National Council of Provinces - 16 November 2001

FRIDAY, 16 NOVEMBER 2001 __

          PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
                                ____

The Council met at 09:31.

The Deputy Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.

                          NOTICES OF MOTION

Mr P D N MALOYI: Chairperson, I give notice that I shall move at the next sitting of the Council:

That the Council -

(1) notes with concern attempts by the Democratic Party to deny the South African public the right to information by walking out of the House (National Assembly), apparently in protest against the tabling of the report by three investigation units mandated by Parliament;

(2) further notes that this is the very same party that always claims to be an advocate of transparency and yet when Parliament practises transparency, they decide to walk out;

(3) believes that South Africa achieved its democracy through constructive engagement and that this is the spirit that should be conserved;

(4) therefore appeals to the Democratic Party to stop this puerile behaviour of walking out when things do not go their way; and

(5) further appeals to the Democratic Party to start considering its tactics form and embrace the spirit of debate and constructive criticism rather than confrontation in the new year.

Mr A E VAN NIEKERK: Chairperson, I give notice that I shall move at the next sitting of the Council: That the Council -

(1) notes that Jan Rabie, a pioneer of Afrikaans protest literature, has died after a long illness at 81 years of age;

(2) also notes that Rabie joined forces with writers such as N P van Wyk Louw, André P Brink, Chris Barnard and Etienne le Roux in the 60s;

(3) acknowledges that the so-called ``Sestigers’’ irked the old National Party Government of H F Verwoerd and John Vorster with their sustained pen campaign against apartheid - several of their books were banned; and

(4) further notes that Rabie leaves his wife, painter Marjorie Wallace.

Mev J WITBOOI: Voorsitter, ek gee kennis dat ek tydens die volgende sitting van die Raad sal voorstel:

Dat die Raad kennis neem -

(1) dat die DA se Wes-Kaapse kongres Saterdag te Stellenbosch ‘n klug en bloot ‘n publisiteit- en intimidasie-foefie is;

(2) dat die DA geen ledebasis of takke in die Wes-Kaap het nie en dat die oudit van lidmaatskap nou oorboord gegooi word om enigiemand na die sogenaamde kongres te nooi;

(3) dat die Nuwe NP ‘n beroep op raadslede doen om kalm te bly en hulle nie te laat intimideer deur die DP, wat tot onlangs groot kampvegters was vir die skrapping van die anti-oorloopklousule, en nou die klousule aangryp om raadslede van hulle keuse van ‘n politieke party te beroof; en

(4) dat die Nuwe NP hierdie ondemokratiese wyse van goedkoop en bedrieglike politiek verwerp en ‘n beroep doen op raadslede om hulle nie te laat misbruik deur politici wat dubbele standaarde predik nie.

[Applous.] (Translation of Afrikaans notice of motion follows.)

[Mrs J WITBOOI: Chairperson, I give notice that during the next sitting of the Council I shall move:

That the Council notes -

(1) that the DA’s Western Cape congress at Stellenbosch on Saturday is a farce and merely a publicity and intimidation stunt;

(2) that the DA has no membership basis or branches in the Western Cape and that the membership audit is now being thrown overboard in order to invite anyone to the so-called congress;

(3) that the New NP calls on councillors to remain calm and not to allow themselves to be intimidated by the DP who, until recently, were great champions for the scrapping of the clause which prohibits members from crossing the floor, but who are now seizing at this clause to rob councillors of their choice of a political party; and

(4) that the New NP rejects this undemocratic style of cheap and deceitful politics and appeals to councillors not to let themselves be misled by politicians who are preaching double standards.

[Applause.]]

Mr K D S DURR: Chairman, I give notice that I shall move at the next sitting of the Council:

That the Council -

(1) notes that -

   (a)  hundreds of Libyan troops have entered Zimbabwe to prop  up  the
       security  of  President  Mugabe,  as  President  Robert   Mugabe
       increasingly cannot rely on his own people;


   (b)  60 tourism companies have closed  down  in  Zimbabwe  this  year
       alone as well as the three main Zimbabwean bakeries with 10  000
       standing to lose their jobs;


   (c)  state-sponsored violence is being  increasingly  waged  by  Zanu
       (PF) militants and so-called war veterans against trade  unions,
       schools, newspapers, businesses and farmers; and


   (d)  the courageous recent statement on Zimbabwe by the president  of
       Botswana draws attention to the excesses  of  this  rogue  state
       that is lurching on to disaster; and

(2) calls upon the Government of South Africa to take urgent steps to protect South African nationals and our national interest in that country.

HON MEMBERS: Hoor, hoor! [Hear, hear!]

   REPORT ON FORENSIC INVESTIGATION INTO ARMS ACQUISITION PROCESS

                         (Draft Resolution)

Mr M A SULLIMAN: Chairperson, I move without notice:

That the Council -

(1) notes the release of the report on the year-long forensic investigation by the Auditor-General, the Public Protector and the National Director of Public Prosecutions into the arms acquisition process;

(2) further notes that the report has cleared Government of any wrongdoing during this process;

(3) believes the exoneration of Government confirms its commitment to clean and accountable governance; and

(4) calls on opposition parties to accept the outcome of this independent investigation and to refrain from misleading ordinary South Africans by twisting the truth for cheap political gain.

The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Is there any objection?

Mr J L THERON: Yes, Chairperson.

The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! In the light of the objection, the motion may not be proceeded with. It will now become notice of a motion. DEATH OF MR HOOSAIN PAHAD

                         (Draft Resolution)

Ms S N NTLABATI: Chairperson, I move without notice:

That the Council -

(1) notes with sadness the sudden departure of Mr Hoosain Pahad, father to honourable Ministers Essop and Aziz Pahad;

(2) further notes that Mr Hoosain Pahad, a former member of the Transvaal Indian Congress, made a special contribution in the struggle against apartheid; and

(3) offers its condolences to the family.

Motion agreed to in accordance with section 65 of the Constitution.

   ANNIVERSARY OF ARRIVAL OF FIRST INDENTURED LABOURERS FROM INDIA

                         (Draft Resolution)

Mr N M RAJU: Chairperson, I move without notice:

That the Council -

(1) notes that today, 16 November 2001, marks the arrival of the first batch of indentured labourers from India to kick-start the nascent sugar industry in colonial Natal in 1860;

(2) further notes that the small Indian minority now nearing just over a million people have since shown remarkable resilience in the face of adversity in making significant contributions towards enriching the texture of life in South Africa in the arts and sciences, law and medicine, education, commerce industry and in politics, no less; and

(3) joins its fellow South African compatriots in observing the anniversary of the arrival of their forebears 141 years ago.

Motion agreed to in accordance with section 65 of the Constitution.

           WEARING OF HATS ON LAST SITTING DAY OF SESSION

                         (Draft Resolution)

Mr A E VAN NIEKERK: Chairperson, I move without notice:

That the Council -

(1) notes that there is a convention in this Council that on the last sitting day members wear hats;

(2) further notes that today members ignored this convention, except for the Chairperson of Committees, who is wearing a hat on her dress; and

(3) resolves to look into this convention and be aware of it next year this time.

[Interjections.]

Motion agreed to in accordance with section 65 of the Constitution.

                  DEATH OF MOTHER OF MR T S SETONA

                         (Draft Resolution)

Ms C S BOTHA: Chairperson, I move without notice:

That the Council expresses its sympathy with Mr Setona, the delegate from the Free State, whose mother passed away yesterday.

Motion agreed to in accordance with section 65 of the Constitution.

The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Our condolences will be sent to the Setona family.

                 MURDER CHARGE AGAINST PIET ODENDAAL

                         (Draft Resolution)

Rev M CHABAKU: Chairperson, I move without notice: That the Council -

(1) notes with disdain and distress that Piet Odendaal’s charge was altered from murder to homicide by the High Court in Bloemfontein on Monday, 12 November 2001;

(2) notes that he was given a seven-year sentence for murdering and dragging the body of his employee Mampuru for over five kilometres on gravel road; and

(3) is aware of the racial implications of such convictions and hopes that the leave to appeal that has been granted him will ensure that punishment will be commensurate with the gravity of this crime, which makes human life seem to be cheap.

The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Is there any objection to this motion? I am trying to find out from the Council whether we can decide on a matter where the court must give a decision. Will it be appropriate for us to deliberate on this? I have difficulty with it as the Chair.

Mr A E VAN NIEKERK: Chairperson, I object on those grounds.

An HON MEMBER: Sentence has been passed.

The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Yes, but there is a notice to appeal. The court will decide whether to allow the appeal or to uphold the judgment passed by the court. It is still a matter which will be decided upon. I will accept an objection from Mr Van Niekerk. Even from the Chair, I was not going to allow this motion to be approved. It will therefore become notice of a motion.

       ``WOORDEBOEK VAN DIE AFRIKAANSE TAAL'' ACT REPEAL BILL

            (Consideration of Bill and of Report thereon)

Mr D M KGWARE: Chairperson, hon Deputy Minister, hon colleagues, in our new- found democracy it is important that we, as legislators elected by the people of this country, respond to the vision contained in our Constitution, which is stated in the following words:

We, the people of South Africa … Believe that South Africa belongs to all who live in it, united in our diversity.

As does our Constitution, all of us recognise that the entity described as the South African nation is made up of diverse linguistic and cultural groups. The Bill before us today provides for the repeal of the ``Woordeboek van die Afrikaanse Taal’’ Act of 1973, and for matters connected therewith. The abrogation of the Act should be seen against the evolving linguistic background which seeks to give a common identity to a nation once divided by the according of superior status to a popular language.

It was this vexing question that almost took us as a nation into the abyss, and yet as we meet here today there are those amongst us who would argue for protection against what some call the marginalisation of their language and culture. Nothing can be further from the truth. The real problem lies in a very fundamental question: What must we do to create a situation of equality amongst our diverse linguistic groups?

As a Government elected by the people, we are mandated to correct this historically skewed situation. Section 6(5)(a) of the Constitution clearly lays down the challenge to us. The Pan South African Language Board, established by national legislation, must promote and create conditions for all languages. We are also mindful that in order to do so, we should give consideration to the concerns and views of all stakeholders across the linguistic, cultural and racial divides.

The ``Woordeboek van die Afrikaanse Taal’’ Act Repeal Bill is in this respect in line with the constitutional obligation, in that it provides for the establishment of lexicography units for all our languages. These units will not only ensure the preservation and documenting of our languages, but also the creation of monolingual defining dictionaries to satisfy the users and potential users of our languages. The Bill was drafted jointly by the Pan South African Language Board and the Department of Arts, Culture, Science and Technology.

In terms of the legal obligation of PanSALB, the bureau of the Woordeboek van die Afrikaanse Taal'' will be succeeded by the Pan South African Language Board Act of 1995. The Bill provides for the devolution of all the assets, rights and obligations to the newWoordeboek van die Afrikaanse Taal’’ section 21 company. With regard to the rights and service conditions of employees of the Woordeboek van die Afrikaanse Taal'', all employees will remain in employment, as provided in the Labour Ralations Act, and the newWoordeboek van die Afrikaanse Taal’’ section 21 company will be tied to all the agreements entered into with the trade unions.

In conclusion, we are convinced that the linguistic richness of the Afrikaans language will continue to prosper and that its use will be greatly enhanced in the new era. We will all join hands to see to it that all languages get equal status - Afrikaans, English, isiZulu and others. [Applause.]

Debate concluded.

Declaration of vote:

Mnr A E VAN NIEKERK: Voorsitter, namens die Nuwe NP wil ek die volgende stemverklaring doen. Met die herroeping van die Wet op die Woordeboek van die Afrikaanse Taal, soos gewysig, bereik die proses van woordeboekmaak in Suid-Afrika ‘n baie mooi hoogtepunt. Voortaan kan Afrikaans en die ander inheemse tale in Suid-Afrika saam woordeboeke ontwikkel, in belang van al die tale se gebruikers. Aangesien nie net eentalige woordeboeke saamgestel sal word nie, maar ook meertalige woordeboeke, sal dit ook ‘n daadwerklike bydrae kan lewer tot die noodsaaklike bevordering van veeltaligheid in Suid-Afrika. (Translation of Afrikaans paragraphs follows.)

[Mr A E VAN NIEKERK: Chairperson, on behalf of the New NP I want to make the following declaration of vote. With the repeal of the `Woordeboek van die Afrikaanse Taal’ Act, as amended, the procedure of compiling dictionaries in South Africa has reached a very fine culmination.

From now on Afrikaans and the other indigenous languages in South Africa can compile dictionaries together, in the interests of the users of all the languages. Because not only unilingual dictionaries will be compiled, but multilingual ones as well, this will also make a decisive contribution to the prerequisite promotion of multilinguism in South Africa.]

In 1893 the Woordeboek van de Nederlandse Taal'' in the Netherlands approached President Paul Kruger for financial help to save that dictionary and 250 pounds were donated. Now that theWoordeboek vir Afrikaans’’ has become a section 21 company and is in need of donations, our language friends in the Netherlands should take note of the historic facts and consider their involvement in this new lexicography era.

We support the Bill.

Bill agreed to in accordance with section 75 of the Constitution.

               ACADEMY OF SCIENCE OF SOUTH AFRICA BILL

            (Consideration of Bill and of Report thereon)

The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): I take this opportunity to welcome the Deputy Minister of Arts, Culture, Science and Technology.

The CHIEF WHIP OF THE COUNCIL: Chairperson, the hon the Deputy Minister has undergo an operation and it is extremely difficult for her to stand as she speaks to the House. May I ask you, Chairperson, to permit her to address the House whilst seated?

The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Musheana): The hon the Deputy Minister is welcome to do so.

The DEPUTY MINISTER OF ARTS, CULTURE, SCIENCE AND TECHNOLOGY: Chairperson, members of the House and colleagues, science academies play a valuable role in the science and technology systems of many countries. In South Africa different academies and similar bodies have, until now, furthered the interests of different sections of our scientific community, often very competently. We are now ready to recognise a single representative body as an academy that can embody the interests of all sectors of the scientific community rather than just specific subgroups.

To date, the academy has functioned as an unofficial body. It was initially established in 1989. Post 1994, scientists interested in the academy began a process of extensive consultation to ensure that they established a representative science academy; an academy that would be home to the natural sciences, social science, the humanities, the economic sciences, engineering and the health sciences, as well as agricultural sciences.

We are happy today that indeed this has happened. After an extensive consultative process, the Academy of Science of SA, Assaf, came into being in 1996 at an inaugural meeting where its founding members accepted its constitution. Its membership includes a wide variety of scientists from all scientific disciplines and indeed it is nondiscriminatory on the basis of race and gender.

Government has a distinct need for an overarching academy that is the only officially recognised body representing the full spectrum of South African scientists. There are occasions when inputs from scientists are needed from a single reputable source. In the process of international co-operation, it is often appropriate to enter into co-operation agreements with academies in other countries, for which we need a local academy that has official status.

Scientists themselves who have to consider accepting membership need the assurance that the body they are invited to join is indeed a distinguished body, of which it will be an honour to be a member. We expect Assaf to meet the needs as mentioned and that the Government will productively utilise Assaf to provide advice on policy and strategy.

The Bill establishes what I have been referring to by its acronym Assaf, the Academy of Science of SA, which will seek to mobilise the whole science and technology community. Its objectives will be to promote common ground in scientific thinking across all scientific fields and, in addition, to promote the optimum development of the intellectual capacity of all people in the country. It must further provide effective advice and facilitate appropriate action in relation to the collective needs, opportunities and challenges of all South Africans in the field of science and technology.

The objectives of the academy are designed to ensure that individuals who have made significant contributions to science act in concert and across all disciplines in providing direction to the scientific community. They must facilitate appropriate action in relation to the collective needs, threats, opportunities and indeed challenges of all South Africans.

The Bill provides, then, for the establishment of this academy, an autonomous body corporate with perpetual succession and legal personality. The expectation is that it will articulate scientific viewpoints, information and thinking within the scientific community. We anticipate that it will become a valuable source of advice on matters of Government science and technology policy. It is regarded as appropriate that the academy be established under its own dedicated legislation. This will provide full clarity regarding its functions and provide the basis for the openness and transparency of its activities. The academy will thereby become known to the public at large.

Large parts of the legislation are based on the content of the constitution according to which the academy is already operating. To emphasise its status as the only officially recognised academy, the Bill therefore proposes the repeal of the Suid-Afrikaanse Akademie vir Wetenskap en Kuns Act. As a body corporate with perpetual succession and legal personality sanctioned by an Act of Parliament, Assaf will enjoy international acceptance and credibility as its reputation is thus recognised and its constitution or objectives cannot be changed at will.

The academy differs from existing bodies such as the SA Akademie vir Wetenskap en Kuns and the Engineering Academy of SA in that it serves all language and cultural groups in all disciplines of science. The SA Akademie vir Wetenskap en Kuns is the only similar body that is currently recognised by law, hence that body’s Act is the only Act that needs to be repealed.

We are currently in discussion with the SA Akademie vir Wetenskap en Kuns, recognising that the transitional arrangements in the legislation allow for the SA Akademie vir Wetenskap en Kuns not to lose momentum in its work. The members of that body expressed support for this Bill, but we wish to determine any involvement they may need from us to transform their organisation’s status in a way that will enable them to continue playing the constructive role that they are capable of. [Applause.]

Mr N M RAJU: Chairperson, hon Deputy Minister and colleagues, in October 1989 a need was identified for the establishment of an academy that was truly representative of all scientific disciplines - that is, natural science, social science, the humanities, economic science, engineering, health science and agricultural sciences - within all cultural communities. As a result thereof, the Academy of Science of SA, or Assaf, as the hon the Deputy Minister has pointed out, has now been established with support and representation from a wide variety of scientists from all scientific disciplines and communities.

The Bill provides for the establishment of Assaf as an autonomous body corporate with perpetual succession and legal personality. The Minister of Arts, Culture, Science and Technology will utilise Assaf to provide the department with advice and perform specific functions such as entering into agreements with peer organisations in other countries. Assaf will be the only science academy recognised by Government.

As a body corporate with perpetual succession and legal personality sanctioned by an Act of Parliament, Assaf will enjoy international acceptance and credibility as its constitution and objects cannot be changed at will.

The objects of Assaf are aimed at ensuring that individuals who have made significant contributions to science, act in concert and across all disciplines in providing direction to the scientific community and at the facilitation of appropriate action in relation to the collective needs, threats, opportunities and challenges of all South Africans.

In terms of clause 17, the Suid-Afrikaanse Akademie vir Wetenskap en Kuns Act of 1959 is repealed so that only one science academy, which has an overarching scope of activity, is recognised. [Interjection.]

Assaf acts as an autonomous body, while its members are elected on the basis of the highest level of scientific thinking and knowledge and on the basis of a significant contribution in the service of the nation as a whole.

Assaf acts as an independent instrument, enabling the scientific community to make sufficient contributions to policy, advisory or implementation bodies, in a co-ordinated and representative manner. [Applause.]

Ms J L KGOALI: Chairperson, I thought I got married years ago and that my surname had not changed. I am still Kgoali. I can see here on the speakers’ list that they decided to spell my surname in the manner in which they did, but I am sure this will be corrected at some stage. One of the indicators of the degree of sophistication of a country’s science and technology systems is the range of science and technology institutions that exist in that particular country. This Bill officially introduces one of the last national bodies that our country needs in order to put its systems on par with the best in the world, namely the Academy of Science of SA, commonly known as Assaf.

The national bodies in this set of institutions include a comprehensive range of research institutions, such as the CSIR, the Medical Research Council and several others. Our national standards body, the SA Bureau of Standards, has been rated as one of the best in the world by an international review panel.

At our universities one can find research units that do extremely sophisticated research. These research bodies can, however, only function optimally if they are directed properly by a range of umbrella bodies that set the tone for science and technology activities in the country.

At this stage, we have bodies such as the National Advisory Council on Innovation, the National Science and Technology Forum, professional bodies, including the SA Council for Natural Scientific Professions, and others. The Academy of Science of SA will enrich this group of bodies significantly and we welcome its formal establishment through this Bill.

As we know, the academy has been in existence for a few years, functioning as an unofficial body. It is therefore appropriate that we pay tribute today to those dedicated people who were instrumental in establishing the academy. We admire their dedication, vision and perseverance. We can today all be proud that through their efforts, an academy of science has been established that is representative of all cultural groups and all scientific disciplines in the country.

Those founding members and, indeed, all academy members and all scientists can now look back in satisfaction on their activities over the past years knowing that they have achieved something worthwhile. They will probably be pleased that today this Bill is going through one of its final stages in becoming law.

Students of science and technology systems today generally recognise that one of the critical success factors for science and technology is cross- pollination between different fields of science and technology.

The academy provides a very useful platform for eminent scientists and engineers to get together, to network, and thus to exchange views and ideas in a way that will promote the advancement of science in the country.

We would be amiss not to also recognise the support which other learned associations in the country have given to this academy. In fact, the active support that many of them gave the academy until now has been an important factor in bringing about the achievement that we are witnessing with the passing of this Bill.

We think of bodies such as the Royal Society of SA, the SA Akademie vir Wetenskap en Kuns and the Engineering Academy of SA. These bodies are all anxious to co-operate with this academy. We trust that the academy will take up the challenge of becoming a worthy co-ordinator of activities of all these bodies and their members. We are indeed pleased to note that members of these bodies now have dual membership of Assaf and of one of the more specialised bodies which they belonged to earlier. The South African Government is keenly aware of the need for it to be aware of the views of eminent scientists regarding science and technology policy and strategy. It is certain to find this academy a valuable body in this regard. We expect that the Government will regularly assist the academy and request it to investigate science policy options and to use fruitfully the advice that emanates from this body.

This academy’s task is by no means trivial, and we trust that Government will be able to give it the moral support to fulfil its obligations. Its objective of promoting scientific thinking in the country is formidable, given the small fraction of the population that is scientifically literate at this point in time. We are confident that the academy will be able to find a niche for itself in the range of activities that need to take place to increase the depth and breadth of understanding of science in South Africa.

In this age in which globalisation and international networks are so important, we also have great expectations that the academy will help South Africa in its scientific collaboration with other countries. We are pleased to note the international activities they have already embarked upon, such as the co-operation agreement with their counterpart academy in Russia. We wish them well furthermore with the assistance that they will be able to give regarding the establishment of academies where they do not exist in other allied countries.

The last important task that we wish to mention is that of scientific publishing. Through quality publications, they can become the shop window of excellence of the scientific community in South Africa.

We commend the Ministry of Arts, Culture, Science and Technology for presenting us with this Bill and we have no hesitation in supporting it. [Applause.]

Mnr A E VAN NIEKERK: Voorsitter, baie dankie, die Akademie vir Wetenskap en Kuns het in die vroeë negentigerjare saam met die Royal Society die leiding geneem om die Academy of Science of South Africa te stig. Hierdie wetsontwerp vestig Assaf as ‘n outonome liggaam en regspersoon, wat as die enigste wetenskap akademie deur die staat erken sal word.

Assaf verskil van bestaande liggame soos die Akademie vir Wetenskap en Kuns, die Royal Society en die Akademie van Ingenieurs van Suid-Afrika, deurdat dit alle taal- en kultuurgroepe in alle wetenskap dissiplines, insluitende die geesteswetenskappe, sal bedien.

Die wetsontwerp skep ‘n juridiese persoon, maak voorsiening vir sy doelwitte en funksie, verhoudings met die regering, samestelling van die akademie, sy raad, komitees, voorwaardes vir aanstellings en bedankings, ens.

Die wetsontwerp herroep die SA Akademie vir Wetenskap en Kunswet, 1959 en bepaal die oorgangsmaatreëls vir verwante sake. Dit is egter belangrik dat dit nie die akademie self vervang nie. Lede van die akademie is taamlik verward hieroor.

Die akademie bly op sy eie stoom voortbestaan en sal steeds sy kundigheid inspan vir die Afrikaanse gemeenskap, maar ook vir die ander inheemse groepe as hulle dit sou wou hê. Dit is ‘n hulpbron wat moet voortbestaan en aangewend moet word. Ek bedank die agb adjunkminister en haar departement vir hul positiewe gesindheid jeens die werk wat die akademie in die verlede gedoen het en die positiewe rol wat dit in die toekoms moet speel.

Ongelukkig is daar ‘n bitter smakie in die mond. Ondanks talle versoeke bestaan die gevoel dat die akademie nie voldoende geraadpleeg is in die regering se besluit om summier die statutêre bestaan van die akademie te beëindig en om terugwerkend die klein, maar broodnodige, jaarlikse subsidie van R128 000 terug te trek nie.

Nietemin het die uitvoerende bestuur van die akademie dit herhaaldelik beklemtoon dat hy nie die aanvaarding en inwerkingstelling van die wetsontwerp enigsins in gevaar wil stel of teenstaan nie. Die wetenskapgemeenskap het ‘n aantal jare lank hard gewerk om dié wetsontwerp tot stand te bring. Die proses wat veral deur die departement gevolg is, het nie die gewenste bewuswording of algemene deursigtigheid onder die parlementêre verteenwoordigers of die breë publiek bewerkstellig nie.

Dit is jammer, maar die Nuwe NP ondersteun nogtans die wetsontwerp. [Applous.] (Translation of Afrikaans speech follows.)

[Mr A E VAN NIEKERK: Chairperson, thank you very much, the Akademie vir Wetenskap en Kuns, together with the Royal Society, took the lead in the early 1990s to establish the Academy of Science of South Africa. This Bill establishes Assaf as an autonomous body and a juristic person, which will be recognised by the state as the only science academy.

Assaf differs from existing bodies such as the Akademie vir Wetenskap en Kuns, the Royal Society and the Academy of Engineers of South Africa, in that it will serve all language and cultural groups in all science disciplines, including the humanities. This Bill creates a juristic person, makes provision for its objectives and its function, its relationship with the government, the composition of the academy, its council, committees, conditions for appointment and resignation, etc.

This Bill repeals the Akademie vir Wetenskap en Kuns Act, 1959 and determines the transitional measures for related matters. However, it is important that this does not replace the academy itself. Members of the academy are fairly confused about this.

The academy will continue to exist in its own right and will still employ its expertise for the Afrikaans community, but also for other indigenous groups if they too require it. This is a resource that must continue to exist and be utilised. I thank the hon the Deputy Minister and her department for their positive attitude towards the work that the academy has done in the past and the positive role that it must play in future.

Unfortunately, there is something of a bad taste in the mouth. Notwithstanding many requests, there still exists a feeling that the academy was not adequately consulted in the decision of the Government to summarily end the statutory existence of the academy and to retrospectively withdraw the small but very important annual subsidy of R128 000.

However, the executive management of the academy repeatedly emphasized that it did not wish to jeopardise the passing and implementation of the Bill in any way, or to oppose it. The science community has worked very hard for several years to establish this Bill. The process which as followed, especially by the department, did not create the desired awareness or general transparency among parliamentary representatives or the general public.

This is a pity, but the New NP will support this Bill all the same. [Applause.]]

Mr B J TOLO: Chairperson, hon Deputy Minister and hon members, the scientific and technological revolution of the last two decades demonstrated to us and the rest of the developing world the challenges that we still face in this new millennium.

In this context, the quest for unity in South Africa’s science and technology is of critical importance. South Africa lacks an academy that is truly representative of all disciplines, as mentioned earlier by the hon the Deputy Minister.

In the absence of an official representative body, the Academy of Science of SA has fulfilled this role voluntarily. It comprises a variety of sciences across the scientific spectrum, but still lacks adequate represention of the entire country.

The challenge for Government at present is the creation of a single distinguished umbrella academy that will be the only official and recognised body in South Africa and fully representative of all disciplines. This body will ensure that co-operation, agreements, exchange programmes, etc are established with reputable academies around the world.

Moreover, it will benefit from the cross-pollination in terms of research output. It will ensure higher volumes of research output. It makes provision for the Minister to provide the department with advice and perform specific functions.

In terms of the Bill, Assaf will be established as an autonomous body under separate legislation in order to promote openness and transparency. Because the SA Akademie vir Wetenskap en Kuns, the hon Mr Raju should take note, is the only legally recognised academy in this country today, the Bill seeks to repeal its founding Act. However, the department is at present negotiating with the akademie to ensure continuity in its scientific activities.

We can confidently state that they have expressed their unqualified support for the new academy. In conclusion, we are confident that Assaf will contribute to the overall significance of the work of the existing scientific and technological bodies already doing ground-breaking work in this country.

We support this Bill unreservedly. [Applause.]

The DEPUTY MINISTER OF ARTS, CULTURE, SCIENCE AND TECHNOLOGY: Chairperson, I want to congratulate all those who participated in the drafting of this Bill and in the discussions around the principles thereof, especially the role that the portfolio committee played.

At the outset I want to respond to the input of Mr Van Niekerk. We have an obligation to break with the past and this much is understood by members of the SA Akademie vir Wetenskap en Kuns. We have to operate within the context of our Constitution, which promotes equity and the development of all the people of this country.

We cannot, therefore, continue in the old mode of working in separate groupings as was the tendency in the past. I am pleased that members of the SA Akademie vir Wetenskap en Kuns are willing to find a way of feeding into the new academy that we launch today with this Bill. All of us should work towards helping them in that regard.

The establishment of this national South African academy will enhance the development of excellence in the fields of science and technology. This can only happen if all our people in the fields of science and technology can work together in co-operation.

We look forward to the role that the academy will play. Here I think about the very important role of promoting research and of producing the science journal.

We look forward to their representing this country and interacting with their peers internationally. I must thank everybody for their support of this Bill.

There is not much more to say, because we all support the Bill. [Applause.]

Debate concluded.

Bill agreed to in accordance with section 75 of the Constitution. AFRICA INSTITUTE OF SOUTH AFRICA BILL

            (Consideration of Bill and of Report thereon)

The DEPUTY MINISTER OF ARTS, CULTURE, SCIENCE AND TECHNOLOGY: Chair, this Bill is the culmination of a transformation process of the Africa Institute of SA that started in 1997 with the review of science and engineering institutions by the Department of Arts, Culture, Science and Technology.

The institute has been in existence for some time. It was used extensively as a source of information on African countries, and for conveying a carefully crafted view on developments in the continent. It became a formidable repository of information on Africa, but because of the political climate at the time it did not have the degree of interaction with scholars and others in the rest of Africa and the world that would have been expected otherwise from an institution of its kind.

With the advent of democracy in 1994, South Africa’s relationship with the rest of Africa changed completely. With it came the need to rethink the role of the Africa Institute, and the development paradigm of the African Renaissance and the challenge of a credible base of knowledge on development challenges on the continent also called for a review of the research content of this area.

By 1997 it was clear that a fundamental reform of the institute was necessary. The review panel that was then appointed came up with a number of options. After consideration its options, this Bill was born. Among other things the review panel said that the Aisa needed a double turnaround. Firstly, a change in perspective that would help it to see Africa no longer through foreign eyes, but from within Africa - in other words, a paradigm shift that would enhance our objective of the African Renaissance.

The Bill now seeks to convert the Africa Institute from a section 21 company to a statutory body that does research and will function under an Act of Parliament that is similar to those governing other science councils. By bringing the Africa Institute into the family of science and technology institutions regulated by institution-specific Acts, the necessary interaction and multidisciplinary approaches will be promoted. We will, in collaboration with the council of the Africa Institute, be in a stronger position to guide and evaluate the activities of the institute.

Furthermore, the efficiency of the Africa Institute will be enhanced by bringing this institute into the system of science and technology funded by way of a science vote which allocates funds according to national research priorities, using, amongst other things, a process of competitive bidding. Members may be aware of the financial reporting system that was instituted by science councils. This includes procedures for determining key performance indicators for these institutions, and then reporting against them. This will be a more suitable vehicle for ensuring that the Africa Institute, along with other institutions, performs according to expectations and justifies entrusting the responsibilities in this Bill to it.

The Africa Institute’s functions include the collecting, processing and interpretation of information on Africa, especially on Southern African affairs. It should do this by means of analysing and researching and then disseminating information, its findings and analysis through suitable media. It is required to carry out this dissemination process through periodicals and other publications, seminars, workshops, conferences and commentary to the mass media.

As the principal state-supported and nationally based organisation for the study of African affairs, the institute has a public education role to inform South African society at large, including politicians, professionals and lay persons, about trends and events in Africa.

The governing council of Aisa is at present composed of six representatives elected by members of the institute, three representatives from the South African universities and one representative appointed by the Department of Arts, Culture, Science and Technology.

With Government taking responsibility for appointing the chairperson and the majority of the members of the council of Aisa, we will be in a better position to ensure the appointment of a competent council to promote the activities of Aisa against the background of South Africa’s interaction with the rest of Africa. Of course, members are aware of the New Partnership for Africa’s Development, and Aisa will definitely play a key role in this regard.

In order to achieve these objectives, Aisa is required by this Bill to investigate matters of public interest and, on the strength of its findings, act in an opinion-forming and advisory manner. It should publish scientific reports and other publications. It is placed under an obligation to promote outstanding achievements in the different fields of African cultural life and to grant recognition for excellence.

Aisa is already involved in encouraging more extensive coverage of Africa in social science education. It will continue to generally promote interest in social science education. Globally there are numerous institutions, networks and groups that study Africa. Aisa will have the responsibility to establish reciprocal arrangements with organisations with objectives similar to its own, locally and abroad.

The major portion of its income will be derived from a parliamentary grant, but this is to be supplemented by self-generated funds from commissioned contract research and other consultancy services, as well as from membership fees, donations from the corporate sector and income from the sale of publications.

I think Aisa will succeed in its tasks. [Applause.]

Mr A E VAN NIEKERK: Chairperson, I thank the hon the Deputy Minister for presenting the Bills in this House. We wish her a speedy recovery. She introduced the Bills so thoroughly that I am definitely not going to use all my time. The Africa Institute of South Africa Bill provides for the current section 21 company to become an associate institution of the Department of Arts, Culture, Science and Technology, to provide, among other things, an anchor for the African Renaissance, as she said, the NAI and Map.

The only aspect I want to highlight is the fact that the arms-length approach to prohibit centralising power and political interference, and to prevent political interference in the operational aspects is upheld in this Bill.

We support the Bill. [Applause.]

Mr N M RAJU: Chair, it is my pleasure to speak on behalf of the opposition on the Africa Institute of South Africa Bill. Before I do so, I also wish to hasten to convey to the hon the Deputy Minister a wish for her speedy recovery from her surgery.

The Africa Institute is an information and research centre concerned with economic, social and political issues in sub-Saharan Africa. It is an independent, nonprofit association serving its members, who comprise individuals and institutions in South Africa and elsewhere.

The institute is governed by representatives of the South African universities, the Suid-Afrikaanse Akademie vir Wetekenskap en Kuns and other broad interests. Findings and analyses are available on request and are disseminated through a library service, a quarterly journal and research reports. Members may attend lectures and conferences, consult with research staff and use the library and bibliographical service. Corporate members are entitled to in-depth briefing by institute staff and gratis reports.

The proposed Bill provides for the establishment, objectives and functions of a juristic person known as the Africa Institute of SA, or Aisa. Aisa is an autonomous, nonpartisan organisation, registered under section 21 of the Companies Act, 1973, as an association not for gain. The aim of the Bill is to establish Aisa as an institution with its own institution-specific Act.

The institution’s main functions are to collect, process, interpret and disseminate information, findings and analyses on African and Southern African affairs. By bringing Aisa into the family of science and technology institutions regulated by institution-specific Acts administered by the Department of Arts, Culture, Science and Technology, firstly, the necessary interaction promoting multidisciplinary approaches will be enhanced; secondly, the allocation of funds according to science and technology and national priorities will be promoted; thirdly, the Minister will be able to ensure the appointment of an appropriate council; and, fourthly, the Minister will be able to guide and evaluate the activities of the institute in collaboration with the council of Aisa.

For any Government department to carry out its delivery programme at optimum level, it is of paramount importance that such a department be fed a nutritious diet of up-to-date information and scientific data, whether the issues be economic, social or political.

In sub-Saharan Africa, some of the major issues that currently engage the public mind are, of course, the African Renaissance and the New Africa Initiative - what these mean, in pragmatic terms, to the ordinary citizen of South Africa or indeed, Africa - and the nature and scale of skilled migration in Southern Africa - insights into skilled people’s perspectives on and experiences with emigration.

Regional peace and security is another subject needing elucidation. Much of the debate and coverage of the Democratic Republic of Congo has concentrated on explaining the causes of the conflict and the merits and demerits of the Lusaka Ceasefire Accord, but neglects the post-conflict reconstruction process, which is equally important. Right now we have our soldiers in Burundi trying to bring about peace.

These are some of the issues. A further issue I would like to talk about is the relevance of globalisation in our country which is still embarrassingly clothed in Third World garb.

There are various such matters and issues that need research and expert findings so that the people of sub-Saharan Africa become informed and knowledgeable. It is therefore institutions like the Africa Institute of SA that provide the necessary enlightenment on these vexed questions. My party supports the Bill. [Applause.]

Mrs C NKUNA: Chairperson, hon Deputy Minister, hon members, since it was established in 1960, the Africa Institute of SA has gone through various phases, each roughly coinciding with a change in government policy. To counter the international campaign to isolate South Africa, the government of the day made systematic efforts to forge partnerships with friendly African states.

The activities of Aisa developed within the context of the colonial paternalism that inspired those governments. However, with the advent of democracy in South Africa, our Government realised the need for us as South Africans to look at Africa from within and in the context of our experience as part of a larger African history and reality. Hence the process of transformation and the tabling of this Bill before this House today.

Its preamble states:

the Government of the Republic of South Africa and its people are committed to the revival and development of the African continent in the twenty-first century.

the transformation of the Africa Institute of South Africa, which has been set in motion by the review process of the Department of Arts, Culture, Science and Technology, continues to remove the legacy of its apartheid past.

Its prime function will be the processing, collecting and analysing of information relevant to Africa and its citizens, whilst at the same time it also undertakes all other activities which, in the opinion of the council, are conducive to the achievement of the chief objectives of the institute. In this respect Aisa’s greatest asset is certainly its library. While it contains a good general collection of Africana, it is especially strong in the area of modern African politics and economics. With regard to the composition of the council, the hon the Minister has already alluded to that, but allow me, in the context of this Department of Arts, Culture, Science and Technology debate, to quote from the hon the President Mr Mbeki’s speech in 1996, which now enjoys pride of place in South African folklore (Debates of the Constitutional Assembly, 1996, col 422):

I am an African. I owe my being to the hills and the valleys, the mountains and the glades, the rivers, the deserts, the trees, the flowers, the seas and the ever-changing seasons that define the face of our native land …

I owe my being to the Khoi and the San, whose desolate souls haunt the great expanses of the beautiful Cape - they who fell victim to the most merciless genocide our native land has ever seen, they who were the first to lose their lives in the struggle to defend our freedom and independence, and they who as a people perished in the result.

He went on to say:

I am the child of Nongqause. I am he who made it possible to trade in the world markets in diamonds, in gold, in the same food for which our stomachs yearn. I come from those transported from India and China whose being resided in the fact, solely, that they were able to provide physical labour, who taught me that we could both be at home and be foreign, who taught me that human existence itself demanded that freedom was a necessary condition for that human existence.

Being part of all these people, and in the knowledge that none dares contest that assertion, I shall claim that I am an African!

[Applause.]

The DEPUTY MINISTER OF ARTS, CULTURE, SCIENCE AND TECHNOLOGY: Chairperson, once more let me begin by thanking colleagues for contributing to the content of the Bill by interrogating what was the initial draft. May I also say that Aisa is indeed posed to play a key role in Nepad - that is, the New Partnership for Africa’s Development.

If one looks at the content of the Bill, and thus considers the ambit of its competency, there is no doubt that it will contribute a lot to the generation of knowledge and creativity and promote people-to-people interaction, here on our continent; that is South-South with other developing countries, and between ourselves, our peoples and those of the northern hemisphere.

I am convinced that Aisa’s time has come and that indeed the programme of Nepad will not be successful, nor can we talk about stimulating creativity, without an institution of this kind. We all know that next year is a very important year for our country. We will be hosting important events. We are hosting the coming into being of the African Union. May I say, according to the constitutive Act of the AU, there is going to be a commission on culture. With the establishment of Aisa I can say without doubt that this will be a key player.

Mr Van Niekerk has reminded us of an important principle for enhancing excellence in institutions of this kind, be they cultural institutions or scientific institutions, namely that of arm’s length. Arm’s length is an important principle and it is embodied in our policy. The only problem is that it is understood and interpreted differently. Sometimes it is interpreted to mean being unaccountable. We have had interaction with some cultural groupings which think they just have to have access to money and to do their thing and regard it as being creative.

Our democratic Constitution requires us to be accountable and, in fact, within the context of our Treasury regulations, there must be levels of accountability. I am happy that our colleague has reminded us of this principle. We should not lose sight of this principle. Indeed, Aisa must operate at arm’s length and interact with its peers and represent us as South Africans in that context. [Applause.]

Debate concluded.

Bill agreed to in accordance with section 75 of the Constitution.

                 CULTURAL LAWS SECOND AMENDMENT BILL

                       (Consideration of Bill) The CHIEF WHIP OF THE COUNCIL:  Chairperson,  I  am  going  to  provide  the briefing today. Just to enlighten the House,  the  mediation  committee  was duly established and met on Friday last week to consider the  amendments  of the NCOP, which had been rejected by the NA. I am glad  to  report  to  this House that of the many amendments that were  rejected,  approximately  seven out of the nine were then approved, two of which in  a  somewhat  attenuated form.

For the benefit of the House I would just reflect on one particularly important amendment which had been rejected and which seemed to be the area of dispute between the Houses - this was resolved in a very amicable way - and that is the amendment that was proposed to clauses 6 and 10 of the Bill that had been passed by the NCOP. Originally clause 6 stated that after the report was tabled there would be a briefing to the committee of the NA. The NCOP proposed that it should be to both Houses and then there was reference made to the portfolio committee in the NA and the Select Committee on Education and Recreation in the NCOP. We resolved the matter on the basis that the Council would then report to the ``relevant committees’’ of Parliament, including both Houses. We thought that it is important that we do so, given the fact that culture itself is a concurrent competency and is something regarding which we as delegates have to convey developments to our provinces.

There were other technical proposals that had been made by the NCOP which were rejected and were then reconsidered and accepted by the mediation committee. As one of the co-chairs of the mediation committee, I was satisfied that we gave due attention to the amendments proposed by the NCOP. I would like to thank the members in the NCOP who participated in the mediation process for their support in this regard. The outcome of the mediation process was one that was satisfactory to both Houses. All decisions were unanimous and there was no difficulty in resolving the matter within the period of an hour.

Debate concluded.

Bill agreed to in accordance with section 65 of the Constitution.

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL AFFAIRS - EMPLOYMENT BENEFITS OF TRC STAFF

Order disposed of without debate.

Report adopted in accordance with section 65 of the Constitution.

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL AFFAIRS - DESIGNATION OF IRELAND

Order disposed of without debate.

Report adopted in accordance with section 65 of the Constitution.

ESTABLISHMENT OF WORKING GROUP TO CONSIDER IMPLEMENTATION OF CONSTITUTIVE ACT OF THE AFRICAN UNION

                         (Draft Resolution)

The CHIEF WHIP OF THE COUNCIL: Chairperson, I move without notice:

That the Council resolves that a working group be established to consider the implementation of the Constitutive Act of the African Union. Motion agreed to in accordance with section 65 of the Constitution.

The CHAIRPERSON OF COMMITTEES: Order! Hon members, there is an announcement which is very sentimental. Mr Raju has lost a pen which was a gift to him from his late grandmother - hon members, listen well - when he passed matric in 1955. This is an appeal to hon members if anybody has come across it anywhere.

                          FAREWELL SPEECHES

Mr N M RAJU: Madam Chair, hon colleagues, it is my singular honour to stand up in this august House on behalf of the main and only substantial opposition in Parliament, the irrepressible Democratic Alliance, to say farewell to colleagues and friends as the curtain comes down on an eventful parliamentary year. [Interjections.]

There is no doubt that the passing year has seen the NCOP elevate itself to a higher plain, both in the quality and substance of its debates. We have become a family, or have we?

Though as permanent delegates from the provinces that make up our beloved Republic we have often engaged in acrimonious debate, amid sound and fury reminiscent of a poultry auction, we have, nevertheless, conducted ourselves with appropriate dignity and decorum.

I suspect that the impending marriage between the big chief and the blushing new bride, an event well publicised in all instruments of the media, will result in future deliberations becoming somewhat more cacophonous. Be that as it may, I am optimistic that however tenuous the ensuing domestic bliss may be, our camaraderie will remain unaffected.

Parting is such sweet sorrow. As we return to our constituencies, our homes and hearths, we wish each other bon voyage. I say to hon members: Have a safe journey, be good, love the children, respect the elders, keep the faith, and till we meet again, goodbye. [Laughter.] [Applause.]

Mr A E VAN NIEKERK: Chairperson, I have to admit that it feels as if this year moved at the speed of lightning. Nevertheless, I want to say farewell, especially to the official opposition. Farewell. [Laughter.]

However, we had people supporting us in making this upper House of the South African Parliament start to work for all the people, and I want to thank them today. Firstly, I would like to thank the hon Chairperson Naledi Pandor for her strong leadership, which displays her vision that the NCOP shall work. To the Deputy Chairperson I would like to say thank you for the positive role he played in keeping us empowered and on track, and I thank him for his warmth as a human being.

To the Chair of Chairs, Senorita Ntlabati, you introduced a report on the position of legislation. We thank you for it and for what you do in general.

To the programming Whip, the provincial Whips and fellow party Whips with their support staff, we want to thank them for the co-operation which contributed towards a year in which this House established itself as an institution to be reckoned with.

The Chief Whip, the hon Enver Surty, is an example to all of us, not just of dedication, hard work and diplomacy, but also of constructive involvement. That is what we need in South Africa. Some of the members will not understand that. Thank you for that, Enver. [Interjections.]

We want to thank the Secretariat, Hansard, the interpreting services and the sound operators out there who had many difficulties at times. However, we know it will go better next year in the new Chamber.

Lastly, the service personnel, we thank them for their enthusiasm and smiles. They make our lives easier. I give a special word of thanks to Mr Harrison on my right. Mr Harrison is turning 70, and the Rules of Parliament say he has to take leave at 70, but he is a young 70, and I think that is unfair. After 13 years of service to Parliament, he retires at the end of the month. We wish him well, and I wish to hand him this medallion, that portrays Parliament, in recognition and appreciation for what he did during his time at Parliament. [Applause.]

The CHAIRPERSON OF COMMITTEES: Happy birthday!

Mr A E VAN NIEKERK: To conclude, to the quiet but always there security personnel, I thank them for being here and securing our safety.

I, as a Christian, wish all Christians a blessed festive time and may the peace and grace of Christ be not only with the Christians, but with all of us. Nkosi sikelela, South Africa. ``!ke e:/xarra//ke.’’ [Diverse people unite.] [Applause.]

Mrs J N VILAKAZI: Chairperson, hon members, we meet to part, and part to meet. At this present moment we are doing exactly that. It has been hard working all year round in this House. I wish all members a safe journey home - I repeat, all members - and a good life with their families, a happy Christmas time and a prosperous New Year, 2002.

Besihlezi kahle, sisebenza kahle futhi sibambisene kahle. Nalabo abekade beklwebhana abaqedananga. Kumnandi ukuhlangana kwabantu abathandanayo nabezwanayo okuthi noma bephikisana kube ngukwakhana, ukwakha izwe lethu iNingizimu Afrika esilithandayo sonke. Sengathi iNkosi umnini mandla onke angahamba nathi, umusa wakhe ube phezu kwethu nemindeni yethu size sibonane futhi ngonyaka ozayo. Hambani kahle emuseni weNkosi! [Ihlombe.] (Translation of Zulu paragraph follows.)

[We have been staying well, working well and co-operating. Even those who scratched one another did not destroy one another. It is nice when people who like one another get together, and find that when they criticise one another, they do it in a constructive manner so as to build our beloved country, South Africa. May God be with all of you, and may His grace dwell on your families until we meet again next year. In the name of God I say goodbye! [Applause.]]

Mr H T SOGONI: Chairperson, hon members, work and no rest would certainly make the life of a parliamentarian miserable and unbearable, just as work and no play makes John a dull boy.

We need complete rest, and we look forward to a happy Christmas and prosperous New Year for all. To our presiding officers, ably led by the hon Naledi Pandor, the UDM wishes to extend a sincere word of thanks for the satisfactory manner in which they conducted the business of this House. Like the star that her first name indicates, the presiding officer has lead this House by her example of hard work, honesty, efficiency and effective leadership.

The UDM conveys similar commendations to hon Adv Mushwana, hon members Senorita Ntlabati and Bhengu, without whom the presiding officer would not have managed to run this House so efficiently - without their collective and dedicated efforts to make things happen.

The UDM further notes with sincere appreciation the sterling performance of the Chief Whip hon Surty, the Chair of Committees, Senorita Ntlabati, the chairpersons of Select Committees and our hon provincial Whips. Please, hon leaders, continue to demonstrate the professionalism with which you always approach your duties!

To hon individual members of the House, the UDM says:

Bekumnandi ukusebenza nani kunyaka ka-2001, beninomoya wobulali, umoya wobuntu noumoya wobudlelwane. Ningaphezi nakulo nyaka ozayo. [Working with you in 2001 was nice. You had both spirits, the human spirit and the animal spirit. Continue like this next year.]

In wishing all members a good festive season, I wish to add to the voices of so many who always warn us that Aids kills and road accidents have over past festive seasons always accounted for a terrible loss of life. Let us therefore go out to preach and practise the gospel of ABC in order to contain the HIV/Aids pandemic. Let the Arrive Alive campaign be part of our constituency work, in order to contribute to the national efforts to reduce the number of deaths on our roads.

In conclusion …

Sikhulule siyobonana nomama nobaba side sibuye sihlangane. [Ihlombe.] [Let us be free so that we can go and meet with our fathers and mothers until next year when we come back. [Applause.]]

Mr J O TLHAGALE: Chairperson, hon House, saying farewell, as usual, brings about mixed feelings. One is usually looking forward with anxiety to a homeward journey and to those that one loves, but at the same time one is also finding it difficult to part with those that one got accustomed to living with.

We have lived together as members of a broad family, and in spite of our different political affiliations, we have learnt to work together and to love each other. We shall undoubtedly miss each other during the next two months.

We are proud of our leadership in the NCOP, the Chairperson, a very strict and capable lady with a very pleasant and likable disposition; the Deputy Chairperson …

Mogaetsho! re a go rata, o re tswale fela jalo. [Fellow countryman! We love you, keep it up.]

… and the Chief Whip, a gentle, down-to-earth man of unequalled benevolence. [Interjections.]

As we take leave of one another today, I wish every one of us Godspeed, a happy Christmas period and a prosperous New Year. May the good Lord bless you until we meet again.

Mr K D S DURR: Chairperson, I have this unusual situation of having equal time with everybody … [Interjections.] … and I feel like a fox terrier that has caught the bus, and then when the bus stops the dog does not know what to do.

I can only say that today is the day of tolerance, as a matter of fact the International Day of Tolerance. I think that if there is one attribute that this House has and should have, and should work at and preserve, it is that attribute of tolerance, of respecting each other and respecting each other’s point of view, which lies at the heart of tolerance. If I may say so, with all the divorce proceedings that are being proposed between the parties … [Interjections.] … and new marriages …

Mense vry na mekaar, mnr die Voorsitter. [People are courting one another, Mr Chairman.]

I only want to say that it is our duty not to ascribe bad motives to our colleagues. Whatever they decide in their wisdom, we should accept their views. We may disagree profoundly with them, but we should not ascribe bad motives to them.

Being tolerant, of course, does not mean that we must not be intolerant of mediocrity, of racism, of tyrants and of those who would abuse the rights of our citizens. There are those that would abuse the tolerance and freedom that exist in our society, but we must not do that.

What remains for me to do, is to thank the Chairperson, the presiding officers, the parliamentary staff, and the service staff that make life easy and convenient for us and always do things with a smile. We thank them for that. We wish you all Godspeed, a merry Christmas and may you all return safely. [Applause.]

The CHIEF WHIP OF THE COUNCIL: Chairperson, much has been said. What I do believe is that the House has reflected in the past few months, and perhaps the past two years, a new kind of political realignment that this country needs so much, given the fact that we are so diverse. I think what we have achieved in this House, which is quite unusual and distinctive, is the fact that when discussing matters of public importance, we have collectively been able to achieve consensus and resolve to move forward in a particular way. That is quite remarkable and extraordinary.

I also think - and the President has, in fact, commented on this - that the nature of our discourse and debate in this House is unique and somewhat commendable. I would like to say this would not have been possible had it not been for the kind of disposition and participation by all members of the NCOP. I think we have a new spirit and, notwithstanding the divorces and divisions and co-operation that may well occur, the spirit amongst the members of this House reflects a certain kind of way forward.

This is a day to say farewell, and we obviously do so by thinking of those members who have made this year a very successful one. We will obviously have to start with the presiding officers - Ms Pandor, you, Ms Ntlabati and Mr Bhengu - who have really given this House the appropriate leadership. I have to recognise the important role of the Whippery - of all the Whips, who have again moved together in unison, with decisions taken collectively by consensus. Again, this reflects a particular nature that we have in the NCOP.

I have to recognise the contribution of the Secretary to the NCOP, the Table staff and all members of staff who have assisted, Hansard and the interpretation services, the service personnel who have been kind enough to provide us with water and circulate messages in the House under difficult circumstances and the media, who have assisted maybe somewhat partially, in promoting or enhancing the profile of the NCOP. I say thank you to all members for having helped us through a difficult but very successful year.

It is also the new year for the Hindu community, who celebrated Diwali on Wednesday and Thursday. It is important that we wish them well in the new year, that is Mr Raju and the Hindu community as a whole. We also have the commencement of Ramadan tomorrow and we wish all the Muslims in this House and the whole country well over the holy period of Ramadan. We believe that all the members who are present in the House will be fasting as they are accustomed to doing. Mr Moosa is nodding in agreement. I know it is going to be a strenuous time, but it is also a time to think about those who are less privileged, the indigent and the poor.

We then have the festive period, when people will be celebrating Christmas, and we have the new year celebrations. We wish the community of South Africa well during the festive period. It is important that we remember to drive very carefully and to support the Arrive Alive campaign that has been launched by the Government.

I must conclude by saying: Tsamayang sentle, ke a leboga. [Go well, I thank you.] [Applause.]

The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Thank you, hon Chief Whip and hon members, for all the good words - words of courage and words of wisdom. One needs to say again that the parliamentary session has ended. I think I would be correct to say that it has been a successful year, and hon members have been instrumental in and part and parcel of that success. I think we deserve a round of applause from ourselves. [Applause.]

As we close, it is proper to thank the Chief Whip and his Whips, the Chair of Chairs, and chairpersons of select committees and in-house committees. As we know, the select committees are the engines of Parliament. The success or failure of Parliament depends on the chairpersons of the various committees and we commend them for the sterling work they performed, failing which we would not have succeeded.

I thank all hon members for having been honest and for their dedication to their work for which they were elected. We know that members went through a number of difficulties because of numbers. Members had to shuttle from one committee to another, and sometimes committee meetings clashed. It was very difficult, but you made it!

We would like to thank the Table staff for their continuous advice and assistance and for making it possible for us to meet. We thank the service officers, who gave us water every time we asked for it, enabling us to make the necessary noise and to interrupt one another at times.

We need to thank the Hansard staff, the media and the interpretation personnel. We thank the Secretary to the NCOP and the Secretary to Parliament for their excellent administration. It has not been very easy, but rather very difficult, so we are glad that they managed to handle this difficult task with precision.

We left our families behind. We were separated, although we did not want to be, and we had little time to spend with our family members. In some cases it has been noted that relations have been strained because of our long separation. They needed our guidance, comfort and company and we were not there. Now is our time to be with them, and let us make use of this time. Please, hon members, extend our sincerest thanks and gratitude to your families for the support they have been giving you, because we know that without that support, the success that we are talking about today would not exist. Therefore, tell your families to continue to perform this noble task.

In the same way we left our constituencies in limbo. We were not there, and therefore let us utilise the period set aside for our constituency work for that purpose. In our constituencies, we need to tell our people what we as members have been doing in Parliament. They elected us, and so we also need to receive new mandates from these constituencies. While we were away, some of our members might have passed away, or lost their loved ones, and some might be going through very difficult times. Where we can, let us visit them, let us comfort them, let us share their difficulties if we can.

We know that Aids is wreaking havoc; it is devastating the lives of our people. I know that we, as members of Parliament, can make a difference. Can we please go back to our constituencies and make that difference by assisting where we can.

In this House we may have had our own differences and difficulties, and I think we must differ, otherwise the world would consist of one personality. Maybe if those differences spice up our lives, then we should enjoy them. On the other hand, if those differences are meant to destroy our fledgling democracy, then we must fight hard to stop those differences.

We cannot afford to lose that democracy, which was very difficult to achieve. History cannot be changed and we must not attempt to change it. The differences that we may have had in the past will remain and they cannot be changed. However, they will determine how we behave now and how we behave in the future. They will tell us what it is that we can repeat and what we cannot. Therefore, let us not try to change history.

In conclusion, I do not know how many of us have ever thought how privileged we are in a country of 40 million people to find ourselves the select few in this Chamber to represent the 40 million people. And I wonder how many of us have tried hard enough to give back to the community, the people that brought us into this Chamber to represent the 40 million people. We must be exemplary.

We must also enjoy our festive season. On behalf of the presiding officers, I say bon voyage until we meet next year. Let us all go and have a good rest. With those few words the House is adjourned. [Applause.]

The Council adjourned at 11:22. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

ANNOUNCEMENTS:

National Assembly and National Council of Provinces:

  1. The Speaker and the Chairperson:
 (1)     The  Portfolio  Committee   on   Justice   and   Constitutional
     Development  (National  Assembly)  published  a   draft   Loss   or
     Retention of Membership of  National  and  Provincial  Legislatures
     Bill, 2001, in Government Gazette No 22835  on  16  November  2001.
     The draft Bill was published in accordance with  National  Assembly
     Rule 241, read with Rule 239, after the Assembly,  on  13  November
     2001, had given permission in terms of Rule 239  to  the  Committee
     to proceed with the draft Bill.  In  the  notice  in  the  Gazette,
     interested persons and institutions were invited to submit  written
     comments on the draft Bill before 11 January 2002. A  copy  of  the
     Bill can  also  be  found  on  the  website  of  the  Parliamentary
     Monitoring Group at "http://www.pmg.org.za".

National Council of Provinces:

  1. The Chairperson:
 Bills passed by National Council of Provinces on 16 November  2001:  To
 be submitted to President of the Republic for assent:


 (i)    "Woordeboek van die Afrikaanse Taal" Act Repeal Bill  [B  30B  -
     2001] (National Assembly - sec 75).


 (ii)   Academy of Science of South Africa Bill [B 67B - 2001] (National
     Assembly - sec 75).


 (iii)  Africa Institute of South Africa Bill [B 47B -  2001]  (National
     Assembly - sec 75).


 (iv)   Cultural Laws Second Amendment Bill [B  46F  -  2000]  (National
     Assembly - sec 76(1)).
  1. The Chairperson:
 Message from National Assembly to National Council of Provinces:


 Bills passed by National Assembly on 16 November 2001  and  transmitted
 for concurrence:


 (i)    Labour  Relations  Amendment  Bill  [B  77B  -  2001]  (National
       Assembly - sec 75).


 (ii)   Basic Conditions of Employment Amendment Bill  [B  70B  -  2001]
     (National Assembly - sec 75).


 The Bills have been referred to the  Select  Committee  on  Labour  and
 Public Enterprises of the National Council of Provinces.

TABLINGS:

National Assembly and National Council of Provinces:

Papers:

  1. The Minister of Arts, Culture, Science and Technology:
 Report and Financial Statements of  the  South  African  Blind  Workers
 Organisation for 2000-2001.
  1. The Minister of Communications:
(1)     Report and Financial Statements of Sentech for 2000-01.