National Assembly - 17 October 2001
WEDNESDAY, 17 OCTOBER 2001 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 15:04.
The Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
AGREEMENT BETWEEN GOVERNMENT AND LABOUR ON PUBLIC SERVICE WAGE NEGOTIATIONS
(Statement)
The SPEAKER: Order! Hon members, the Minister for the Public Service and Administration has requested an opportunity to make a statement on the final agreement reached between Government and the labour movement on Public Service wage negotiations. I will now give the Minister that opportunity. I should advise you that I have been informed that there is an agreement that there will be no party responses that will follow the statement.
The MINISTER FOR THE PUBLIC SERVICE AND ADMINISTRATION: Madam Speaker and hon members of this august House, I addressed the National Assembly on 10 October 2001 and stated the intention of Government to implement its original wage offer of 5%. Today, I would like to reflect on the developments that have been made by both Government and labour which, I believe, are fundamental in portraying our partnership and commitment to build an efficient and effective Public Service.
I also believe that that is in the spirit of accountability to both this Parliament and the country. I would like to state upfront that, as Government, we are convinced that central to the fundamentals of transformation is the need both to advance our partnerships with labour, and also to ensure the full involvement of labour, in a constructive manner, with Government in this process.
In negotiations - and this is in relation to the agreement that we reached on Sunday afternoon - our objectives were based on ensuring that we reach an agreement on all matters, including a multiterm agreement, restructuring and payment for performance in line with our wage policy. It should be stated here today that the convening of the PSCBC on a Sunday was extraordinary. It showed the commitment of labour and Government under the chairpersonship of Edwin Molatlhegi, the chairperson of the chamber: a commitment to reach an agreement that was in the interests of the country.
It was important for Government to inject a sense of urgency in the negotiations in order to ensure that the process was not endless and that it was result-orientated. In doing so, Government imposed deadlines that were presented before this Parliament. This was based on the fundamental processes that we needed to go through in order to effect the final agreement.
Insisting on implementation of our original wage offer, when we did not reach an agreement within the original timeframe required, was not based on Thatcherite tendencies, as many suggested, or a mechanism to undermine unions. It was based on concrete processes and experiences required as well as outlined in our Constitution. That is, the need to go through a parliamentary process in order to obtain additional funding.
We also did not want to unnecessarily focus our resources without clear timeframes and achievable goals. We were, therefore, serious about implementing the original wage offer, and such implementation, as stated at the time, must be seen in this context. However, we need to stress today that our main priority was to reach a negotiated settlement and, as a result, when the opportunity arose within the required timeframes, we then reviewed the deadlines. I therefore wish to confirm to the House that the wage negotiations in the Public Service have been concluded in terms of wage increases for this year, 2001-2002, and 2003 and 2004. The settlement actually covers a three- year period, including this financial year.
This agreement goes beyond the narrow focus on wages, and is consistent with the spirit of the Reconstruction and Development Programme. I want to remind everyone in this House that Chapter 5 of the RDP stated, and I quote:
… to rebuild a Public Service that will provide an excellent quality of service. The Public Service is the servant of the people and must be accessible, transparent, accountable, efficient and free of corruption.
All departments will undertake reviews in order to discontinue policies, programmes or projects that act against the spirit of the RDP and the Constitution.
This challenge of rebuilding the Public Service is not a simple one. It requires the joint efforts of all in the public sector. The remarkable aspect of this agreement is the constructive manner in which Government and labour agreed to resolve their differences when a dispute arises. For Government, the unity of the progressive labour movement and the labour movement as a whole, and this constructive arrangement between Government and labour, are critical in achieving our mutual objectives of rebuilding the Public Service.
It is against this background that the lengthy negotiation process concluded with a key agreement that resolved on a dispute mechanism, taking into account conciliation, arbitration or resorting to strike action or lock-out, as well as whatever other recourse there is in the law. This is in resolutions 9 and 10 of 2001.
The salary increase of all public servants was reflected to members, and will be an average of 5,8% on a sliding scale. The implementation of the salary increase is effective as from July 2001. For educators this means, as the Minister of Education reminded me earlier today, that educators at entry level who used to earn R2 617,25 will now earn R2 800,00 per month. Educators at level 12, who used to earn R16 283,50, will now earn R17 342,00 per month.
We could still break down the other sectors. In general, the entry levels in the Public Service will now be R2 003,00. In addition to this amount, all employees for this year will receive a once-off amount of R850,00, and the total increase for this year will amount to R5 billion.
I have no doubt that the current Public Service salary scales and the increases given this year are also in line with general trends in the labour market. Additionally, as stated earlier, the agreement spans three years. For the following two years, Government has agreed to increase salary rates above inflation as measured by the annual CPIX.
The Bargaining Council agreement also provides for a compulsory basic health care package and approved acting allowances. The multiterm agreement should be seen as a great achievement for employees, as it ensures certainty in salary increases, and it is also in line and synchronised with the Medium-Term Expenditure Framework. We believe that this will lead to stabilising labour relations in the Public Service.
The challenge of transformation is, however, vast. It requires the commitment and will of all leaders, public servants and the entire public. I want to reflect briefly on pay progression. Last year, rank and leg promotions were abolished within the Public Service. This was based on the fact that they promoted inequalities, and were unfair and unjust. Chapter 5 of the RDP recognised that, and I quote:
The present grading structures are very complicated and there were many ad hoc allowances. This must be rationalised to simple broad-banded structures based on competencies rather than qualifications and it must allow for clear career paths and lifetime training.
The ending of disparities should then be carried out in the context of regrading, establishing career paths, recognising prior competencies, accelerating developments and redeploying new priorities that enhance training programmes consistent with the National Training Strategy and the National Qualifications Framework.
The pay progression system under discussion has to be based on a fair system of performance. It is an output movement in salary from lower notches to higher salary notches. The upward movement will be based on performance management excellence. A system for pay progression has been developed for discussion in the council, and through negotiations that will commence in the task teams, this will be developed into a centralised framework to be adapted by sectors in order to fit their unique needs and service delivery requirements.
On the restructuring of the Public Service, I think it is necessary to say that restructuring is not about loss of jobs, as many people would like us to believe. In line with the Jobs Summit agreement, Government has committed to creating 20 000 jobs. The restructuring process is also not arbitrary. It is based on a fairly detailed strategic plan in terms of which departments are required to match service delivery targets to their human resource needs.
Excess personnel will be determined through the strategic planning process. When excess personnel are identified, a rigorous process to investigate alternatives will be undertaken. This includes, primarily, redeployment and also, of course, other means. When all alternatives have been explored, only then will the issue of retrenchments arise. In this context Government will put in place a social plan including training and the absorption of people into other areas of the economy. Unions will be involved in this process, including its monitoring.
The current negotiations in the PSCBC are about procedures to regulate the restructuring process in the Public Service. We know that the Jobs Summit agreement of January this year was a historic agreement between Government and labour on a framework that guides the process of restructuring and transforming the Public Service. As a result the resolution captured in this year’s agreement encapsulates the issues that have been discussed in the Jobs Summit agreement.
As part of this process, a special PSCBC was convened yesterday, 16 October, as decided on in the resolution of this year’s agreement. There it was agreed that negotiations will start on 24 October to 12 December 2001, when conclusion will be reached on the restructuring agreement. Some unions have signed, some have not. We can confidently say from the side of Government that everything was done and flexibility was shown in order to ensure that the concerns of labour were considered in this agreement.
I want to conclude by saying that this agreement was fostered in the context of building and strengthening the relationship between Government and labour, whilst at the same time ensuring that we are able to address the challenges facing the transformation of the Public Service, as we believe that it is in the interests of all parties to make this happen. I am confident that the commitments from both Government and labour to conclude the restructuring process will promote and ensure better service delivery as well as a better life for all South Africans. I am proud to say that this agreement is a manifestation of the theme of Government: ``Unity in action for change or ubambano kwimizamo yeenguqu’’. [Applause.]
The SPEAKER: Order! Thank you, Minister, for keeping Parliament informed. I would commend this practice to other Ministers because it is important that you keep Parliament informed of developments within your departments.
QUESTIONS AND REPLIES - see that book.
NOTICES OF MOTION
Mr S L DITHEBE: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House -
(1) notes that the visiting President of Algeria, the honourable Abdelaziz Bouteflika, praised hon President Thabo Mbeki’s role in the development of the continent;
(2) further notes that he also acknowledged the constructive and leading role that hon President Mbeki is playing in the conceptualisation of and the mobilisation for international support for the New Africa Initiative;
(3) believes that the statement made by the President of Algeria reflects the commitment of the President and the ANC-led Government to work for a better Africa and a better world;
(4) welcomes the comments made by President Abdelaziz Bouteflika of Algeria and commends President Mbeki for his constructive participation in the processes to entrench democracy in Africa, and also looks forward to the launch of the African Union (AU) on South African soil in July 2002; and
(5) applauds President Bouteflika’s contributions towards the democratisation of Algeria.
[Applause.]
Mev P W CUPIDO: Mev die Speaker, ek gee hiermee kennis dat ek op die volgende sittingsdag voorstel:
Dat die Huis -
(1) kennis neem van die toename in kinderprostitusie regoor ons land;
(2) ‘n beroep doen dat die Regering indringend kyk na die herinstel van ‘n toelaag vir skoolgaande kinders van werklose ouers; en
(3) derhalwe ‘n ernstige beroep doen op die Minister van Maatskaplike Ontwikkeling om daadwerklike stappe te neem om te sorg dat jong dogters in ons land beskerm word teen gewetenlose seksuele uitbuiting, misbruik en mishandeling. (Translation of Afrikaans notice of motion follows.)
[Mrs P W CUPIDO: Madam Speaker, I hereby give notice that on the next sitting day I shall move:
That the House -
(1) notes the increase in child prostitution across our country;
(2) appeals to the Government to take an incisive look at the reintroduction of a grant for school-going children of unemployed parents; and
(3) consequently makes an urgent appeal to the Minister of Social Development to take decisive steps to ensure that young girls in our country are protected against unscrupulous sexual exploitation, abuse and ill-treatment.]
Mr V B NDLOVU: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:
That the House -
(1) notes with regret that the number of rape cases is on the increase while the rapists are going free because some cases are being withdrawn;
(2) warns those who have been raped not to withdraw cases on the request of the rapists, because the culprits will rape again and again; and
(3) urges the police to find out the reasons for the withdrawing of rape cases, so as to prevent this from happening again.
[Applause.]
Ms L MABE: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House -
(1) notes that the Department of Trade and Industry will invest R360 million in a tourism pilot project as part of the Lubombo Spatial Development Initiative in KwaZulu-Natal;
(2) believes that the injection of these funds into this tourism pilot project will result in job creation and attract private investment into the tourism initiatives and other economic sectors of this Spatial Development Initiative; and
(3) welcomes the investment made by the Department of Trade and Industry.
[Applause.]
Mrs S M CAMERER: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move:
That the House -
(1) expresses its grave concern that -
(a) during the past two and a half years some 12 940 police officers
were charged with criminal offences - many of them violent
crimes;
(b) this shocking fact was revealed this week by the Minister of
Safety and Security in a reply to a question put to him by the
DA;
(c) it was also revealed that many of these officers were suspended
on full pay which cost the South African taxpayer some R800 000
per month during that period for no police work done; and
(d) while some charges were withdrawn and some officers were found
not guilty this is nevertheless a serious indictment of the
probity, moral and ethical standards in the SAPS; and
(2) therefore demands immediate and drastic steps by the Minister to inculcate higher standards and to root out criminal elements from the SAPS in order to ensure that South Africa has a respected and reliable law-enforcement agency, and to stop this waste of taxpayers’ money.
[Applause.] Mr J T MASEKA: Madam Speaker, 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 Government to acknowledge its incapacity in dealing with HIV/Aids, and thus abandon its stubborn resistance and rather allow and assist committed persons and organisations to unite in their daily fight against HIV/Aids;
(2) notes that this call comes in the light of the release of the Medical Research Council’s report on HIV/Aids;
(3) further notes that the report indicates that currently Aids kills more people than any other cause in South Africa, and that between five and seven million people will have died from this pandemic by 2010;
(4) rallies its support and expresses its concern at the MRC president’s comments that there was no greater threat to the African Renaissance than the spectre of HIV/Aids in South Africa; and
(5) additionally, in the light of the fact that the death amongst young adults could only be attributed …
[Time expired.]
Mr B W KANNEMEYER: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House -
(1) notes that the DP describes the international performances of South African sportspersons as pathetic;
(2) further notes that this scathing attack is directed at all sporting codes other than rugby and cricket;
(3) believes that this attack undermines the splendid performance of sportspersons such as Hestrie Cloete, Bronwyn Bock, Shaun Bartlett, Andrew Kelehe, Mark Fish and Desiree Ellis;
(4) demands that the DA explains these utterances to all our sports heroes and our people; and
(5) reaffirms its support for all sportspersons who represent our country internationally.
[Applause.]
Dr P W A MULDER: Mev die Speaker, ek gee hiermee kennis dat ek op die volgende sittingsdag namens die VF sal voorstel:
Dat die Huis -
(1) kennis neem daarvan dat - (a) die VF in die lig daarvan dat sensusvorms slegs in Engels beskikbaar was ‘n regsproses in werking gestel het om ‘n hofinterdik teen die betrokke departement te kry;
(b) die VF op hierdie werkswyse besluit het omdat dit oor belangrike
grondwetlike beginsels van taalverskeidenheid handel;
(c) na samesprekings tussen die VF en die verantwoordelike Minister,
Minister Manuel, die Minister ingestem het om 'n spesiale
telefoon-hulplyn in te stel vir mense wat hulle sensusvorms in
'n ander taal as Engels wil ontvang; en
(d) daar besluit is om in die lig van die Minister se aankondiging,
en die feit dat 817 000 Afrikaanse vorms nou versprei sal word,
nie voort te gaan met die hofinterdik nie; en
(2) dus ‘n beroep doen op die publiek om gebruik te maak van die telefoon- hulplyn om sodoende te verseker dat die sensus vlot verloop en ook die Minister bedank vir die wyse waarop hy die probleem hanteer het. (Translation of Afrikaans notice of motion follows.)
[Dr P W A MULDER: Madam Speaker, I hereby give notice that on the next sitting day I shall move on behalf of the FF:
That the House -
(1) notes that -
(a) in the light of the fact that census forms were available in
English only, the FF has proceeded with a legal action in order
to obtain a court interdict against the department concerned;
(b) the FF has decided on this course of action because important
constitutional principles regarding language diversity are at
stake;
(c) after discussions between the FF and the Minister responsible,
Minister Manuel, the Minister agreed to the establishment of a
special helpline offering telephonic assistance to people who
prefer to receive their census forms in a language other than
English; and
(d) in the light of the Minister's announcement and the fact that
817 000 Afrikaans forms will now be distributed, it has been
decided not to proceed with the court interdict; and
(2) therefore calls upon the public to use the telephonic helpline in order to ensure that the census proceeds smoothly, and also thanks the Minister for the manner in which he has dealt with the problem.]
Mrs R M SOUTHGATE: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ACDP:
That the House -
(1) notes with great concern the irresponsible action by the ANC Government to withdraw from the ``Sex Tourism: Myth or Reality?’’ conference that is currently under way in Cape Town, where they are discussing how Government can address and redress legislation in relation to the protection of our children facing this industry;
(2) further notes that the ACDP notes with alarm that children and women in South Africa have become part of the traffickers’ human contraband, and that -
(a) children as young as 13 years old are kidnapped by gangsters,
held captive and used for sex trade; and
(b) women and children are trafficked from overseas in South East
Asia, Eastern Europe and other countries in Africa to work as
sex slaves in South Africa;
(3) calls on Government to -
(a) apologise to the organisers and organisations present at this
conference;
(b) set a date when a conference of this nature can be held;
(c) not only pay lip service on certain occasions during the year;
and
(d) be seen to be the protectors, and listen to the plight of our
children, when in fact their present actions disqualify that ...
[Time expired.]
Ms M C LOBE: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House -
(1) notes that -
(a) the Prime Minister of Britain, Mr Tony Blair, expressed support
for the creation of a Palestinian state following a meeting with
President Yasser Arafat of the Palestinian Liberation
Organisation; and
(b) reports that the Israeli government has indicated that it has
qualified support for the creation of the Palestinian state;
(2) believes that the emerging consensus on the creation of the Palestinian state contributes towards the creation of necessary conditions for the peaceful resolution of the Middle East crisis; and
(3) calls on all role-players to the conflict to resume negotiations for a peaceful resolution of the Middle East question.
[Applause.]
Mr S E OPPERMAN: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DP:
That the House -
(1) notes that investigations are under way to determine whether certain individuals received benefits in an unlawful and corrupt manner in connection with the arms deal;
(2) congratulates the law enforcement agencies for their decisive action and encourages them to deal with these matters without fear or favour; and (3) calls on political parties represented in this House to declare to the South African public and law enforcement agencies if any party or any of their members has received any donations or benefits directly or indirectly from any one of the people or companies linked to the arms deal.
[Interjections.] [Applause.]
Mr E T FERREIRA: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:
That the House -
(1) notes with regret that the number of cases involving serious assault, common assault and housebreaking are very high in South Africa;
(2) urges the police to investigate these cases, and the criminal justice system to penalise the offenders so as to prevent the recurrence of these cases; and (3) thanks those police officials who work hard to prevent crime and to apprehend the criminals.
Ms N M TSHEOLE: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House -
(1) notes -
(a) the Macufe and the cultural festivals held by the Free State and
the Northern Cape provinces in Bloemfontein and Upington
respectively, during the week ending 12 October 2001; and
(b) that these were successful and fully integrated cultural
festivals;
(2) believes that -
(a) our respective cultures are a heritage we need to jealously
guard and promote; and
(b) respect for and promotion of our diverse cultures is a
cornerstone on which nation-building is premised;
(3) acknowledges the efforts made by the different provinces in celebrating our rich cultural diversity; and
(4) expresses the hope that these efforts will lead to a new patriotism which our country needs to succeed.
[Applause.]
Mr J DURAND: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move:
That the House -
(1) notes that a review conducted by the national Treasury, shows -
(a) hundreds of millions of rands allocated for housing being rolled
over from one year to the next;
(b) that the provision of low-cost housing continues to be slowed
down by poor capacity, lack of finance and inadequate planning;
(2) believes that this is the result of the ANC Government’s ``jobs for pals’’ policy;
(3) congratulates the Western Cape on spending all their funds allocated for housing, proving our commitment to service delivery and putting all the people first; and
(4) calls on the Minister of Housing to root out mismanagement in her department, because failing to do so will be at the cost of the 7 million homeless people in South Africa. [Interjections.] [Applause.]
Prof L M MBADI: Madam Speaker, 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) welcomes the tourism and development incentive package of R360 million for the Lubombo Spatial Development Initiative in KwaZulu- Natal;
(2) proposes that a fine balance be struck between development and job creation on the one hand, and ecological sensitivity on the other; and
(3) urges the Government to continue with strategies which are in tune with the realities and needs of South African economic growth and development, thereby empowering citizens to improve their standard of living, by equipping them with basic services such as housing, water, electricity and health services, as well as the provision of recreational outlets for both the population and tourists.
[Applause.]
INTERNATIONAL DAY FOR THE ERADICATION OF POVERTY
(Draft Resolution)
The ACTING CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice:
That the House -
(1) notes that today, 17 October 2001, is the International Day for the Eradication of Poverty;
(2) recognises that poverty affects millions of people throughout the world, and particularly women and children in the developing world;
(3) believes that there is a critical need for the eradication of poverty to dominate the world political agenda in order to achieve lasting peace, democracy and development throughout the world; and
(4) calls on all public representatives, leaders of government, the private sector and nongovernmental organisations, to use this day to pledge their commitment once again to the eradication of poverty.
Agreed to.
CHILD KILLED IN CROSSFIRE ON THE CAPE FLATS
(Draft Resolution)
Mr M J ELLIS: Madam Speaker, I move without notice:
That the House -
(1) expresses its shock and distress at the death of yet another child, killed in the crossfire between warring gangs on the Cape Flats;
(2) sends its condolences to the family of 11-year-old Anthonia Petersen who died when a stray bullet struck her while she was outside her home;
(3) recognises the heroism of Anthonia who covered her younger sister’s body with her own to protect her sister from the bullets; and
(4) calls on all peace-loving people to work together to end such senseless violence and make our neighbourhoods safe for our children.
Agreed to.
The House adjourned at 17:41. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
ANNOUNCEMENTS:
National Assembly:
- The Speaker:
The following paper tabled on 12 October 2001 is referred to the
Portfolio Committee on Justice and Constitutional Development:
Third Interim Report of the South African Law Commission on
Simplification of Criminal Procedure (The right of the Director of
Public Prosecutions to appeal on question of fact), Project 73 [RP 58-
2001].
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
(1) Report and Financial Statements of the Special Investigating
Unit for 2000-2001.
(2) Supplement to the Report and Financial Statements of the Special
Investigating Unit for 2000-2001, including the Reports of the
Auditor-General on the Financial Statements for 2000-2001 and on
the achievements by the Special Investigating Units for 2000-2001.
- The Minister of Arts, Culture, Science and Technology:
(1) Report and Financial Statements of the National Research
Foundation for 2000-2001, including the Report of the Auditor-
General on the Financial Statements for 2000-2001.
(2) Report and Financial Statements of the Human Sciences Research
Council for 2000-2001, including the Report of the Auditor-General
on the Financial Statements for 2000-2001 [RP 102-2001].