it is dead. Parents are too busy making money or enjoying themselves to take care of their children. They do not even have time to eat together, let alone pray together.
As soon as a baby is about to be born, one of our concerns is how and where to get a nanny. At the age of two this child is taken to the nearest crèche. From that moment on, at that tender age, the role of the teacher begins. Surely, teachers are worth celebrating.
I dedicate this speech to my sub A teacher who inculcated in me the habit of brushing my teeth before I go to bed at night. Wandixelela ukuba xa ndilele umlomo awushukumi, zitsho iintsholongwane zifumane ithuba lokubolisa amazinyo zingenasiphazamiso. Wathi utitshalakazi ngokuhlamba amazinyo phambi kokuba ndilale, ndizivimba ukutya, asinde amazinyo. (Translation of Xhosa paragraph follows.)
[She told me that when I am asleep the mouth does not move, and germs get a chance to spoil the teeth without disturbance. The teacher said that by brushing my teeth before I go to sleep, I do not give them a chance to spoil my teeth so they get rotten.]
I dedicate this speech to all my teachers who inculcated in me the love of education and a better understanding of life. I dedicate this speech to those teachers in the rural areas whose commitment and determination have not been blunted by the lack of even the basic essentials in their schools. They are ready to queue up with their pupils at the nearest dongas when nature calls, owing to the unavailability of toilets.
I dedicate this speech to those teachers who conduct morning classes, weekend classes and who even have classes during holidays. They keep their eyes not on their watches, in readiness for the school break, for the end of the day or the next weekend, but on the task at hand of nurturing our nation. To them teaching is a calling, not a career. They do it for the love of it.
They do not need any head of department, principal or inspector to prod them along. They are intrinsically motivated. They firmly believe and understand that the future of our children, the future of our nation and the future of the world is in their hands. As models to children, they can either build or break their characters.
The implications of a strike by teachers at this time of the year for the future of thousands of our learners, who are preparing themselves for the final examination, is to ghastly to contemplate. My main concern here is not the legitimacy, or otherwise, of the strike, but the direct catastrophic effects on the learners who are not involved in the negotiations. It cannot be fair. [Applause.]
Mr M F CASSIM: Chairperson, the song that the hon the Minister of Education started is a chorus in which all of us can join. The point that Prof Mayatula made, that whoever we are, whatever we are, all of us owe a large measure of gratitude to those teachers who helped us. May the new generation of teachers do more, and possibly much more, in order that future generations can also acknowledge the work that teachers do.
Any country, like South Africa, that is celebrating International Teachers’ Day, and that honours the teachers, actually empowers our children. When the nations of the world salute the teacher, they knowingly lays down a deep foundation for a better and more secure future.
Therefore, we in the IFP - with the rest of our colleagues and the Minister
- say to the teachers in our country and to the educators in the world that when they improve their qualifications, they help us to improve our qualifications. When they take up the challenges of society, by the same token they reduce the challenges that we in Parliament and other institutions have to take up.
Therefore, the more that the teachers do to ensure that we have an educated society, the better the society in which we live. We, as politicians, can only secure the present and, powerful as we might appear to be, we do not have the power of the educators and the teachers who secure the future. The teacher, as an educator, therefore has this enormous power to influence what the future will look like and therefore can make the most powerful impact on society.
Therefore, we in Parliament are fully supportive of the slogan chosen by Education International and by Unesco for International Teachers’ Day, which says: ``Qualified teachers for quality education’’. Indeed, this has to be the rallying cry. In a globalised society in which technology changes as rapidly as it is adopted, every educator must seek continuously and continually to improve his or her qualifications. The teacher has to exemplify the ideal of once a learner, always a learner.
If my understanding of the Botswana education policy is correct, every teacher has to upgrade from one qualification to the next in every given period. No teacher may therefore continue to practice in Botswana without a new and higher qualification at regular fixed intervals. This ideal should therefore be self-driven by teachers and teacher unions, and be supported by the state.
In a world that faces dire and daunting challenges, quality education is an imperative, and therefore we hope that the teacher unions and the state will be able to resolve the present impasse in order that it does not negatively impact on our children. We wish the teachers the very best on International Teachers’ Day. We hope that our democracy and all the problems that we have in this country will, through the efforts that they make, be secured for the future. [Time expired.] [Applause.]
The CHAIRPERSON OF COMMITTEES: Order! Hon members, I wish to recognise the presence of Mr Gerry Adams from Ireland who is seated in the gallery. [Applause.] I wish to welcome him on behalf of Parliament. Enjoy your stay in the country, Mr Adams.
Dr B L GELDENHUYS: Chairperson, I fully agree with the previous speaker. A qualified teacher is a prerequisite for quality education in the classroom. Thomas Carlyle was once asked what the secret was of successful teaching. Carlyle replied: ``Be what you would have your pupils be.’’
Aan elkeen van Suid-Afrika se 357 532 onderwysers wat tot dusver ‘n voorbeeld was van toewyding, pligsgetrouheid en lojaliteit, wil ek namens die Nuwe NP hulde bring. Die diens wat hulle aan Suid-Afrika bewys kan nie met geld gekoop word nie. (Translation of Afrikaans paragraph follows.)
[On behalf of the New NP, I wish to pay tribute to each and every one of South Africa’s 357 532 teachers who up to now have been an example of dedication conscientiousness and loyalty. The service they are rendering to South Africa cannot be bought with money.]
Allow me to highlight one performance of excellence in this regard. Under the visionary leadership of Bongi Peyana, the Principal of Sandi Senior Secondary School in the Eastern Cape, the matric pass rate increased from less than 4% to 93% in just three years, and that without electricity, telephones and running water. Dedicated teachers made all the difference. In the light of what happened at the Sandi Senior Secondary School, a lack of resources can no longer serve as an excuse for bad matric results. There is no replacement for dedication in the teachers’ profession. Dedicated teachers can make South Africa a winning country.
However, a strike on the eve of the final matric exams - which has been referred to by the hon the Minister and Prof Mayatula as being planned by the SA Democratic Teachers Union - is totally incompatible with dedication, and every teacher who is going to participate in this strike should be excluded from all tributes to the teaching profession today. Those who plan this strike and those who are going to participate in the strike do not care for the learners of South Africa.
Yes, teachers are underpaid, and the matter necessitates serious discussion. If we want to draw quality learners to the teaching profession, teachers will have to be paid market-related salaries. Apart from ruining the future of innocent learners and causing the country incalculable damage, a strike on the eve of a final matric exam will not resolve the issue, on-going negotiations are the only answer.
The New NP urgently calls on Sadtu to call off the strike. We are furthermore convinced that the time has come to declare education an essential service, which will make it impossible for teachers to go on strike. No service can be more essential than that of teaching. [Applause.]
Prof L M MBADI: Mr Chairperson and hon Minister of Education, we would like to join you in celebrating World Teachers’ Day. All of us in this House are a finished product of that noble profession, teaching. Our teachers, dead or alive, are proud of the members of Parliament of the democratic Republic of South Africa.
Today we honour the teachers the world over for their great integrity and the dignity with which they dedicated their lives to the total eradication of ignorance in their society and in the world. Teachers must acknowledge the trust and faith the communities have in them all over the world. They must understand that they are the in loco parentis over their charges.
However, this trust is betrayed by a few rotten apples amongst them. These rogues take advantage of the vulnerability of their charges. In some schools the environment is far from being conducive to education and learning. Shocking incidents of girls being subjected to sexual violence and abuse are reported at South African schools.
The Eastern Cape legislature received a shocking and damning report on horrific details of sexual abuse, rape and exploitation of teenage pupils at provincial schools. A living example is a junior secondary school at eNgcobo, where the deputy principal allegedly made 20 girls pregnant. The report also cites an HIV-positive teacher at a Cradock school who raped three pupils with the intention of infecting them with the deadly virus.
It is gratifying to note that the Director General of Education is to take action against principals who try to cover up these misdemeanours. He has promised Parliament that his department will soon unveil a programme that makes schools safe. [Applause.]
Mr L M GREEN: Chairperson, the ACDP commends all hard-working and dedicated teachers on World Teachers’ Day. Teachers are the trained personnel who provide a service to meet our society’s educational needs.
Theirs is a vocation of great moral imperative and responsibility. The need to address the inhospitable system in which they have to work is long overdue. Teacher morale in this country has undergone a negative shift over the last number of years. Many classrooms no longer resemble a place of learning, but are sites of struggle between learners and the educator. The recent example is the incident in which a teacher was literally hammered into subjection by an ill-disciplined pupil. The dutiful teacher simply relied on her own inner resources to survive, as the system within which she worked could not protect her.
The present Government has rescinded laws on corporal punishment, yet we do not implement an effective alternative policy that either equals or betters the repealed law. [Time expired.]
Mr I S MFUNDISI: Chairperson, one head of Government went out to address
teachers and at the end of his speech he shouted Long live, teachers!', to
which they replied with one voice: On what?’
The Special Intergovernmental Conference on the Status of Teachers convened
by Unesco and the ILO on 5 October 1966 recommended, amongst others, that
the salaries of teachers should reflect the importance of the teaching
function to society and that their salaries must compare favourably to
other occupations requiring similar qualifications.
It is unfortunate that teachers in this day and age still have to fight for the improvement of their salaries to the extent of going on strike, like the strike that we currently have on our hands. We call on teachers to practice extended professionalism that goes beyond performing as and when the school bell rings only, but goes right into the community around the school they teach at. We believe that for teachers to operate well, there should be a mutual relationship of trust, respect and co-operation amongst themselves, pupils and the community at large.
Finally, we salute those men and women in the noble profession who have survived depression and held their heads high, even under such trying circumstances.
Dr M S MOGOBA: Chairperson, we celebrate this day with teachers, parents and pupils of the world. The PAC salutes the teachers of this nation in the first place, because teachers are nation builders and world shapers. Few adults spend the same length of time with the young of the nation between the ages of five and 25, as teachers do.
Teachers influence the cream of our nation for good or for bad. The saying bears repeating that whereas the blunders of the doctors lie in the grave, and those of the lawyers in prison, those of the teachers roam the streets. There was a sad story this week of a 13-year-old pupil who chased and assaulted a teacher with a hammer and the teacher landed up in hospital. There were other stories of teachers who were arrested and tried for moral offences.
On the positive side, many teachers have produced doctors, judges, priests, politicians and statesmen of note. Teachers cannot escape the results or fruits of their work. They are respected for their beliefs, values and dedication. Even as the world is on the brink of a catastrophic war, some teachers somewhere who taught Osama Bin Laden, George W Bush or Tony Blair, to name but a few, must be knowing that they have a share in the destiny of the world. God bless the teachers of South Africa, Africa and the entire global village. [Applause.]
The DEPUTY CHAIPERSON OF COMMITTEES: Order! Hon members, the teacher in me would demand that you concentrate a little harder.
Miss S RAJBALLY: Chairperson and the Minister of Education, the MF takes this opportunity to applaud teachers around the globe in their mission to accomplish the provision of education to all. When a child is born, its primary socialisation is carefully and knowledgeably instilled by the parent or guardian. From here the task of moulding the soul is passed on to the education institutions, where teachers of our nation not only educate according to the curriculum, but strive to inculcate values that are to produce persons of high standards to continue the advancement of our nation. From generation to generation, be it school, nursery, college, or religious institution, the objective is to educate.
The MF applauds the sacrifice, as well as the efforts, of all teachers that, most certainly, serve as a tool to instil education. May this day highlight the efforts of teachers, especially those from the apartheid regime, who had to accomplish educating children with minimal and limited resources. [Time expired.] [Applause.]
Mr C AUCAMP: Chaiperson, may I take this opportunity to salute all teachers of South Africa, all members of this very noble profession. Up to today, apart from my parents, I have a few role models in life. They are neither celebrities nor sport heroes or even dominees, but a few of my teachers. I agree with the hon Minister that a striking educator is a contradictio in terminus.
I want to use this opportunity to make an appeal, especially to Afrikaans- speaking South Africans, to consider a career in teaching. Enrolment of new Afrikaans-speaking students is less than 25% of the figure necessary to fill expected vacancies. I can guarantee hon members that it is not Kader Asmal who is the greatest danger for education in our own language, as we believe. It is the lack of Afrikaans-speakers studying education.
There is hardly a job that has more job security than teaching. And I want to conclude by proving that I put my money where my mouth is. My youngest son completed his studies as a teacher this year and already has his appointment for next year. [Applause.]
The DEPUTY CHAIRPERSON OF COMMITTEES: Order! To all the hon members who had just one minute, I want to remind you that Vodacom and MTN are now charging by the second, so Parliament is still doing well, allowing you a minute.
The MINISTER OF EDUCATION: Chairperson, hon members, dear colleagues. I did not know so many of the hon members would stay to the end of the debate. So, to compliment them, may I refer to three or four serious points?
First of all, I would like to say that it is a great honour for us to have had - and I think we are one of a few Parliaments in the world to have such a motion, a motion - on World Teachers’ Day, and it is a credit to South Africa. Secondly, let me thank those who have taken great pains to speak and draw attention to the contribution that teachers have made. Prof Mayatula talked about his wonderful teachers and their extraordinary impact.
I want to say something about how South Africa has radically changed from the time I was at school. My teachers were all unqualified, and they were no good. They could not teach and they were in fear of this inspector - a kind of feudal man who would come once in a while and open the door.
We are talking about change in South Africa. The change that has taken place has been such that we have opened up our school system. We have opened up a school system with a post-apartheid generation of youngsters in primary schools. One really has to go to different parts of South Africa to see the sense of excitement in schools today. One gets it quietly, the detritus and the sensational newspaper headlines. But one should go around the schools and see how, out of very little, they are able to do so much. [Interjections.] Yes, we have.
Thirdly, I want to say that the improvement in teachers’ qualifications has to take place and it has to be over a long period. We cannot pay market- related salaries. I do not know what market-related salaries are. Teachers earn more than anybody else on a similar level of qualifications. [Interjections.] They earn more on a similar level of qualifications. What we therefore want to take into account is training. Next year tens of thousands of teachers will be going for training at a cost of R100 million. The money comes from the Education Labour Relations Council. We have enormous competing interests in South Africa. Education gets R51 billion - 21% of the national Budget. Fourthly, what we have to work out is how well we are using it. Part of this amount is, in fact, for deracialising our education system. We still have two educational systems in South Africa. We have two sets of teachers.
I became a teacher because my family could not afford to send me to university. For many teachers, teaching is a second choice. My job as a Minister of Education is to inspire young people, such as Cassie’s son, to choose teaching as a first choice profession. So we are now making available nearly R13 million out of the national financial aid scheme. That is very innovative. It is reserved for those who want to become teachers. If the demand is great this year, we will increase it. Out of the R600 million that we have, we will make it about R45 million. I make this appeal that teaching should become the first choice.
Corporal punishment is not attractive to the young people. You cannot beat people to make them friendly, lively, or to make them work. We have a booklet which is going out to the country, which is an alternative to corporal punishment. Members of Parliament should not say that the Government let them down because we abolished corporal punishment.
The Constitutional Court formed up the appellation and in the most civilised countries we think that it is an English disease, for those who inflict the punishment often get more pleasure than the pain that accrues to that poor little blighter. We have to take this into account that to build civilisation, we cannot do so through violence.
Can I also add that no one spoke about the stature of teachers? Thirty years ago there was a romantic view that teachers had a wonderful stature. It is a romantic view. We must improve the stature of teachers. We have to do that, because we are putting our most vulnerable and tender people into their hands.
We must not bash the unions. Union bashing will not get us anywhere. They have a constitutional right to strike. We have given thought to whether we can make them an essential service. The ILO says one cannot do it, and I agree with that. It is a question of timing.
All of us who have been in that profession noticed that at certain times one never used one’s power and strength, because the effect would be, not on the Government, not on members of Parliament, but, of course on the children. That is why we must engage with our union friends, as we did today. To engage with them, to talk to them and then to work on a satisfactory solution, which is what, in fact, a teacher’s day is all about
- now we can have a proper engagement about what I still consider to be the most noble profession of them all. [Applause.]
The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Hon members, earlier this afternoon a motion on the subject was adopted and that will be given effect too.
Order! The hon Dr Geldenhuys is in a great hurry but I just have another few seconds if he will bear with the House.
Debate concluded.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON WATER AFFAIRS AND
FORESTRY - SADC REGION SHARED WATERCOURSES PROTOCOL
Report adopted. Order disposed without debate.
The House adjourned at 18:43. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
FRIDAY, 28 SEPTEMBER 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Minister for Agriculture and Land Affairs on 28 September
2001 submitted a draft of the Land and Agricultural Development
Bank 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 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) Message from National Council of Provinces to National Assembly:
(i) Bill passed by National Council of Provinces on 28
September 2001 and transmitted for concurrence:
(ii) National Health Laboratory Service Amendment Bill [B 56 -
2001] (National Council of Provinces - sec 76).
The Bill has been referred to the Portfolio Committee on Health of
the National Assembly.
(2) Message from National Council of Provinces to National Assembly:
Bill, subject to proposed amendments, passed by National Council
of Provinces on 28 September 2001 and transmitted for
consideration of Council's proposed amendments:
(i) Cultural Laws Amendment Bill [B 45B - 2000] (National
Assembly - sec 75) (for proposed amendments, see
Announcements, Tablings, Committee Reports p 1024).
The Bill has been referred to the Portfolio Committee on Arts,
Culture, Science and Technology for a report on the amendments
proposed by the Council.
(3) Message from National Council of Provinces to National Assembly:
Bill, as amended, passed by National Council of Provinces on 28
September 2001 and transmitted for consideration of Council's
amendments:
(i) Cultural Laws Second Amendment Bill [B 46D - 2000]
(National Assembly - sec 76)
The amended Bill has been referred to the Portfolio Committee on
Arts, Culture, Science and Technology for a report and
recommendations on the Council's amendments.
- 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
Arts, Culture, Science and Technology:
(a) Government Notice No 219 published in the Government
Gazette No 22106 dated 9 March 2001, Application for
registration of heraldic representations and objections, made
in terms of sections 7, 7A and 7B of the Heraldry Act, 1962
(Act No 18 of 1962).
(b) Government Notice No 399 published in the Government
Gazette No 22281 dated 18 May 2001, Application for
registration of heraldic representations and objections, made
in terms of sections 7, 7A and 7B of the Heraldry Act, 1962
(Act No 18 of 1962).
(c) Government Notice No 400 published in the Government
Gazette No 22281 dated 18 May 2001, Notice of registration of
heraldic representations, made in terms of section 10 of the
Heraldry Act, 1962 (Act No 18 of 1962).
(d) Government Notice No 563 published in the Government
Gazette No 21242 dated 9 June 2001, Provisional declaration of
types of objects, made in terms of section 32(5)(b)(i) of the
National Heritage Resources Act, 1999 (Act No 25 of 1999).
(e) Government Notice No 580 published in the Government
Gazette No 22410 dated 25 June 2001, Notification that the
President has signed the National Council for Library and
Information Service Act, 2001 (Act No 6 of 2001).
(f) Government Notice No 112 published in the Government
Gazette No 22451 dated 13 July 2001, Substitution of Notice No
120 of 1997 concerning Norms and Rules for Provincial Language
Committees, made in terms of section 8(11) of the Pan South
African Language Board Act, 1995 (Act No 59 of 1995).
(2) The following paper is referred to the Portfolio Committee on
Public Enterprises:
Financial Statements of Alexkor Limited for 1999-2000.
(3) The following paper is referred to the Portfolio Committee on
Provincial and Local Government. 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 Provincial
and Local Government for 2000-2001, including the Report of the
Auditor-General on the Financial Statements of Vote 22 -
Provincial and Local Government for 2000-2001 [RP 132-2001].
(4) The following paper is referred to the Portfolio Committee on
Arts, Culture, Science and Technology. 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 Arts,
Culture, Science and Technology for 2000-2001, including the
Report of the Auditor-General on the Financial Statements of Vote
4 - Arts, Culture, Science and Technology for 2000-2001 [RP 92-
2001].
(5) 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 South African Bureau of
Standards for 2000-2001, including the Report of the Auditor-
General on the Group Financial Statements for 2000-2001.
(6) The following paper is referred to the Portfolio Committee on
Agriculture and Land Affairs:
Report and Financial Statements of the Perishable Products Export
Control Board for 2000.
(7) The following paper is referred to the Portfolio Committee on
Finance. The Reports of the Auditor-General contained in the
following paper are referred to the Standing Committee on Public
Accounts for consideration and report:
Report and Financial Statements of the National Treasury for 2000-
2001, including the Reports of the Auditor-General on the
Financial Statements of Vote 12 - Finance for 1999-2000, the
Financial Statements of Vote 32 - State Expenditure for 1999-2000
and the Financial Statements of the National Treasury for 2000-
2001 [RP 101-2001].
(8) The following paper is referred to the Portfolio Committee on
Safety and Security. 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 Safety and
Security for 2000-2001, including the Report of the Auditor-
General on the Financial Statements of Vote 28 - South African
Police Service and the Secretariat for Safety and Security for
2000-2001 [RP 129-2001].
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Education:
(1) Report and Financial Statements of the Certification Council for
Technikon Education for 2000-2001.
(2) Report and Financial Statements of the South African Council for
Educators for 2000. 2. The Minister of Safety and Security:
(1) Report and Financial Statements of the Independent Complaints
Directorate for 2000-2001, including the Report of the Auditor-
General on the Financial Statements for 2000-2001 [RP 149-2001].
(2) Government Notice No 764 published in the Government Gazette No
22583 dated 24 August 2001, Amendment of the South African Police
Service Employment Regulations, 1999, made in terms of section
24(1) of the South African Police Service Act, 1995 (Act No 68 of
1995).
MONDAY, 1 OCTOBER 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
-
The Speaker and the Chairperson: (1) The following Bill was reintroduced by the Minister of Home Affairs in the National Assembly on 1 October 2001 in terms of Joint Rule 162 and referred to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160:
(i) Immigration Bill [B 79 - 2001] (National Assembly - sec 75).
[The draft Bill that was published in Government Gazette No 22439 of 29 June 2001 was originally introduced as the Immigration Bill [B 46 - 2001] (National Assembly - sec 75). The JTM on 26 September 2001 found that Bill to be constitutionally out of order in terms of Joint Rule 161(1)(e)].The Immigration Bill [B 79 - 2001] has 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.
(2) The Minister for Provincial and Local Government submitted the
Wetsontwerp op die Kommissie vir die Bevordering en Beskerming van
die Regte van Kultuur-, Godsdiens- en Taalgemeenskappe [W 62 -
2001] (Nasionale Vergadering - art 75) to the Speaker and the
Chairperson on 28 September 2001. This is the official translation
of the Commission for the Promotion and Protection of the Rights
of Cultural, Religious and Linguistic Communities Bill [B 62 -
2001] (National Assembly - sec 75), which was introduced in the
National Assembly by the Minister on 4 September 2001.
National Assembly:
- The Speaker: The following changes have been made to the membership of Portfolio Committees, viz:
Public Service and Administration:
Appointed: Gomomo, P J.
COMMITTEE REPORTS:
National Assembly:
-
Report of the Portfolio Committee on Health on the National Health Laboratory Service Amendment Bill [B 56 - 2001] (National Council of Provinces - sec 76), dated 28 September 2001:
The Portfolio Committee on Health, having considered the subject of the National Health Laboratory Service Amendment Bill [B 56 - 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. TUESDAY, 2 OCTOBER 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Joint Tagging Mechanism (JTM) on 2 October 2001 in terms of
Joint Rule 160(3), classified the following Bills as section 75
Bills:
(i) Judicial Officers Amendment Bill [B 72 - 2001] (National
Assembly - sec 75).
(ii) Copyright Amendment Bill [B 73 - 2001] (National Assembly
- sec 75).
(iii) Performers' Protection Amendment Bill [B 74 - 2001]
(National Assembly - sec 75).
(iv) Stock Exchanges Control Amendment Bill [B 75 - 2001]
(National Assembly - sec 75).
(v) Planning Profession Bill [B 76 - 2001] (National Assembly
- sec 75).
(2) The Minister of Education submitted the Wysigingswetsontwerp op
Hoër Onderwys [W 61 - 2001] (Nasionale Vergadering - art 75) to
the Speaker and the Chairperson on 2 October 2001. This is the
official translation of the Higher Education Amendment Bill [B 61
- 2001] (National Assembly - sec 75), which was introduced in the
National Assembly by the Minister on 4 September 2001.
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
Sport and Recreation. 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 Sport and Recreation South
Africa for 2000-2001, including the Report of the Auditor-General
on the Financial Statements of Vote 29 - Sport and Recreation
South Africa for 2000-2001.
(2) The following paper is referred to the Portfolio Committee on
Justice and Constitutional Development. 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 Justice and
Constitutional Development for 2000-2001, including the Report of
the Auditor-General on the Financial Statements of Vote 18 -
Justice and Constitutional Development for 2000-2001 [RP 158-
2001].
(3) 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 Council for Scientific and
Industrial Research for 2000-2001, including the Report of the
Auditor-General on the Financial Statements for 2000-2001 [RP 147-
2001]. 2. The Speaker:
The following changes have been made to the membership of Portfolio
Committees, viz:
International Relations:
Appointed: Madasa, Z L.
Discharged: Southgate, R M.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Education:
Report and Financial Statements of the Department of Education for 2000-
2001, including the Report of the Auditor-General on the Financial
Statements for 2000-2001 [RP 125-2001]. 2. The Minister for Justice and Constitutional Development:
(1) Government Notice No R.844 published in Government Gazette No
22646 dated 7 September 2001, Notice of Determination of the
Remuneration and Conditions of Employment of Judges of the Land
Claims Court established in terms of section 22 of the Restitution
of Land Rights Act, 1994 (Act No 22 of 1994).
(2) Report of the South African Law Commission on the application of
the Bill of Rights to Criminal Procedure, Criminal Law, the Law of
Evidence and Sentencing, Project 101 [RP 118-2001].
(3) Report of the South African Law Commission on Domestic
Arbitration, Project 94 [RP 119-2001].
(4) Fourth Interim Report of the South African Law Commission on
Simplification of Criminal Procedure (Sentence Agreements),
Project 73 [RP 120-2001].
(5) Report of the South African Law Commission on the Review of the
Marriage Act 25 of 1961, Project 109 [RP 117-2001].
- The Minister of Environmental Affairs and Tourism:
(1) Government Notice No 1769 published in Government Gazette No
22516 dated 27 July 2001, Invitation to apply for experimental
fishing permits for the catching of Patagonian Toothfish
(Dissostichus spp) in terms of the Antarctic Treaties Act, 1996
(Act No 60 of 1996).
(2) Government Notice No 1768 published in Government Gazette No
22516 dated 27 July 2001, the South African Ratification of the
Convention on Conservation of the Fisheries Resources of South
East Atlantic Ocean, made in terms of section 231 of the
Constitution, 1996 (Act No 108 of 1996).
(3) Government Notice No 1767 published in Government Gazette No
22516 dated 27 July 2001, South African acceptance of the FAO Code
of Conduct for Responsible Fisheries and the FAO Compliance
Agreement, made in terms of section 231 of the Constitution, 1996
(Act No 108 of 1996).
(4) Government Notice No 701 published in Government Gazette No
22516 dated 27 July 2001, Determination of fees payable in respect
of applications for and issuing or granting of rights, permits and
licences, made in terms of section 25 of the Marine Living
Resources Act, 1998 (Act No 18 of 1998).
- The Minister of Health:
Report and Financial Statements of the South African Medical Research
Council for 2000-2001, including the Report of the Auditor-General on
the Financial Statements for 2000-2001 [RP 122-2001].
WEDNESDAY, 3 OCTOBER 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The following Bill was introduced by the Minister of Health in
the National Assembly on 3 October 2001 and referred to the Joint
Tagging Mechanism (JTM) for classification in terms of Joint Rule
160:
(i) Medical Schemes Amendment Bill [B 80 - 2001] (National
Assembly - sec 75) [Explanatory summary of Bill and prior
notice of its introduction published in Government Gazette No
22554 of 8 August 2001.]
The Bill has been referred to the Portfolio Committee on Health 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 vacancy which occurred owing to Mr A Singh vacating his seat
with effect from 1 October 2001, has been filled with effect from
1 October 2001 by the nomination of Mr C M Lowe.
(2) Mr P J Gomomo has been elected as chairperson of the Portfolio
Committee on Public Service and Administration with effect from 3
October 2001.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Defence:
(1) Security Agreement between the Government of the Republic of
South Africa and the Government of the French Republic concerning
the Exchange of Classified Information in the Field of Defence,
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 on Defence
Cooperation, tabled in terms of section 231(3) of the
Constitution, 1996.
(3) Arrangement between the Government of the Republic of South
Africa and the United Kingdom of Great Britain and Northern
Ireland concerning Mapping/Survey Cooperation and the Exchange of
Geographic Materials between the Directorate Geospatial
Information, South African National Defence Force and the Defence
Geographic and Imageri Intelligence Agency, UK, tabled in terms of
section 231(3) of the Constitution, 1996.
(4) Arrangement between the Government of the Republic of South
Africa and the United Kingdom of Great Britain and Northern
Ireland concerning the Provision of Personnel of the United
Kingdom Armed Forces and the United Kingdom Ministry of Defence to
advise the Department of Defence of the Republic of South Africa
on Aspects of Democratic Defence Management, tabled in terms of
section 231(3) of the Constitution, 1996.
(5) Acquisition and Cross-Servicing Agreement between the Government
of the Republic of South Africa as represented by the Minister of
Defence and the Department of Defense of the United States of
America, tabled in terms of section 231(3) of the Constitution,
1996.
(6) Agreement between the Government of the Republic of South Africa
as represented by the Minister of Defence and the Government of
the United States of America as represented by the Department of
Defense concerning Exchange of Research and Development
Information, tabled in terms of section 231(3) of the
Constitution, 1996.
(7) Report and Financial Statements of the Armaments Corporation of
South Africa Limited for 2000-2001. 2. The Minister of Finance:
(1) Agreement between the Government of the Republic of Seychelles
and the Government of the Republic of South Africa for the
Avoidance of Double Taxation and the Prevention of Fiscal Evasion
with respect to Taxes on Income, tabled in terms of section 231(3)
of the Constitution, 1996.
(2) Explanatory memorandum to the Agreement.
- The Minister of Transport:
Financial Statements of the South African Civil Aviation Authority for
2000-2001.
- The Minister for the Public Service and Administration:
Report of the Department of Public Service and Administration on the
Use of Consultants in the Public Service, September 2001.
- The Minister of Minerals and Energy:
Report and Financial Statements of the South African Nuclear Energy
Corporation Limited for 2000-2001.
- The Minister in The Presidency:
Report and Financial Statements of the Government Communication and
Information System for 2000-2001, including the Report of the Auditor-
General on the Financial Statements of Vote 12 - Government
Communication and Information System for 2000-2001 [RP 111-2001].
COMMITTEE REPORTS:
National Assembly:
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Report of the Portfolio Committee on Agriculture and Land Affairs on the Agricultural Debt Management Bill [B 54 - 2001] (National Assembly - sec 75), dated 25 September 2001:
The Portfolio Committee on Agriculture and Land Affairs, having considered the subject of the Agricultural Debt Management Bill [B 54 - 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 54A - 2001].
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Report of the Portfolio Committee on Finance on the Financial Intelligence Centre Bill [B 1 - 2001] (National Assembly - sec 75), dated 18 September 2001:
The Portfolio Committee on Finance, having considered the subject of the Financial Intelligence Centre Bill [B 1 - 2001] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, presents the Financial Intelligence Centre Bill [B 1B - 2001] (National Assembly - sec 75).
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Report of the Portfolio Committee on Finance on the Pension Funds Second Amendment Bill [B 41 - 2001] (National Assembly - sec 75), dated 21 September 2001:
The Portfolio Committee on Finance, having considered the subject of the Pension Funds Second Amendment Bill [B 41 - 2001] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, presents the Pension Funds Second Amendment Bill [B 41B - 2001] (National Assembly - sec 75).
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Report of the Portfolio Committee on Provincial and Local Government on the Repeal of Volkstaat Council Provisions Bill [B 59 - 2001] (National Assembly - sec 75), dated 2 October 2001:
The Portfolio Committee on Provincial and Local Government, having considered the subject of the Repeal of Volkstaat Council Provisions Bill [B 59 - 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.
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Report of the Portfolio Committee on Environmental Affairs and Tourism on the National Parks Amendment Bill [B 38 - 2001] (National Assembly - sec 75), dated 3 October 2001:
The Portfolio Committee on Environmental Affairs and Tourism, having considered the subject of the National Parks Amendment Bill [B 38 - 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.
The Committee further reports that, upon receiving comment from the South African Revenue Service, it appears that paragraph 1.3 of the explanatory memorandum to the Bill is not correct and should therefore be omitted.
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Third Report of the Standing Committee on Public Accounts, dated 12 September 2001:
The Standing Committee on Public Accounts, having heard and considered
evidence on the Reports of the Auditor-General on the financial
statements of Vote 29 - Government Communication and Information System
(formerly the South African Communication Service) for the year ended
31 March 1999 [RP 139-99], the financial statements of Vote 14 -
Government Communication and Information System (GCIS) for the year
ended 31 March 2000 [RP 123-2000] and certain papers referred to it,
reports as follows:
A. Financial management
The Committee noted that the GCIS was established in May 1998 as a
result of a decision taken by Cabinet that the South African
Communication Service needed to be restructured and that the
Auditor-General's report for the 1998-99 financial year mainly
dealt with a period during which the Department was in the process
of restructuring. The Committee was left with an impression of an
accounting officer that is serious about his duties as steward of
public funds and the concommittant accountability to Parliament -
also that he has surrounded himself with senior staff members
equally serious about effective financial management.
The Committee wishes to report on the following matters dealt with
during the hearings:
1. Budgeting and planning
The Committee noted the agreement reached with the National
Treasury regarding the Department's budget which, in terms of
the MTEF, will be increased by approximately 8 to 10% per year
until 2003, at which point an appropriate base-line for future
budgeting processes will be reached. The Committee is
encouraged by the corrective measures introduced by the
Accounting Officer, and welcomes his assurance that the
Department's resources will be properly managed.
This is especially welcomed, given the Committee's concern
regarding the extent of the unspent funds during the 1998-99
financial year, which amounted to 19,2% of the total budget
allocated.
The Committee nevertheless recommends that the Accounting
Officer ensure that:
(a) effective monitoring of the Department's expenditure
against budget be carried out in respect of all its
programmes and subprogrammes in compliance with PFMA
regulations, and that, where necessary, corrective action
be taken immediately; and
(b) the Department apply proper principles of performance
budgeting as required in terms of the strategic plan.
2. Audit Committee and internal audit
The Committee was informed that the appointment of persons
from outside the Department has been finalised, and that the
internal audit section has been functioning relatively
effectively in terms of an approved charter. The Committee is
also satisfied with the report presented to them by the
Chairperson of the Audit Committee.
The Committee, however, requests a progress report to be
submitted by 31 October 2001, containing the following
information:
(a) Whether the internal audit component complies with the
requirements of section 76(4)(e) of the Public Finance
Management Act and Treasury Regulation 3.2.
(b) Whether the composition of the Audit Committee adheres to
the criteria as set out in section 77 of the Public
Finance Management Act and Treasury Regulation 3.1.
B. Unauthorised expenditure
The Committee took note of three instances of unauthorised
expenditure, totalling R3 997 167,84.
1. Noting that R3 738 148,79 relates to over-expenditure, the
Committee expressed its concern. As the expenditure charged
against the Vote exceeded the total amount voted by R3 738
148,79, this amount is regarded as unauthorised in terms of
section 33(1)(b)(i) of the Exchequer Act, 1975. A further
amount of R58 889,05 is also regarded as unauthorised in terms
of section 33(1)(c) of the Exchequer Act, 1975, since the GCIS
did not obtain prior Treasury approval to utilise a saving on
personnel expenditure for other purposes. Given the
circumstances at the time, as well as the comments of the
National Treasury and the corrective measures implemented by
the Department, the Committee recommends that these amounts be
authorised by Parliament.
2. A further amount of R200 130 is regarded as unauthorised
expenditure in terms of section 33(1)(d) of the Exchequer Act,
1975. The GCIS did not comply with Tender Board procurement
procedures in that they placed an order before written
approval had been granted by the State Tender Board, due to a
misunderstanding between the two. As the contravention was of
a technical nature, the services were rendered, the State
suffered no loss and the Auditor-General has indicated that
the expenditure can be authorised legally without detracting
from effective financial control, the Committee recommends
that the amount be authorised by Parliament.
C. Asset management
The Auditor-General has once more reported shortcomings in the
control over fixed assets. The Accounting Officer also reported
problems being experienced with the LOGIS asset management system.
While noting the Accounting Officer's prudent approach by having
regular reconciliation of fixed assets with the fixed asset
register, the Committee is concerned that the Department has
requested approval from the Treasury for the so-called "red-
lining" of the asset register in order to proceed with verifiable
starting balances in the register.
Although the Committee accepts that the Department does not have
any alternative if it wants asset management to proceed in a
proper manner from this point onwards, it is concerned about
assets that may have been lost in the process.
The Committee is also concerned about the reported inadequacies of
public sector asset management within the current cash-basis
accounting system. The Committee also took note of the concerns by
the National Treasury that the "red-lining" approvals were still
done in terms of the old Exchequer Act. Since the implementation
of the Public Finance Management Act, the responsibility, should
there be any deficits or surplus stock, lies with the Accounting
Officer.
The Committee therefore recommends that -
1. the Accounting Officer persist with his prudent approach of
regular physical reconciliation of the Department's bar-coded
fixed assets with the fixed asset register;
2. the Department fully comply with the various elements of new
Treasury Regulation 10, relating to asset management;
3. the Treasury comment by 31 October 2001 on the transversal
nature of the deficiencies regarding asset management within
the cash-based accounting environment, and specifically
indicate what aspects departments should concentrate on until
such time as better asset management will be possible within
the accrual accounting environment;
4. regarding the newly established government information centres,
the Accounting Officer report by 31 October 2001 on the
arrangements made to ensure that responsibility for the
maintenance and safeguarding of all equipment is clearly
fixed; and
5. the Department supply the Committee and the Portfolio Committee
on Communications with a cost-benefit exercise according to
which these government information centres had been
established.
D. Public Finance Management Act
The Committee took note of the steps already taken by the
Accounting Officer in aligning the Department's operations with
the requirements of the PFMA, and that further training of key
personnel is planned. The Committee recommends that the Accounting
Officer, in consultation with the National Treasury and with
reference to the formalised IPFA accreditation, ensure that an
appropriately accredited PFMA training intervention is implemented
within the Department.
E. Government's mid-term report
1. Unauthorised expenditure
Unauthorised expenditure to the amount of R2 918 400 was
incurred by the former accounting officer with the printing of
the mid-term report. Since the Committee recommended in its
Twelfth Report of 1999 to Parliament that the unauthorised
expenditure of R2 918 400 not be authorised by Parliament, the
case has been referred to the State Attorney. A combined
summons to the amount of R1 698 400 (the difference between
the actual amount paid and the quotation of the Government
Printing Works), plus interest calculated from 26 February
1997 at a rate of 15,5% per annum, as well as costs of suit,
were issued to the former accounting officer and the affected
company on 19 April 2000. On 27 March 2001 the Registrar of
the Court handed down a judgement for the amount of R1 698 400
against the former accounting officer, which is valid for 30
years.
The Committee therefore recommends that the balance of R1 220
000 of the total unauthorised expenditure be authorised by
Parliament, as the Department obtained value despite the fact
that the tender procedures had not been followed.
2. Recovery of unauthorised expenditure not authorised
The Committee furthermore noted the follow-up that was done by
the Department to secure a judgement in this case. The
Committee recommends that it be kept updated on the progress
made to give effect to the judgement on a bi-annual basis,
commencing 1 November 2001.
Report to be considered.
- Fourth Report of the Standing Committee on Public Accounts, dated 19 September 2001: The Standing Committee on Public Accounts, having heard and considered evidence on the Report of the Auditor-General on the financial statements of the Truth and Reconciliation Commission for the year ended 31 March 1999 [RP 38-2000], reports as follows:
1. Non-compliance with procurement regulations (Par 2.2.2, page 2)
The Committee has gathered detailed information regarding
procurement practices employed during the earlier life of the TRC.
This lead the Committee to conclude as follows:
The Committee is dissatisfied about the manner in which the matter
was dealt with by the TRC as well as by the State Tender Board.
The TRC argues that urgency and procedural uncertainty, inter
alia, contributed to the TRC not complying with applicable
procurement regulations, while the Tender Board provided incorrect
advice to the TRC. However, while the Committee is aware that the
deciding interpretation of the applicable legislation requires
that State Tender Board approval be obtained for major purchases
or payments, the following relevant facts were also noted:
(a) The TRC's strong identity as a body autonomous from the
government.
(b) The urgency with which the TRC and its infrastructure had
to be established and its initial short life expectancy.
(c) The anticipated life term of the TRC was a temporary
situation that lasted for the first four to six months of
operations. Once the permanent CEO was appointed, adequate
guidelines and procedures were adopted.
(d) There were bona fide attempts by the TRC to ascertain the
correct legal position in view of a number of conflicting
legal opinions, as well as direction from the State Tender
Board contrary to the final legal opinion.
(e) The assurance by the CEO that no monies were lost or
misused.
In view of the above, and the other information considered, which
indicated that value was received for the money spent, the
Committee recommends that the purchases and payments reported as
unauthorised be validated by Parliament.
However, the Committee is perturbed that bodies such as the TRC,
established with substantial independence from the government, are
often established within a vacuum with respect to a detailed
financial control environment, including procurement, fixed asset
management, the use of corporate credit cards and compensation
matters.
The Committee is aware of section 38(1)(m) of the PFMA, that
requires accounting officers to promptly consult and seek the
prior written consent of the National Treasury on any new entity
that a department or constitutional institution intends to
establish.
The Committee recommends that the National Treasury ensure that
when it considers such requests for consent, all elements of
proper financial management and corporate governance be
considered, including the establishment of proper control systems
from the beginning of the life of the new entity, as well as
financial management capacity in terms of staffing, skills and
information systems.
2. Transfer of assets (Par 3.7(a), page 5)
The Promotion of National Unity and Reconciliation Act requires
the assets of the TRC to be transferred to the Department of
Justice.
As most of the business of the TRC have been wound down, the
Committee recommends that the CEO obtain a certificate of
acknowledgement from the Director-General: Justice that all assets
transferred so far had been received and had been placed on the
asset register of the Department, including the valuable database
and all related documentation, as well as any information of the
TRC.
In addition, with regard to assets still to be transferred, a
similar process should be followed, and the CEO, as one of his
last actions, should confirm to the Committee as soon as possible
that a certificate of receipt for all remaining assets had been
received from the Director-General: Justice.
In both instances, the certificates must be made available to the
Auditor-General as soon as they become available.
The Committee also recommends that the Accounting Officer transfer
all valuable data of the TRC and other intellectual property to
the Department of Justice.
Report to be considered.
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Report of the Portfolio Committee on Agriculture and Land Affairs on Deciduous Fruit Industry, dated 2 October 2001:
The Portfolio Committee on Agriculture and Land Affairs, having considered the application by the National Agricultural Marketing Council for the implementation of proposed statutory measures in the deciduous fruit industry, reports, in terms of section 15 of the Marketing of Agricultural Products Act, 1996, that it has approved the recommendation of the Council.