National Assembly - 26 September 2002

THURSDAY, 26 SEPTEMBER 2002 __

                PROCEEDINGS OF THE NATIONAL ASSEMBLY
                                ____

The House met at 14:04

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

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.

                             NEW MEMBERS

                           (Announcement)

The Speaker announced that the vacancies that arose as a result of the resignations of Ms N E Hangana, Dr M W Serote, Sister B Ncube and Ms P Govender and by the deaths of Minister S V Tshwete and Mr P R Mokaba had been filled, in accordance with item 6(3) of Schedule 6 to the Constitution, 1996, by the nomination of Ms M M Ratsoma, Mr E N Mthethwa, Ms S P Rwexana, Ms P Tshwete, Mr N Ngcobo and Ms M P Mentor, respectively, with effect from 25 September 2002.

The members had made and subscribed to the oath or solemn affirmation in the Speaker’s office.

[Applause.]

                       TEMPORARY SOUND SYSTEM

                           (Announcement)

The SPEAKER: Order! Hon members, as you may be aware, the sound system is not in proper operation. A temporary system has been installed and the microphones at the podium are operational. However, if members wish to address the Chair on points of order, which I hope will not arise, or similar issues, they should rise in their seats and once they have been recognised by the Chair a roving microphone will be brought to them.

              CONDITIONS OF SERVICE OF PUBLIC PROTECTOR

            (Consideration of Portfolio Committee Report)

Report adopted without debate.

           EMPLOYMENT CONDITIONS OF PUBLIC PROTECTOR STAFF

            (Consideration of Portfolio Committee Report)

Report adopted without debate.

                   APPOINTMENT OF PUBLIC PROTECTOR

             (Consideration of Ad Hoc Committee Report)

Mr M J MAHLANGU: Madam Speaker, I stand here today to report to the National Assembly that the committee concluded its work yesterday in considering the candidate who should be recommended by the National Assembly to the President as the person to be appointed as Public Protector of the country.

The mandate that the committee had was to interview a number of candidates and appoint the most suitable candidate for the post. I wish to announce the name of the candidate recommended by the committee to the National Assembly today. He is Mabedle Lawrence Mushwana. [Applause.]

I also wish to report to the National Assembly that all the political parties who participated throughout the interviews - all of those that were there - agreed with the nomination unanimously, except one party, which is the DP. [Interjections.]

However, in the one minute that I have got, I can say Mr Mushwana has been an interpreter clerk, a clerk of a magistrate court, a public prosecutor, a magistrate, Chairperson of Committees in the NCOP, co-chairperson on a code of conduct and ethics committee, and currently he is the Deputy Chairperson of the NCOP. Previously he has also served articles of clerkship, practised as an attorney, served on an audit commission and is a commissioner serving in the Judicial Service Commission. Section 181(2) of the Constitution says:

These institutions …

  • I am talking about the Chapter 9 institutions - … are independent, and subject only to the Constitution and the law, and they must be impartial and must exercise their powers and perform their function without fear, favour or prejudice.

Mr Mushwana acquitted himself very well in all these positions in which he served and they were all positions of impartiality. [Applause.] He understands, clearly, the powers and functions of a Public Protector, he understands the accessibility of the office and he has a clear vision of what he is going to do if he takes up that office. He also understands the problems of the citizens of this country and he speaks no less than 10 of this country’s official languages. [Applause.]

Mr Mushwana has acquitted himself very clearly and very well of all these aspects and he has ruled in this Parliament according to the Rules and Regulations of the National Council of Provinces. He also took decisions in an impartial manner when he was an attorney, doing a wonderful job.

I wish to thank the committee for the wonderful job that it has done and all other political parties that supported the nomination. The ANC supports the nomination. [Applause.]

Adv H C SCHMIDT: Madam Speaker, the DP reiterates its strongest opposition to the nomination of ANC MP, and NCOP Deputy Chairperson, the hon Mushwana to become the new Public Protector. It is mind-boggling that the ANC is trying to fill a position which should be independent of party-political influence, and of Government influecne, with an elected ANC public representative. [Interjections.] This is not the first time that the ANC has tried to achieve this. They recently failed to put former Limpopo MEC … [Interjections.]

The SPEAKER: Order!

Adv H C SCHMIDT: They recently failed to put former Limpopo MEC Adv Seth Nthai in the same position. It should go without saying that Mr Mushwana’s appointment is utterly inappropriate. He is an active party politician from the ruling party. The ANC requires its cadres to remain loyal to it irrespective of where they are ``deployed.’’ The position requires that the incumbent be responsible only to the Constitution and the law. The public needs to be able to trust the integrity of institutions designed to protect their interests. [Interjections.]

The international community, including the community of investors, needs to believe that the future of our constitutional democracy is safe and that no action that erodes the supremacy of the Constitution will be tolerated.

Ek wil dit ondubbelsinnig stel dat die DP die totale minagting en nie- nakoming … [Tussenwerpsels.] [I want to state unequivocally that in the opinion of the DP the total disregard of and non-compliance with … [Interjections.]]

The SPEAKER: Order! Hon member, would you take your seat, please.

The MINISTER OF EDUCATION: Madam Speaker, on a point of order: I would like to know if only a eunuch could be qualified for this job, or are other factors taken into account? [Laughter.] [Interjections.]

The SPEAKER: Order! Hon members, we are dealing with a very serious debate. [Interjections.] Order! All of you! We should at least respect the office which we are talking about. [Interjections.] And I do not believe frivolous points of order or the kind of ruckus that exists on both sides of the House … [Applause.] Let us be very clear, the noise on both sides of the House does not befit the subject which we are trying to address seriously. We ought to set an example by how we disagree. [Interjections.]

Adv H C SCHMIDT: Mevrou die Speaker, ek wil dit ondubbelsinnig stel dat die DP die totale minagting en nie-nakoming van die beginsel van onafhanklikheid van Hoofstuk 9-instansies, soos dié van die Openbare Beskermer, heftig sal opponeer. Aangesien daar ‘n persepsie by die publiek geskep word dat ‘n ANC-amptenaar as Openbare Beskermer verkies is deur die ANC gedomineerde komitee ten einde ‘n hoë pos te beklee uit hoofde van die ANC se genade, bestaan die gevoel dat sodanige posbekleër gevolglik ook nie onafhanklik en sonder vrees, bevoordeling of bevooroordeeldheid teenoor die uitvoerende gesag namens die publiek sal optree nie. [Applous.] (Translation of Afrikaans paragraph follows.)

[Adv H C SCHMIDT: Madam Speaker, I want to state unequivocally that the DP will strongly oppose the total disregard of and non-compliance with the principle of the independence of Chapter 9 institutions, such as the Public Protector. Since the perception is being created amongst the public that an ANC official was elected as Public Protector by an ANC-dominated committee to fill a top position owing to an act of grace on the part of the ANC, the feeling is that such incumbent will consequently also not act on the public’s behalf in an independent and fearless manner and without favouring or showing partiality towards the executive authority. [Applause.]]

Mrs S A SEATON: Madam Speaker. The IFP will be supporting Mr Mushwana, not because he is a member of the ANC, most certainly not, but because we believe he is a man of integrity and is impartial. [Interjections.]

Those of us who have worked with him know him to be a man of integrity and we know he is impartial in his judgement on others. We would expect him to carry that impartiality through and to protect the public in general at all times. We support the motion. [Applause.]

Mr J DURAND: Madam Speaker, the New NP has proposed Mr Mushwana’s name in the portfolio committee as the best candidate to become Public Protector. If one looks at Mr Mushwana’s legal record, one finds that he is well qualified. He practised as an attorney and a magistrate, and at one stage he was a public prosecutor. He in fact worked in the then homeland administration, so he knows exactly what is wrong and what to do in solving structural problems. [Applause.]

If one looks at his involvement in Parliament - and a lot has been said about his independence or his ability to act - Mr Mushwana is co-chair of the Ethics Committee that dealt with the stalwart of the ANC, Winnie Mandela. Who can then question his independence and fairness? [Interjections.]

Those of us who have worked with him in Parliament for the past eight years, know about his involvement in the NCOP, especially in the provinces. When the Auditor-General’s report comes before us we interrogate it and decide what needs to be done. Parliament should be proud today, because Mr Mushwana is a product of this Parliament. We developed him and are now sending him out to serve this country as best as he can.

I think that the greatest concern of the DA is that they see swart gevaar and black angst. ``Can this native do the job?’’ they wonder. They therefore voted against his nomination. [Interjections.] I would like to echo our chairperson’s request that all political parties in this House support the nomination. [Interjections.] [Applause.]

Mr S ABRAM: Madam Speaker, I rise here in unambiguous support of the nomination before us. We do so, not because the incumbent is a political functionary, or was one until today, but because we believe that he is the correct choice and therefore needs to be supported.

We need to look at the Office of the Public Protector beyond the realms of politics. We wish to divorce the two issues. On the one hand we support the incumbent for what he is and for what we believe he will mean to our country. On the other hand, we wish to point out that in terms of Chapter 9 of the Constitution, which lays down clearly that this particular office shall only be subject to the Constitution and the law and that the incumbent must be impartial and exercise his or her powers and perform his or her functions without fear, favour or prejudice, we would be able to obviate this type of argument and debate if we put some policy and guidelines in place to guide us in future appointments to Chapter 9 institutions.

Amongst them, of course, an important one would be the Electoral Commission. There could be a massive outcry if political functionaries were immediately appointed to such an office.

My party supports this appointment and we would like to appeal to all South Africans that we should bring this debate to a level where we can protect the Office of the Public Protector and see that it gets the necessary support, acceptance and respect from all citizens of our country. We are the first ones who should lead by example. [Applause.]

Adv Z L MADASA: Madam Speaker, the ACDP was unable to participate in the ad hoc committee owing to our size. With regard to Mr Mushwana’s merit, demeanour and independence, we have no problem with his merit and demeanour. However, there are two sides to independence. They are actual independence and perceived independence. We think that on the issue of perceived independence there might be some difficulties. Consequently we have chosen to abstain. [Interjections.]

Dr C P MULDER: Mevrou die Speaker, die partye wat reeds gepraat het, mis in ‘n groot mate die punt waaroor dit vandag hier gaan. Die vraag is nie of mnr Mushwana bekwaam is nie. Natuurlik is hy bekwaam. Die vraag is nie of hy onpartydig is nie. Natuurlik is hy nie partydig nie. Die een ding wat mnr Mahlangu nagelaat het om te doen, was om ook vir die publiek daar buite te sê dat die voorgestelde kandidaat tans in hierdie Parlement dien as ‘n lid van die ANC. Dit is ‘n feit.

Dit gaan nie oor die individu nie. Dit gaan oor die Hoofstuk 9-instellings ingevolge die Grondwet en as ons ernstig is oor die onpartydigheid van die persone in daardie poste, dan behoort die Parlement, van alle plekke, die voorbeeld te stel. Om daardie rede kan dit nooit aanvaarbaar wees dat ‘n dienende lid van ‘n politieke party in so ‘n pos aangestel word nie. Dit gaan nie oor die individu nie. Dit gaan oor die voorbeeld wat ons stel. In elke ander party hier is daar net sulke bekwame mense, maar in hierdie geval behoort ‘n mens nie ‘n politieke aanstelling te doen nie. Ons stel die verkeerde voorbeeld. Die VF kan dit nie steun nie. [Applous.] (Translation of Afrikaans speech follows.)

[Dr C P MULDER: Madam Speaker, to a great extent the parties who have already spoken are missing the point about the topic under discussion here today. The question is not whether Mr Mushwana is competent. Of course he is competent. The question is not whether he is unbiased. Of course he is not biased. The one thing that Mr Mahlangu neglected to do was to also tell the public out there that the proposed candidate is currently serving in this Parliament as a member of the ANC. That is a fact.

This is not about the individual. This is about the Chapter 9 institutions in terms of the Constitution, and if we are serious about the impartiality of the persons in those posts, then Parliament, of all places, should set an example. For that reason it can never be acceptable that a serving member of a political party be appointed to such a post. This is not about the individual. It is about the example we are setting. Every other party here also has people who are just as competent, but in this case one should not make a political appointment. We are setting the wrong example. The FF cannot support this. [Applause.]] Mr I S MFUNDISI: Madam Speaker and hon members, the UCDP, right from the onset, supported the appointment of Mr Mushwana as Public Protector on the simple grounds that he has showed his ability in executing his duties as an impartial Deputy Chairperson of the NCOP. However, his demeanour also indicated that he was a quiet and simple man who did not hide who he was, even during the deliberations. This has made him a deserving candidate.

We have had instances of people, although they are not involved in Chapter 9 institutions, who left Parliament, such as Mr Bulelani Ngcuka, wherever he is, and Mr Chris Fismer, who is chairman of the National Gambling Board, and these people are doing perfectly well. These people were members of the ANC and nobody has a problem with them. We only hope that with these examples, people can leave politics and do the work they are meant to do. On these grounds Mr Mushwana is just the right person in our opinion. [Applause.]

Dr M S MOGOBA: Madam Speaker, we have here a question of a principle and a question of a candidate. I want to support the view that it would sometimes be good that when we are not talking about a name that we should talk about the principle. On the question of the candidature, however, I want to say that the PAC fully supports the candidate. We believe that the work that Mr Mushwana has done here in Parliament was possibly more difficult than the work he is going to do outside of Parliament. He is qualified and he has satisfied us here that he can perform the job. We would like to support the candidate and wish him well. We hope that he will acquit himself creditably in his new job. He should leave Parliament in the knowledge that this House supports him. [Applause.]

Mnr J P I BLANCHÉ: Mevrou die Speaker, die agb lid Mahlangu kan nie sê dat al die partye hierdie voorstel steun nie, want die FA was nie betrokke by die komitee nie, en daarom wil ons hier ons stem bekend maak. Die FA stem om drie redes teen hierdie aanstelling. (Translation of Afrikaans paragraph follows.)

[Mr J P BLANCHÉ: Madam Speaker, the hon member Mahlangu cannot say that all the parties support this motion, seeing as the FA was not involved with the committee, and that is why we want to announce our vote here. The FA will be voting against this appointment for three reasons.]

The ANC should know that a politician should not even be considered for redeployment to a Chapter 9 committee or position … [Interjections.] … and especially not to the position of Public Protector.

Dit bring my by die tweede rede waarom ons die aanstelling teenstaan. Die persoon se rekord as ‘n voorsitter van een van die ad hoc-komitees het ons oortuig dat hy hom nie kan losmaak van die druk wat politieke partye op hom uitoefen nie. Derdens het sy optrede in die posisie wat hy in daardie komitee beklee het veel te wense oorgelaat. Omdat hierdie amp vereis dat die bekleër iemand moet wees wat vaardighede besit waaroor die aangewese kandidaat nie beskik nie, laat dit ons met geen ander keuse nie as om daarteen te stem. [Applous.] (Translation of Afrikaans paragraph follows.)

[This brings me to the second reason why we are opposing this appointment. The person’s record as chairperson of one of the ad hoc committees has convinced us that he cannot detach himself from the pressure that political parties put on him. Thirdly, his conduct in the position that he occupied in that committee left much to be desired. Seeing that this post requires the incumbent to possess skills which the designated candidate does not possess, we are left with no other option than to vote against the appointment. [Applause.]]

Debate concluded.

Question put: That the nomination by the Ad Hoc Committee of Mr M L Mushwana for appointment as Public Protector be approved.

Division Demanded.

The SPEAKER: Order! As hon members are aware, the electronic voting system is not working, and the agreed process is that the whips or party representatives will now be given an opportunity to establish how many members of their party are in the House. I will then request them to announce the number of members of their party present and whether or not their party members support the recommendation. If any member wishes to vote separately, he or she should approach the Table before the decision on the vote is announced.

The House divided: AYES - 278 (ANC-228, IFP-19, New NP-19, UDM-8, UCDP-2, PAC-1, AZAPO-1).

NOES - 32 (DP-29, FF-1, FA-2).

ABSTENTIONS - 6 (ACDP-5, PAC-1).

Nomination approved in terms of section 193(5) of the Constitution.

Appointment of Mr M L Mushwana as Public Protector accordingly recommended.

Mr M J ELLIS: Madam Speaker, I rise on a point of order: During the speech by the hon Durand he made reference to the fact that the reason why the DP was against Mr Mushwana was that he was a black man. He used words to that effect. Those were not his exact words. [Interjections.] I believe that this is unparliamentary and I ask you to please look at Hansard and report back to this House. [Interjections.]

The SPEAKER: Order! Hon members, I will look at Hansard and rule accordingly. Hon members, before we proceed, as one of the members of this House said earlier in the debate, whatever our differences, the time has come to put them behind us. Once the Public Protector is appointed it behoves us to support the office and its work, as well as the person holding the office, and to regard any finding free of party-political perspectives. So I appeal to all of us, this being an important part of our Constitution, to please come together and support the office and the member who occupies it. [Applause.]

                    EDUCATION LAWS AMENDMENT BILL

              (Decision of Question on Second Reading)

Question put: That the Bill be read a second time.

Division demanded.

The House divided:

AYES - 255 (ANC-222, IFP-21, UDM-8, PAC-2, MF-1, AZAPO-1).

NOES - 59 (DP-29, New NP-20, ACDP-5, FF-1, UCDP-2, FA-2).

Question agreed to.

Bill accordingly read a second time.

                  HOSTING OF PAN AFRICAN PARLIAMENT

                         (Draft Resolution)

The SPEAKER: Madam Deputy Speaker, I rise to move without notice:

That the House recommends to the Executive that South Africa give serious consideration to hosting the Pan African Parliament.

The Pan African Parliament will play a major role in shaping the African Union and its organ to meet the aspirations of the people of this continent. Locating the parliament on South African soil will both allow us to contribute to building and consolidating democracy in Africa, and, importantly, afford South Africans the opportunity to learn from the very rich experience and achievements of the institutions on our continent. I so move. Motion agreed to.

The House adjourned at 14:56. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

ANNOUNCEMENTS:

National Assembly and National Council of Provinces:

  1. The Speaker and the Chairperson:
 (1)    The Joint Tagging Mechanism (JTM) on 26 September 2002 in  terms
     of Joint Rule 160(3), classified the following Bills as section  75
     Bills:


     (i)     National Strategic Intelligence  Amendment  Bill  [B  51  -
            2002] (National Assembly - sec 75).


     (ii)    Insurance Amendment Bill [B 52 - 2002] (National Assembly
            - sec 75).


 (2)    The Minister of Trade and Industry on 11 September 2002
     submitted drafts of the Merchandise Marks Amendment Bill, 2002,
     and the Patents Amendment Bill, 2002, as well as the memorandums
     explaining the objects of the proposed legislation, to the Speaker
     and the Chairperson in terms of Joint Rule 159. The drafts have
     been referred to the Portfolio Committee on Trade and Industry and
     the Select Committee on Economic and Foreign Affairs by the
     Speaker and the Chairperson, respectively, in accordance with
     Joint Rule 159(2).


 (3)    The Minister of Arts, Culture, Science and Technology on 12
     September 2002 submitted a draft of the Natural Scientific
     Professions Bill, 2002, as well as the memorandum explaining the
     objects of the proposed legislation, to the Speaker and the
     Chairperson in terms of Joint Rule 159. The draft has been
     referred to the Portfolio Committee on Arts, Culture, Science and
     Technology and the Select Committee on Education and Recreation by
     the Speaker and the Chairperson, respectively, in accordance with
     Joint Rule 159(2).

National Assembly:

  1. The Speaker:
 (1)    The following papers have been tabled and are now referred to
     the relevant committees as mentioned below:


     (a)     The following paper is referred to the Portfolio Committee
          on Labour. The Report of the Auditor-General contained in the
          following paper is referred to the Standing Committee on
          Public Accounts for consideration and report:


          Report and Financial Statements of the Services Sector
          Education and Training Authority for 2001-2002, including the
          Report of the Auditor-General on the Financial Statements for
          2002-2002 [RP 94-2002].


     (b)     The following papers are referred to the Portfolio
          Committee on Arts, Culture, Science and Technology. The
          Reports of the Auditor-General contained in the following
          papers are referred to the Standing Committee on Public
          Accounts for consideration and report:


          (i) Report and Financial Statements of the Pan South African
                Language Board for 2001-2002, including the Report of
                the Auditor-General on the Financial Statements for
                2001-2002 [RP 166-2002].


          (ii)     Annual Report and Financial Statements of the
                National Museum of Bloemfontein for 2001-2002,
                including the Report of the Auditor-General on the
                Financial Statements for 2001-2002.


          (iii)    Annual Report and Financial Statements of the
                National English Literary Museum for 2001-2002,
                including the Report of the Auditor-General on the
                Financial Statements for 2001-2002.


     (c)      The  following  papers  are  referred  to  the   Portfolio
          Committee on Education. The  Reports  of  the  Auditor-General
          contained in the following papers are referred to the Standing
          Committee on Public Accounts for consideration and report:


          (i) Annual  Report  and  Financial  Statements  of  the  South
                African   Qualifications   Authority   for    2001-2002,
                including the  Report  of  the  Auditor-General  on  the
                Financial Statements for 2001-2002.


          (ii)      Annual  Report  and  Financial  Statements  of   the
                National Student Financial  Aid  Scheme  for  2001-2002,
                including the  Report  of  the  Auditor-General  on  the
                Financial Statements for 2001-2002 [RP 145-2002].


     (d)     The following report is referred to the Portfolio
          Committee on Public Enterprises:


          Annual Report and Financial Statements of arivia.kom for 2001-
          2002.


     (e)     The following paper is referred to the Portfolio Committee
          on Safety and Security. The Report of the Auditor-General
          contained in the following paper is referred to the Standing
          Committee on Public Accounts for consideration and report:


          Annual Report and Financial Statements of the South African
          Police Service for 2001-2002, including the Report of the
          Auditor-General on the Financial Statements for 2001-2002 [RP
          172-2002].


     (f)     The following paper is referred to the Portfolio Committee
          on Finance. The Report of the Auditor-General contained in the
          following paper is referred to the Standing Committee on
          Public Accounts for consideration and report:
          Report and Financial Statements of the National Treasury -
          Vote 7, including the Report of the Auditor-General on the
          Financial Statements for 2001-2002 [RP 176-2002].


     (g)     The following paper is referred to the Portfolio Committee
          on Water Affairs and Forestry. The Report of the Auditor-
          General contained in the following paper is referred to the
          Standing Committee on Public Accounts for consideration and
          report:


          Report and Financial Statements of the Water Research
          Commission for 2001-2002, including the Report of the Auditor-
          General on the Financial Statements for 2001-2002 [RP 137-
          2002].


     (h)     The following paper is referred to the Portfolio Committee
          on Communications. The Report of the Auditor-General contained
          in the following paper is referred to the Standing Committee
          on Public Accounts for consideration and report:


          Annual Report and Financial Statements of the Government
          Communications and Information System - Vote 6 for 2001-2002,
          including the Report of the Auditor-General on the Financial
          Statements for 2001-2002 [RP 140-2002].


     (i)     The following papers are referred to the Portfolio
          Committee on Water Affairs and Forestry:


          (i) Report and Financial Statements of the Trans Caledon
                Tunnel Authority for 2001-2002.


          (ii)     Government Notice No R 488 published in Government
                Gazette No 23342 dated 26 April 2002: Invitation to
                submit written comments on the Proposed Regulations in
                terms of section 53 of the National Forests Act, 1998
                (Act No 84 of 1998).


 (2)    The vacancy which occurred owing to the resignation of Ms N E
     Hangana, has been filled with effect from 25 September 2002 by the
     nomination of Ms M M Ratsoma.


 (3)    The vacancy which occurred owing to the resignation of Dr M W
     Serote, has been filled with effect from 25 September 2002 by the
     nomination of Mr E N Mthethwa.
 (4)    The vacancy which occurred owing to the resignation of Sister B
     Ncube, has been filled with effect from 25 September 2002 by the
     nomination of Ms S P Rwexana.


 (5)    The vacancy which occurred owing to the death of Mr S V Tshwete,
     has been filled with effect from 25 September 2002 by the
     nomination of Mr N Ngcobo.


 (6)    The vacancy which occurred owing to the resignation of Ms P
     Govender, has been filled with effect from 25 September 2002 by
     the nomination of Ms P Tshwete.


 (7)    The vacancy which occurred owing to the death of Mr P R Mokaba,
     has been filled with effect from 25 September 2002 by the
     nomination of Ms M P Mentor.

TABLINGS:

National Assembly and National Council of Provinces:

Papers:

  1. The Minister of Transport:
 Proclamation No R69 published in Government Gazette No 23849  dated  20
 September 2002, Commencement of the National Railway  Safety  Regulator
 Act, 2002 (Act No 16 of 2002), made in  terms  of  section  16  of  the
 National Railway Safety Regulator Act, 2002 (Act No 16 of 2002).
  1. The Minister of Public Enterprises:
 Report and Financial Statements of Denel (Pty) Limited for 2001-2002.
  1. The Minister for the Public Service and Administration:
 Report and Financial Statements of  the  State  Information  Technology
 Agency for 2001-2002, including the Report of  the  Auditor-General  on
 the Financial Statements for 2001-2002.

COMMITTEE REPORTS:

National Assembly:

  1. Report of the Portfolio Committee on Justice and Constitutional Development on the Institution of Legal Proceedings against Organs of State Bill [B 65B - 99] (National Assembly - sec 75), dated 25 September 2002:

    The Portfolio Committee on Justice and Constitutional Development, having considered the Institution of Legal Proceedings against Organs of State Bill [B 65B - 99] (National Assembly - sec 75) and proposed amendments of the National Council of Provinces (Announcements, Tablings and Committee Reports, 30 August 2002, p 1373), referred to the Committee, reports the Bill with amendments [B 65C - 99].

 Report to be considered.
  1. Report of the Portfolio Committee on Justice and Constitutional Development on the Promotion of Administrative Justice Amendment Bill [B 46 - 2002] (National Assembly - sec 75), dated 25 September 2002:

    The Portfolio Committee on Justice and Constitutional Development, having considered the subject of the Promotion of Administrative Justice Amendment Bill [B 46 - 2002] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B 46A - 2002], and endorses the classification of the Bill as a section 75 Bill.

  2. Report of the Portfolio Committee on Transport on the Administrative Adjudication of Road Traffic Offences Amendment Bill [B 42 - 2002] (National Assembly - sec 76), dated 25 September 2002:

    The Portfolio Committee on Transport, having considered the subject of the Administrative Adjudication of Road Traffic Offences Amendment Bill [B 42 - 2002] (National Assembly - sec 76), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill with amendments [B 42A - 2002].