National Council of Provinces - 09 September 2002
MONDAY, 9 SEPTEMBER 2002 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 12:00.
The Chairperson of Committees 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
Mnr C ACKERMANN: Voorsitter, ek gee hiermee kennis dat ek by die volgende sitting van die Raad gaan voorstel:
Dat die Raad -
(1) kennis neem dat - (a) die onaanvaarbare voortslepende politieke verleentheid in die Unistad van Kaapstad onder leiding van mnr Tony Leon se DA ‘n breekpunt bereik het;
(b) dié onverkwiklike negatiwiteit oor die leierskap van
burgemeester Gerald Morkel besig is om nie net na die Wes-Kaap
nie, maar ook die hele land se DA uit te brei; en
(c) mnr Leon se swygsaamheid oor mnr Morkel en sy Duitse skandaal
besig is om Leon in 'n maalkolk in te trek en te kelder; en
(2) van mening is dat mnr Leon se bemarkbaarheid as alternatiewe regeringsleier vir Suid-Afrika en sy beeld as vegter teen korrupsie onherstelbaar skade gely het; en
(3) ‘n beroep op mnr Tony Leon doen om te bedank. (Translation of Afrikaans motion follows.)
[Mr C ACKERMANN: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move:
That the Council -
(1) notes that -
(a) the unacceptable ongoing political embarrassment in the Unicity
of Cape Town, under the leadership of Mr Tony Leon's DP, has
reached breaking point;
(b) the unsavoury negativity regarding the leadership of Mayor
Gerald Morkel is spreading, not only to the Western Cape, but
also to the DA of the entire country;
(c) Mr Leon's silence regarding Mr Morkel and his German scandal is
drawing Leon into a whirlpool and sinking him;
(2) is of the opinion that Mr Leon’s marketability as an alternative Government leader of South Africa and his image as a fighter against corruption has suffered irreparable damage; and
(3) calls on Mr Tony Leon to resign.]
INITIATIVE BY CAPE TOWN MAGISTRATES
(Draft Resolution)
Mr Z S KOLWENI: Chairperson, I move without notice:
That the Council -
(1) notes -
(a) the initiative taken by magistrates from Cape Town who
sacrificed their free time to work on Saturdays without getting
paid; and
(b) that through their praiseworthy action, these magistrates have
been able to clear many long-awaited serious cases in regions
across the Western Cape;
(2) believes their unselfish action has brought peace of mind to many of the victims and families of victims who have been frustrated by the long delay in these cases;
(3) commends all magistrates who participated in this initiative; and
(4) expresses the hope that their action will positively inspire other magistrates throughout the country to follow their example and show communities that our criminal justice system is sympathetic towards and responding to their needs.
Motion agreed to in accordance with section 65 of the Constitution.
FOETAL ALCOHOL SYNDROME DAY
(Draft Resolution) Dr P J C NEL: Chairperson, I move without notice:
That the Council -
(1) notes that -
(a) today is the ninth of the ninth month and because the duration
of pregnancy is nine months, this day was declared Foetal
Alcohol Syndrome Day;
(b) the incidence of Foetal Alcohol Syndrome in South Africa is
exceptionally high, in some areas as high as one in every 15
births;
(c) Foetal Alcohol Syndrome is a very serious health problem that
tragically affects its victims, who often experience mental
health problems, disrupted school experience and behaviour
problems caused by alcohol and drug abuse; and
(d) causing a child to suffer from Foetal Alcohol Syndrome is really
nothing short of child abuse that lasts for life, and is
completely preventable; and
(2) requests the Department of Health to do everything possible to alert mothers to be, and to encourage them not to use alcohol during pregnancy - even a small amount of alcohol can be devastating.
Motion agreed to in accordance with section 65 of the Constitution.
CONGRATULATIONS ON HOSTING A SUCCESSFUL UNITED NATIONS SUMMIT
(Draft Resolution)
The CHIEF WHIP OF THE COUNCIL: Chairperson, I move without notice:
That the Council -
(1) congratulates the South African Government for its role and the support it has provided in hosting one of the biggest and most successful United Nations summits in recent history;
(2) applauds the efforts of all role-players, including the city of Johannesburg and the Johannesburg World Summit Company, public and private institutions, our Ministers, Premiers, Mayors, elected representatives, national, provincial and local officials, security forces, volunteers, business people, artists and other creative workers, the SABC and other media organisations and most importantly the masses of our people for making this historic event a resounding success; and
(3) concurs with the sentiments expressed by delegates that this summit, more than any other summit, has succeeded in generating a sense of urgency, commitments for action and partnerships to achieve measurable results in our struggle to reverse the high levels of global poverty and environmental degradation.
Motion agreed to in accordance with section 65 of the Constitution.
ORGANISATION OF AFRICAN UNITY CONVENTION FOR THE PREVENTION AND COMBATING OF TERRORISM
(Consideration of Report of Select Committee on Security and Constitutional Affairs)
Kgoshi M L MOKOENA: Thank you, Chairperson. It is not by chance that South Africa played a leading role in Nepad. It is not as a favour that South Africa today is chairing the AU. It is because of the valuable contribution we are making in South Africa and on the continent that we are in the position we are actually in. It is for the very same reason that the OAU Convention on the Prevention and Combating of Terrorism had to be ratified by us.
The terrorism issue is a cross-cutting matter which involves several departments, especially the SA Police Service, the Department of Justice and the Department of Foreign Affairs at a substantive level. The OAU convention forms an important part of the regional framework in combating terrorism and should therefore be ratified expeditiously.This convention was signed by South Africa, as a member state of the Organisation of African Unity, now called the AU, after it was adopted on 14 July 1999.
The 1993 Constitution of the Republic of South Africa ends with an epilogue entitled ``National Unity and Reconciliation’’. It goes on up until today:
This Constitution provides a historic bridge between the past of a deeply divided society characterised by strife, conflict, untold suffering and injustice, and a future founded on the recognition of human rights, democracy and peaceful co-existence and development opportunities for all South Africans, irrespective of colour, race, class, belief or sex.
The convention strives to strengthen the exchange of information between state parties regarding the following: terrorist groups, their activities and arrests; communication and propaganda methods; movement of their leaders and their travel documents; and studies, research and expertise relating to control of terrorist acts.
The history of the political offences exclusion in the convention may be of interest. The introduction of an exclusion for political offences in the convention is a fairly new concept and has been welcomed by many countries as a revolutionary clause that gives real meaning to the terrorism convention.
The fact that the political offence clause operates within the framework of the convention with a specifically defined offence has meant that it is possible to restrict the exclusion clause to that specific offence without doing away with the general principle of political offences completely.
States like Australia, in giving effect to the political offence exclusion in their domestic legislation, include a clause in extradition legislation specifically excluding the political offence exception for the specified acts of the convention, while still retaining the general principle.
One of the clauses to be noted in this convention is to the effect that the political offence exclusion clause is balanced in all the conventions by a complementary clause immediately following it, which retains an element of the political offence exclusion principle by allowing the state to refuse prosecution or extradition if there are substantial grounds for believing that the person is being prosecuted on discriminatory grounds, eg by virtue of that person’s race, religion or political opinion. This in turn supports the constitutional epilogue I have mentioned above. This balance has enabled many states with a strong foundation in the political offence exclusion clause to accept the clause, and on the whole it has not been controversial in negotiations.
This convention follows the unfortunate incidents at the World Trade Centre, the Pentagon and in Pittsburg. The Security Council of the United Nations adopted a Chapter VII resolution, binding all member states. This resolution is significant for a number of reasons, including the fact that it reproduced some of the provisions of the international convention for the suppression of the financing of terrorism, thereby creating the same legal obligations separately from the convention.
Some of the obligations which were placed on member states are as follows, for members to note: the prevention and suppression of financing of terrorism; the criminalising of the wilful provision of funds for such acts; the taking of necessary steps to prevent the commission of terrorist acts; the bringing to justice of those who have participated in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts - the seriousness of such acts must be duly reflected in the sentence; the prevention of movement of terrorists or their groups by effective border control; and that claims of political motivation shall not be recognised as grounds for refusing the request for the extradition of alleged terrorists. South Africa has supported also, in the Non-Aligned Movement, the combating of terrorism.
Currently, terrorism is addressed by Section 52(1) of the Internal Security Act, Act No 74 of 1982. The SA Law Commission is reviewing security legislation so as to comply with international standards as laid on this convention.
We are not blowing our own trumpet; it is a fact: South Africa leads by example. I have the feeling that members are going to proudly vote for this convention. On behalf of my Government, I put this convention before the Council for adoption.
Debate concluded.
The CHAIRPERSON OF COMMITTEES: That concludes the debate. I shall now put the question. The question is that the report be adopted. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all the delegation heads are present in the Chamber to cast their votes. Are all delegation heads present? In accordance with Rule 71, I shall first allow provinces the opportunity to make their declaration of vote, if they so wish.
We shall now proceed to the voting on the question and I will do this in alphabetical order per province. We will not be using the electronic voting system. Delegation heads must please indicate to the Chair whether they vote in favour or against, or abstain from voting. Eastern Cape?
Ms B N DLULANE: Inaudible.
The CHAIRPERSON OF COMMITTEES: The hon member did not listen. Free State?
Mr T RALANE: We vote in favour. The CHAIRPERSON OF COMMITTEES: Gauteng?
Ms J L KGOALI: Gauteng e ya tlatsa. [Gauteng supports that.]
The CHAIRPERSON OF COMMITTEES: KwaZulu-Natal?
Prince B Z ZULU: Siyaweseka. [We support it.]
The CHAIRPERSON OF COMMITTEES: Mpumalanga?
Ms M P THEMBA: Mpumalanga supports.
The CHAIRPERSON OF COMMITTEES: Northern Cape?
Mrs E N LUBIDLA: Northern Cape supports.
The CHAIRPERSON OF COMMITTEES: Northern Province?
An HON MEMBER: We vote in favour.
The CHAIRPERSON OF COMMITTEES: North West?
Mr Z S KOLWENI: North West in favour. The CHAIRPERSON OF COMMITTEES: Western Cape?
Mr C ACKERMANN: In favour.
The CHAIRPERSON OF COMMITTEES: All provinces have voted in favour. I therefore declare the question agreed to.
The Council adjourned at 12:15. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
THURSDAY, 22 AUGUST 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The following Bill was introduced by the Minister for Justice
and Constitutional Development in the National Assembly on 22
August 2002 and referred to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160:
(i) Promotion of Equality and Prevention of Unfair
Discrimination Amendment Bill [B 41 - 2002] (National Assembly
- sec 75) [Explanatory summary of Bill and prior notice of its
introduction published in Government Gazette No 23728 of 8
August 2002.]
The Bill has been referred to the Portfolio Committee on Justice
and Constitutional Development of the National Assembly.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the JTM within three parliamentary
working days.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Finance:
(a) Government Notice No R 58 published in Government Gazette No
23600 dated 5 July 2002: Amendment of Schedule 1, made in terms of
section 33 of the South African Revenue Services Act, 1997 (Act No
34 of 1997).
(b) Government Notice No R 987 published in Government Gazette No
23651 dated 19 July 2002: Regulations in terms of section 18 of
the Unemployment Insurance Contributions Act, 2002 (Act No 4 of
2002).
(c) Government Notice No R 990 published in Government Gazette No
23651 dated 19 July 2002: Determination of limit on amount of
remuneration for purposes of determination of contribution in
terms of section 6 of the Unemployment Insurance Contributions
Act, 2002 (Act No 4 of 2002).
National Council of Provinces:
- The Chairperson:
Written comments received from the public and provincial legislatures
on the Constitution of the Republic of South Africa Third Amendment
Bill [B 33 - 2002], submitted by the Minister for Justice and
Constitutional Development in terms of section 74(6)(b) of the
Constitution, 1996.
Referred to the Select Committee on Security and Constitutional
Affairs.
FRIDAY, 23 AUGUST 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Minister for Justice and Constitutional Development
introduced the uMthethosivivinywa wokuChibiyela ukuQhubekisa
ukuLingana nokuVimbela uBandlululo olungaLungile [B 41 - 2002]
(National Assembly - sec 75) in the National Assembly on 22 August
2002. This is the official translation into isiXhosa of the
Promotion of Equality and Prevention of Unfair Discrimination
Amendment Bill [B 41 - 2002] (National Assembly - sec 75) which
was also introduced on that day.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Home Affairs:
The Employment Equity Report of the Independent Electoral Commission
for 2001, tabled in terms of section 22 of the Employment Equity Act,
1998 (Act No 55 of 1998).
- The Minister of Finance:
(a) Annual Report and Financial Statements of the Financial Services
Board for 2001-2002, including the Report of the Auditor-General
on the Financial Statements for 2001-2002.
(b) The Annual Financial Statements of the Corporation for Public
Deposits for 2001-2002.
- The Minister of Public Works:
Community Based Public Works Programme - With our Hands Alleviating
Poverty in South Africa.
- The Minister for Justice and Constitutional Development:
Draft Regulations in terms of the Promotion of Equality and the
Prevention of Unfair Discrimination Act, 2000 (Act No 4 of 2000) tabled
in terms of section 30(4)(a) of the Act.
- The Minister of Labour:
(a) Annual Report and Financial Statements of the Mining
Qualifications Authority for 2001-2002, including the Report of
the Auditor-General on the Financial Statements for 2001-2002.
(b) Annual Report and Financial Statements of the Financial and
Accounting Services Sector Education and Training Authority for
2001-2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 [RP 138-2002].
MONDAY, 26 AUGUST 2002 TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Finance:
(a) Government Notice No 762 published in Government Gazette No
23477 dated 30 May 2002, Statement of the National Revenue,
Expenditure and Borrowing as at 30 April 2002, in terms of section
32 of the Public Finance Management Act, 1999 (Act No 1 of 1999).
(b) Government Notice No 898 published in Government Gazette No
23580 dated 28 June 2002, Statement of the National Revenue,
Expenditure and Borrowing as at 31 May 2002, in terms of section
32 of the Public Finance Management Act, 1999 (Act No 1 of 1999).
WEDNESDAY, 28 AUGUST 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Joint Tagging Mechanism (JTM) on 24 August 2002 in terms of
Joint Rule 160(6), classified the following Bills as section 75
Bills:
(i) Occupational Diseases in Mines and Works Amendment Bill [B
39 - 2002] (National Assembly - sec 75).
(ii) Medicines and Related Substances Amendment Bill [B 40 -
2002] (National Assembly - sec 75).
(iii) Promotion of Equality and Prevention of Unfair
Discrimination Amendment Bill [B 41 - 2002] (National
Assembly - sec 75).
(2) The Joint Tagging Mechanism (JTM) on 24 August 2002 in terms of
Joint Rule 160(6), classified the following Bill as a section 76
Bill:
(i) International Trade Administration Bill [B 38 - 2002]
(National Assembly - sec 76).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Annual Report and Financial Statements of the Financial and Fiscal
Commission for 2001-2002, including the Report of the Auditor-General
on the Financial Statements for 2001-2002 [RP 132-2002].
- The Minister of Labour:
(a) Annual Report and Financial Statements of the Forest Industries
Education and Training Authority for 2001-2002, including the
Report of the Auditor-General on the Financial Statements for 2001-
2002 [RP 100-2002].
(b) Annual Report and Financial Statements of the Insurance Sector
Education and Training Authority for 2001-2002, including the
Report of the Auditor-General on the Financial Statements for 2001-
2002 [RP 103-2002].
(c) Annual Report and Financial Statements of the Primary
Agriculture Education and Training Authority for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 109-2002].
THURSDAY, 29 AUGUST 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Minister of Transport on 23 August 2002 submitted a draft of
the Administrative Adjudication of Road Traffic Offences Amendment
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 Transport and the Select Committee on
Public Services by the Speaker and the Chairperson, respectively,
in accordance with Joint Rule 159(2).
(2) The following Bill was introduced by the Minister of Transport
in the National Assembly on 29 August 2002 and referred to the
Joint Tagging Mechanism (JTM) for classification in terms of Joint
Rule 160:
(i) Administrative Adjudication of Road Traffic Offences
Amendment Bill [B 42 - 2002] (National Assembly - sec 76)
[Explanatory summary of Bill and prior notice of its
introduction published in Government Gazette No 23733 of 12
August 2002.]
The Bill has been referred to the Portfolio Committee on Transport
of the National Assembly.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the JTM within three parliamentary
working days.
National Council of Provinces:
- The Chairperson:
The following papers have been tabled and are now referred to the
relevant committees as mentioned below:
(1) The following papers are referred to the Select Committee on
Finance:
(a) Government Notice No R 58 published in Government Gazette
No 23600 dated 5 July 2002: Amendment of Schedule 1, made in
terms of section 33 of the South African Revenue Service Act,
1997 (Act No 34 of 1997).
(b) Government Notice No R 987 published in Government Gazette
No 23651 dated 19 July 2002: Regulations in terms of section
18 of the Unemployment Insurance Contributions Act, 2002 (Act
No 4 of 2002).
(c) Government Notice No R 990 published in Government Gazette
No 23651 dated 19 July 2002: Determination of limit on amount
of remuneration for purposes of determination of contribution
in terms of section 6 of the Unemployment Insurance
Contributions Act, 2002 (Act No 4 of 2002).
(d) Annual Report and Financial Statements of the Financial
Services Board for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002.
(e) The Annual Financial Statements of the Corporation for
Public Deposits for 2001-2002.
(2) The following papers are referred to the Select Committee on
Security and Constitutional Affairs:
(a) Proclamation No R 54 published in Government Gazette No
23548 dated 21 June 2002, Commencement of section 35 of the
Judicial Matters Amendment Act, 2000 (Act No 62 of 2000).
(b) Proclamation No R 55 published in Government Gazette No
23553 dated 24 June 2002: Referral of matters to existing
Special Investigating Unit and Special Tribunal, tabled in
terms of the Special Investigating Units and Special Tribunals
Act, 1996 (Act No 74 of 1996).
(c) Government Notice No R 894 published in Government Gazette
No 23564 dated 5 July 2002: Regulations made in terms of the
Judges' Remuneration and Conditions of Employment Act, 2001
(Act No 47 of 2001).
(d) Proclamation No R 66 published in Government Gazette No
23730 dated 8 August 2002: Referrral of matters to existing
Special Investigating Unit and Special Tribunal Act, made in
terms of the Act (Act No 74 of 1996).
(3) The following papers are referred to the Select Committee on
Labour and Public Enterprises:
(a) Annual Report and Financial Statements of the Banking
Sector Education and Training Authority for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 95-2002].
(b) Annual Report and Financial Statements of the Mining
Qualifications Authority for 2001-2002, including the Report
of the Auditor-General on the Financial Statements for 2001-
2002.
(c) Annual Report and Financial Statements of the Financial
and Accounting Services Sector Education and Training
Authority for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 138-
2002].
(4) The following paper is referred to the Select Committee on
Social Services:
The Employment Equity Report of the Independent Electoral
Commission for 2001, tabled in terms of section 22 of the
Employment Equity Act, 1998 (Act No 55 of 1998).
(5) The following paper is referred to the Select Committee on
Education and Recreation:
Annual Report of the National Advisory Council on Innovation for
2001.
(6) The following paper is referred to the Select Committee on
Public Services:
Community Based Public Works Programme - With our Hands
Alleviating Poverty in South Africa.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Labour:
Annual Report and Financial Statements of the Clothing, Textile,
Footwear and Leather Sector Education and Training Authority for 2001-
2002, including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 112-2002].
- The Minister in The Presidency:
Annual Report and Financial Statements of the Government Communication
and Information System - Vote No 7 for 2001-2002, including the Report
of the Auditor-General on the Financial Statements for 2001-2002 [RP
140-2002].
FRIDAY, 30 AUGUST 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) In the Memorandum on the Objects of the Administrative
Adjudication of Road Traffic Offences Amendment Bill [B 42 - 2002]
(National Assembly - sec 76), introduced in the National Assembly
by the Minister of Transport on 29 August 2002, it is incorrectly
stated that the Bill should, in the opinion of the State Law
Advisers and the Department of Transport, be dealt with in
accordance with the procedure established by "section 75" of the
Constitution. The wording should have been "section 76", as is
correctly indicated on the front page of the Bill.
(2) The Minister of Defence submitted the uMthethosivivinywa
wezokuVikela [B 60 - 2001] (National Assembly - sec 75) to the
Speaker and the Chairperson on 30 August 2002. This is the
official translation into isiZulu of the Defence Bill [B 60 -
2001] (National Assembly - sec 75), which was introduced in the
National Assembly by the Minister on 4 September 2001.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson
Annual Report and Financial Statements of Parliament of the Republic of
South Africa for 2001-2002, including the Report of the Auditor-General
on the Financial Statements for 2001-2002 [RP 163-2002].
- The Minister of Transport:
Annual Report and Financial Statements of the South African Rail
Commuter Corporation for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 151-2002].
- The Minister of Labour:
(a) Annual Report and Financial Statements of the Department of
Labour for 2001-2002, including the Report of the Auditor-General
on the Financial Statements for 2001-2002 [RP 116-2002].
(b) Annual Report and Financial Statements of the Chemical
Industries Education and Training Authority for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 93-2002].
(c) Annual Report and Financial Statements of the Food and Beverages
Sector Education and Training Authority for 2001-2002, including
the Report of the Auditor-General on the Financial Statements for
2001-2002 [RP 99-2002].
(d) Annual Report and Financial Statements of the Media,
Advertising, Publishing, Printing and Packaging Sector Education
and Training Authority for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002 [RP 105-
2002].
(e) Annual Report and Financial Statements of the Secondary
Agriculture Sector Education and Training Authority for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 111-2002].
(f) Annual Report and Financial Statements of the Transport Sector
Education and Training Authority for 2001-2002, including the
Report of the Auditor-General on the Financial Statements for 2001-
2002 [RP 114-2002].
(g) Annual Report and Financial Statements of the Wholesale and
Retail Services Sector Education and Training Authority for 2001-
2002, including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 115-2002].
(h) Annual Report and Financial Statements of the Education,
Training and Development Practices Sector Education and Training
Authority for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 134-2002].
(i) Annual Report and Financial Statements of the Construction
Education and Training Authority for 2001-2002, including the
Report of the Auditor-General on the Financial Statements for 2001-
2002 [RP 136-2002].
(j) Annual Report and Financial Statements of the Information
Systems, Electronics and Telecommunications Technologies Sector
Education and Training Authority for 2001-2002, including the
Report of the Auditor-General on the Financial Statements for 2001-
2002.
(k) Annual Report and Financial Statements of the Tourism,
Hospitality and Sport Sector Education and Training Authority for
2001-2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002.
(l) Annual Report and Financial Statements of the Diplomacy,
Intelligence, Defence and Trade Sector Education and Training
Authority for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002.
(m) Annual Report and Financial Statements of the Manufacturing,
Engineering and Related Services Education and Training Authority
for 2001-2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002.
- The Minister of Minerals and Energy:
(a) Annual Report and Financial Statements of the Department of
Minerals and Energy for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002 [RP 159-
2002].
(b) Annual Report and Financial Statements of the Central Energy
Fund for 2000-2001, including the Report of the Auditor-General on
the Financial Statements for 2000-2001 [RP 30-2002].
(c) Annual Report and Financial Statements of the Council for
Mineral Technology (MINTEK) for 2001-2002, including the Report of
the Auditor-General on the Financial Statements for 2001-2002 [RP
92-2002].
(d) Annual Report and Financial Statements of the Central Energy
Fund for 2001-2002, including the Report of the Auditor-General on
the Financial Statements for 2001-2002 [RP 98-2002].
(e) Annual Report and Financial Statements of the Council for
Geoscience for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 128-2002].
(f) Annual Report and Financial Statements of the National
Electricity Regulator for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002.
(g) Annual Report and Financial Statements of the Nuclear Energy
Corporation Limited for 2001-2002.
(h) Annual Report and Financial Statements of the National Nuclear
Regulator for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002.
COMMITTEE REPORTS:
National Council of Provinces:
- Report of the Select Committee on Security and Constitutional Affairs on the Institution of Legal Proceedings against Organs of State Bill [B 65B - 99] (National Assembly - sec 75), dated 21 August 2002:
The Select Committee on Security and Constitutional Affairs, having
considered the subject of the Institution of Legal Proceedings against
Organs of State Bill [B 65B - 99] (National Assembly - sec 75),
referred to it, reports the Bill with proposed amendments, as follows:
NEW PREAMBLE
1. On page 2, after the Long Title, to insert:
PREAMBLE
RECOGNISING THAT certain provisions of existing laws provide for-
* different notice periods for the institution of legal
proceedings against certain organs of state in respect of the
recovery of a debt;
* different prescription periods in respect of such debts;
AND RECOGNISING THAT-
* the Prescription Act, 1969 (Act No 68 of 1969), consolidated
and amended the laws relating to prescription and that that Act
is the cornerstone of the laws regulating the extinction of
debts by prescription;
* some of the provisions of existing laws which provide for
different prescription periods in respect of certain debts are
inconsistent with the periods of prescription prescribed by the
Prescription Act, 1969;
AND BEARING IN MIND THAT-
* South Africa has moved from a parliamentary sovereign state to
a democratic constitutional sovereign state;
* the Bill of Rights is the cornerstone of democracy in South
Africa and that the State must respect, protect, promote and
fulfil the rights in the Bill of Rights;
* section 34 of the Constitution provides that everyone has the
right to have any dispute that can be resolved by the
application of law decided in a fair public hearing before a
court or, where appropriate, another independent and impartial
tribunal or forum;
* the right of access to courts may be limited to the extent that
the limitation is reasonable and justifiable in an open and
democratic society based on human dignity, equality and freedom
as contemplated in section 36 of the Constitution;
AND RECOGNISING the need to harmonise and create uniformity in
respect of the provisions of existing laws which provide for-
* different notice periods for the institution of legal
proceedings against certain organs of state for the recovery of
a debt, by substituting them with a uniform notice period which
will apply in respect of the institution of legal proceedings
against certain organs of state for the recovery of a debt;
* different prescription periods, by making the provisions of
Chapter III of the Prescription Act, 1969, applicable to all
debts;
AND RECOGNISING the need to provide for transitional arrangements
to ensure a smooth transition between the various existing
statutory provisions regulating notice periods for the institution
of legal proceedings against certain organs of state in respect of
the recovery of a debt and the prescription periods of such debt,
and the provisions of this Act;
AND BEARING IN MIND the limited need, for legal or practical
purposes, to retain certain provisions of existing laws which
provide for-
* notice periods that differ from the envisaged uniform notice
period;
* prescription periods that differ from the periods of
prescription prescribed by Chapter III of the Prescription Act,
1969,
ENACTING CLAUSE
1. On page 2, in line 1, after "IT" to insert "THEREFORE".
CLAUSE 1
1. On page 2, from line 11, to omit paragraph (iii) and to
substitute:
(iii) "debt" means any debt arising from any cause of action-
(a) which arises from delictual, contractual or any other
liability, including a cause of action which relates to
or arises from any-
(i) act performed under or in terms of any law; or
(ii) omission to do anything which should have been
done under or in terms of any law; and
(b) for which an organ of state is liable for payment of
damages,
whether such debt became due before or after the fixed
date;
2. On page 2, from line 29, to omit paragraph (d).
3. On page 3, after line 15, to insert:
(2) This Act does not apply to any debt-
(a) which has been extinguished by prescription before
the fixed date; or
(b) which has not been extinguished by prescription
before the fixed date and in respect of which any
legal proceedings were instituted before the fixed
date.
(3) Any legal proceedings referred to in subsection (2)(b)
must be continued and concluded as if this Act had not been
passed.
NEW HEADING
1. On page 3, after line 17, to insert "Part 1".
CLAUSE 2
Clause rejected.
NEW CLAUSE
1. That the following be a new Clause:
Prescription of debts, and amendment or repeal of laws and
transitional arrangements relating to prescription of debts
2.(1) The laws referred to in the Schedule are, as from the
fixed date, amended or repealed to the extent set out
in the third column of the Schedule.
(2) Subject to section 3 and subsections (3) and (4), a
debt which became due-
(a) before the fixed date, which has not been
extinguished by prescription and in respect of
which legal proceedings were not instituted
before that date; or
(b) after the fixed date,
will be extinguished by prescription as
contemplated in Chapter III of the Prescription
Act, 1969 (Act No. 68 of 1969), read with the
provisions of that Act relating thereto.
(3) Subject to subsection (4), any period of
prescription which was applicable to any debt
referred to in subsection (2)(a), before the fixed
date, will no longer be applicable to such debt after
the fixed date.
(4) (a) The expired portion of any period of prescription
applicable to a debt referred to in subsection
(2)(a), must be deducted from the said period of
prescription contemplated in Chapter III of the
Prescription Act, 1969, read with the provisions of
that Act relating thereto, and the balance of the
period of prescription so arrived at will constitute
the new unexpired portion of prescription for such
debt, applicable as from the fixed date.
(b) If the unexpired portion of the period of
prescription of a debt referred to in paragraph (a)
will be completed within 12 months after the fixed
date, that period of prescription must only be
regarded as having been completed 12 months after the
fixed date.
NEW HEADING
1. On page 3, after line 38, to insert "Part 2".
CLAUSE 3
1. On page 3, from line 44, to omit paragraph (b) and to
substitute:
(b) the organ of state in question has consented in writing to
the institution of those legal proceedings -
(i) without such notice; or
(ii) upon receipt of a notice which does not comply with
all the requirements set out in subsection (2).
2. On page 3, from line 59, to omit paragraph (b) and to
substitute:
(b) a debt referred to in section 2(2)(a), must be regarded as
having become due on the fixed date.
CLAUSE 4
1. On page 4, from line 31, to omit paragraph (d).
2. On page 4, in line 41, to omit the second "(g)" and to
substitute "(f)".
CLAUSE 5
1. On page 5, in line 2, to omit "in terms of" and to substitute
"by".
2. On page 5, in line 4, to omit "in respect of" and to substitute
"for".
3. On page 5, in line 5, to omit "in terms of" and to substitute
"by".
4. On page 5, from line 7, to omit "Deputy President, in respect of
anything done pursuant to the Intelligence Services Act, 1994 (Act
No. 38 of 1994), or the".
5. On page 5, in line 12, to omit "of" and to substitute "for".
6. On page 5, in line 22, to omit "appointed under section 3(3)"
and to substitute "as defined in section 1".
7. On page 5, in line 24, after "Commissioner" to insert "of
Correctional Services".
CLAUSE 6
1. On page 5, in line 34, after "against" to insert "certain".
2. On page 5, in line 34, to omit "2000" and to substitute "2002".
SCHEDULE
1. On page 6, to omit the item relating to "Act No. 91 of 1964".
2. On page 6, in the third column of the item relating to "Act No.
68 of 1995", to omit "The repeal of section 57." and to
substitute:
1. The repeal of section 57.
2. The amendment of section 64I-
(a) by the substitution for subsection (1) of the following
subsection:
"(1) Any legal proceedings against a municipal police
service or member of a municipal police service [in
respect of any alleged act performed under or in terms of
this Act or any other law, or an alleged failure to do
anything which should have been done in terms of this Act
or any other law] for the recovery of a debt as defined
in the Institution of Legal Proceedings against certain
Organs of State Act, 2002, shall be instituted against
the municipal council in question."; and
(b) by the deletion of subsection (2).
3. On page 7, after the item relating to "Act No. 111 of 1998", to
insert the following item:
Act No. 32 Local Government:The amendment of of 2000Municipal
Systemssection 109 by Act, 2000 the deletion of subsection (1).
LONG TITLE
1. On page 2, in the first line, after "prescription" to insert:
and to harmonise the prescription periods
2. On page 2, in the first line, to omit the first "certain".
3. On page 2, in the third line, to omit "certain debts" and to
substitute "the recovery of debt".
TUESDAY, 3 SEPTEMBER 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Minister for Justice and Constitutional Development on 8
August 2002 submitted a draft of the Promotion of Administrative
Justice Amendment 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 Justice and Constitutional
Development and the Select Committee on Security and
Constitutional Affairs by the Speaker and the Chairperson,
respectively, in accordance with Joint Rule 159(2).
(2) The following Bill was introduced by the Minister of Safety and
Security in the National Assembly on 2 September 2002 and referred
to the Joint Tagging Mechanism (JTM) for classification in terms
of Joint Rule 160:
(i) Explosives Bill [B 43 - 2002] (National Assembly - sec 75)
[Explanatory summary of Bill and prior notice of its
introduction published in Government Gazette No 23738 of 8
August 2002.]
The Bill has been referred to the Portfolio Committee on Safety
and Security of the National Assembly.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the JTM within three parliamentary
working days.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Home Affairs:
The Employment Equity Report of the Department of Home Affairs for
2001, tabled in terms of section 22 of the Employment Equity Act, 1998
(Act No 55 of 1998).
-
The Minister of Defence: Annual Report and Financial Statements of the Department of Defence for 2001-2002, including the Report of the Auditor-General on the Financial Statements for 2001-2002 [RP 162-2002].
-
The Minister of Health:
Annual Report and Financial Statements of the Department of Health for 2001-2002, including the Report of the Auditor-General on the Financial Statements for 2001-2002 [RP 154-2002].
WEDNESDAY, 4 SEPTEMBER 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The following Bill was introduced by the Minister of Defence in
the National Assembly on 4 September 2002 and referred to the
Joint Tagging Mechanism (JTM) for classification in terms of Joint
Rule 160:
(i) Anti-Personnel Mines Prohibition Bill [B 44 - 2002]
(National Assembly - sec 75) [Explanatory summary of Bill and
prior notice of its introduction published in Government
Gazette No 23744 of 26 August 2002.]
The Bill has been referred to the Portfolio Committee on Defence
of the National Assembly.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the JTM within three parliamentary
working days.
(2) The Joint Tagging Mechanism (JTM) on 4 September 2002 in terms
of Joint Rule 160(4), classified the following Bill as a section
76 Bill:
(i) Administrative Adjudication of Road Traffic Offences
Amendment Bill [B 42 - 2002] (National Assembly - sec 76).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Arts, Culture, Science and Technology:
(1) Report and Financial Statements of the Engelenburg House Art
Collection for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002.
(2) Report and Financial Statements of the Freedom Park Trust for
2001-2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 [RP 141-2002].
(3) Report and Financial Statements of the Natal Museum for 2001-
2002 and the Report of the Auditor-General on the Financial
Statements for 2001-2002.
(4) Report and Financial Statements of the South African Heritage
Resources Agency for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002 [RP 125-
2002].
(5) Report and Financial Statements of the War Museum of the Boer
Republic for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002.
(6) Report and Financial Statements of the Iziko Museums of Cape
Town for 2001-2002, including the Report of the Auditor-General on
the Financial Statements for 2001-2002.
- The Minister for Agriculture and Land Affairs:
Report and Financial Statements of the Department of Land Affairs,
including the Report of the Auditor-General on the Financial Statements
of the Department of Land Affairs - Vote 28 for 2001-2002 and the
Report of the Auditor-General on the registration of the Deeds Trading
Account for 2001-2002 [RP 160-2002].
THURSDAY, 5 SEPTEMBER 2002
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
-
The Minister of Finance: Annual Report and Financial Statements of the Development Bank of Southern Africa Limited for 2001-2002.
-
The Minister of Arts, Culture, Science and Technology:
Annual Report and Financial Statements of the Zoological Gardens of
South Africa for 2001-2002, including the Report of the Auditor-General
on the Financial Statements for 2001-2002 [RP 130-2002].
FRIDAY, 6 SEPTEMBER 2002
ANNOUNCEMENTS:
National Council of Provinces:
- The Chairperson:
The following papers have been tabled and now are referred to the
relevant committees as mentioned below:
(1) The following papers are referred to the Select Committee on
Security and Constitutional Affairs:
(a) Government Notice No 762 published in Government Gazette
No 23477 dated 30 May 2002, Statement of the National Revenue,
Expenditure and Borrowing as at 30 April 2002, in terms of
section 32 of the Public Finance Management Act, 1999 (Act No
1 of 1999).
(b) Government Notice No 898 published in Government Gazette
No 23580 dated 28 June 2002, Statement of the National
Revenue, Expenditure and Borrowing as at 31 May 2002, in terms
of section 32 of the Public Finance Management Act, 1999 (Act
No 1 of 1999).
(2) The following papers are referred to the Select Committee on
Finance:
(a) Annual Report and Financial Statements of the Financial
and Fiscal Commission for 2001-2002, including the Report of
the Auditor-General on the Financial Statements for 2001-2002
[RP 132-2002].
(b) Report and Financial Statements of the Development Bank of
Southern Africa Limited for 2001-2002.
(3) The following papers are referred to the Select Committee on
Labour and Public Enterprises:
(a) Annual Report and Financial Statements of the Department
of Labour for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 116-
2002].
(b) Annual Report and Financial Statements of the Media,
Advertising, Publishing, Printing and Packaging Sector
Education and Training Authority for 2001-2002, including the
Report of the Auditor-General on the Financial Statements for
2001-2002 [RP 105-2002].
(c) Annual Report and Financial Statements of the Government
Communication and Information System - Vote No 7 for 2001-
2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 [RP 140-2002].
(d) Annual Report and Financial Statements of the Information
Systems, Electronics and Telecommunications Technologies
Sector Education and Training Authority for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002.
(4) The following papers are referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on Land
and Environmental Affairs:
(a) Annual Report and Financial Statements of the Forest
Industries Education and Training Authority for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 100-2002].
(b) Annual Report and Financial Statements of the Primary
Agriculture Education and Training Authority for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 109-2002].
(c) Annual Report and Financial Statements of the Secondary
Agriculture Sector Education and Training Authority for 2001-
2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 [RP 111-2002].
(d) Annual Report and Financial Statements of the Tourism,
Hospitality and Sport Sector Education and Training Authority
for 2001-2002, including the Report of the Auditor-General on
the Financial Statements for 2001-2002.
(5) The following papers are referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on
Finance:
(a) Annual Report and Financial Statements of the Insurance
Sector Education and Training Authority for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 103-2002].
(b) Annual Report and Financial Statements of the Financial
and Accounting Services Sector Education and Training
Authority for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 138-
2002].
(6) The following papers are referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on
Economic and Foreign Affairs:
(a) Annual Report and Financial Statements of the Clothing,
Textile, Footwear and Leather Sector Education and Training
Authority for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 112-
2002].
(b) Annual Report and Financial Statements of the Chemical
Industries Education and Training Authority for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 93-2002].
(c) Annual Report and Financial Statements of the Food and
Beverages Sector Education and Training Authority for 2001-
2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 [RP 99-2002].
(d) Annual Report and Financial Statements of the Wholesale
and Retail Services Sector Education and Training Authority
for 2001-2002, including the Report of the Auditor-General on
the Financial Statements for 2001-2002 [RP 115-2002].
(e) Annual Report and Financial Statements of the
Manufacturing, Engineering and Related Services Education and
Training Authority for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002.
(f) Annual Report and Financial Statements of the Mining
Qualifications Authority for 2001-2002, including the Report
of the Auditor-General on the Financial Statements for 2001-
2002.
(7) The following papers are referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on
Public Services:
(a) Annual Report and Financial Statements of the Transport
Sector Education and Training Authority for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 114-2002].
(b) Annual Report and Financial Statements of the Construction
Education and Training Authority for 2001-2002, including the
Report of the Auditor-General on the Financial Statements for
2001-2002 [RP 136-2002].
(8) The following paper is referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on
Education and Recreation:
Annual Report and Financial Statements of the Education, Training
and Development Practices Sector Education and Training Authority
for 2001-2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 [RP 134-2002].
(9) The following paper is referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on
Security and Constitutional Affairs:
Annual Report and Financial Statements of the Diplomacy,
Intelligence, Defence and Trade Sector Education and Training
Authority for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002.
(10)The following paper is referred to the Select Committee on Public
Services:
Annual Report and Financial Statements of the South African Rail
Commuter Corporation for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002 [RP 151-
2002].
(11)The following papers are referred to the Select Committee on
Economic and Foreign Affairs:
(a) Annual Report and Financial Statements of the Department
of Minerals and Energy for 2001-2002, including the Report of
the Auditor-General on the Financial Statements for 2001-2002
[RP 159-2002].
(b) Annual Report and Financial Statements of the Central
Energy Fund for 2000-2001, including the Report of the Auditor-
General on the Financial Statements for 2000-2001 [RP 30-
2002].
(c) Annual Report and Financial Statements of the Council for
Mineral Technology (MINTEK) for 2001-2002, including the
Report of the Auditor-General on the Financial Statements for
2001-2002 [RP 92-2002].
(d) Annual Report and Financial Statements of the Central
Energy Fund for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 98-
2002].
(e) Annual Report and Financial Statements of the Council for
Geoscience for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 128-
2002].
(f) Annual Report and Financial Statements of the National
Electricity Regulator for 2001-2002, including the Report of
the Auditor-General on the Financial Statements for 2001-2002.
(g) Annual Report and Financial Statements of the National
Nuclear Regulator for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002.
(12)The following papers are referred to the Select Committee on Social
Services:
Annual Report and Financial Statements of the Electoral Commission
for 2001-2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 [RP 146-2002].
(13)The following papers are referred to the Select Committee on
Education and Recreation:
(a) Report and Financial Statements of the Engelenburg House
Art Collection for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002.
(b) Report and Financial Statements of the Freedom Park Trust
for 2001-2002, including the Report of the Auditor-General on
the Financial Statements for 2001-2002 [RP 141-2002].
(c) Report and Financial Statements of the Natal Museum for
2001-2002 and the Report of the Auditor-General on the
Financial Statements for 2001-2002.
(d) Report and Financial Statements of the South African
Heritage Resources Agency for 2001-2002, including the Report
of the Auditor-General on the Financial Statements for 2001-
2002 [RP 125-2002].
(e) Report and Financial Statements of the War Museum of the
Boer Republic for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002.
(f) Report and Financial Statements of the Iziko Museums of
Cape Town for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002.
(g) Report and Financial Statements of the Engelenburg House
Art Collection for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002.
(h) Report and Financial Statements of the Freedom Park Trust
for 2001-2002, including the Report of the Auditor-General on
the Financial Statements for 2001-2002 [RP 141-2002].
(i) Report and Financial Statements of the Natal Museum for
2001-2002 and the Report of the Auditor-General on the
Financial Statements for 2001-2002.
(j) Report and Financial Statements of the South African
Heritage Resources Agency for 2001-2002, including the Report
of the Auditor-General on the Financial Statements for 2001-
2002 [RP 125-2002].
(k) Report and Financial Statements of the War Museum of the
Boer Republic for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002.
(l) Report and Financial Statements of the Iziko Museums of
Cape Town for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002.
(m) Report and Financial Statements of the National Zoological
Gardens of South Africa for 2001-2002, including the Report of
the Auditor-General on the Financial Statements for 2001-2002
[RP 130-2002].
(14)The following paper is referred to the Select Committee on Land and
Environmental Affairs:
Report and Financial Statements of the Department of Land Affairs,
including the Report of the Auditor-General on the Financial
Statements of the Department of Land Affairs - Vote 28 for 2001-
2002 and the Report of the Auditor-General on the registration of
the Deeds Trading Account for 2001-2002 [RP 160-2002].
TABLINGS:
National Assembly and National Council of Provinces: Papers:
- The Speaker and the Chairperson:
Report and Financial Statements of the Public Protector for 2001-2002,
including the Report of the Auditor-General on the Financial Statements
for 2001-2002 [RP 89-2002].
- The Minister of Arts, Culture, Science and Technology:
(1) Report and Financial Statements of the Artscape for 2001-2002.
(2) Report and Financial Statements of the William Humphreys Art
Gallery for 2001-2002, including the Report of the Auditor-General
on the Financial Statements for 2001-2002.
- The Minister of Transport:
Report and Financial Statements of the South African Maritime Safety
Authority for 2000-2001, including the Report of the Auditor-General on
the Financial Statements for 2000-2001.
-
The Minister of Social Development: Report and Financial Statements of the Department of Social Development for 2001-2002, including the Report of the Auditor-General on the Financial Statements of the Department of Social Development - Vote 17 for 2001-2002 [RP 174-2002].
MONDAY, 9 SEPTEMBER 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The following Bill was introduced by the Minister for
Agriculture and Land Affairs in the National Assembly on 9
September 2002 and referred to the Joint Tagging Mechanism (JTM)
for classification in terms of Joint Rule 160:
(i) Agricultural Debt Management Amendment Bill [B 45 - 2002]
(National Assembly - sec 75) [Explanatory summary of Bill and
prior notice of its introduction published in Government
Gazette No 23798 of 6 September 2002.]
The Bill has been referred to the Portfolio Committee on
Agriculture and Land Affairs of the National Assembly.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
(2) The following Bill was introduced by the Minister for Justice
and Constitutional Development in the National Assembly on 9
September 2002 and referred to the Joint Tagging Mechanism (JTM)
for classification in terms of Joint Rule 160:
(i) Promotion of Administrative Justice Amendment Bill [B 46 -
2002] (National Assembly - sec 75) (official translation into
isiXhosa: UMthetho oYilwayo oLungisayo weNkuthazo yokuPhatha
ngoBulungisa). [Explanatory summary of Bill and prior notice
of its introduction published in Government Gazette No 23807
of 30 August 2002.]
The Bill has been referred to the Portfolio Committee on Justice
and Constitutional Development of the National Assembly.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
National Council of Provinces:
- The Chairperson:
The following papers have been tabled and are now referred to the
relevant committees as mentioned below:
(1) The following papers are referred to the Select Committee on
Security and Constitutional Affairs:
(a) Government Notice No 762 published in Government Gazette
No 23477 dated 30 May 2002, Statement of the National Revenue,
Expenditure and Borrowing as at 30 April 2002, in terms of
section 32 of the Public Finance Management Act, 1999 (Act No
1 of 1999).
(b) Government Notice No 898 published in Government Gazette
No 23580 dated 28 June 2002, Statement of the National
Revenue, Expenditure and Borrowing as at 31 May 2002, in terms
of section 32 of the Public Finance Management Act, 1999 (Act
No 1 of 1999).
(2) The following paper is referred to the Select Committee on
Finance:
Annual Report and Financial Statements of the Financial and Fiscal
Commission for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 132-2002].
(3) The following papers are referred to the Select Committee on
Labour and Public Enterprises:
(a) Annual Report and Financial Statements of the Department
of Labour for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 116-
2002].
(b) Annual Report and Financial Statements of the Media,
Advertising, Publishing, Printing and Packaging Sector
Education and Training Authority for 2001-2002, including the
Report of the Auditor-General on the Financial Statements for
2001-2002 [RP 105-2002].
(c) Annual Report and Financial Statements of the Government
Communication and Information System - Vote No 7 for 2001-
2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 [RP 140-2002].
(d) Annual Report and Financial Statements of the Information
Systems, Electronics and Telecommunications Technologies
Sector Education and Training Authority for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002.
(3) The following papers are referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on Land
and Environmental Affairs:
(a) Annual Report and Financial Statements of the Forest
Industries Education and Training Authority for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 100-2002].
(b) Annual Report and Financial Statements of the Primary
Agriculture Education and Training Authority for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 109-2002].
(c) Annual Report and Financial Statements of the Secondary
Agriculture Sector Education and Training Authority for 2001-
2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 [RP 111-2002].
(d) Annual Report and Financial Statements of the Tourism,
Hospitality and Sport Sector Education and Training Authority
for 2001-2002, including the Report of the Auditor-General on
the Financial Statements for 2001-2002.
(4) The following papers are referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on
Finance:
(a) Annual Report and Financial Statements of the Insurance
Sector Education and Training Authority for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 103-2002].
(b) Annual Report and Financial Statements of the Financial
and Accounting Services Sector Education and Training
Authority for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 138-
2002].
(5) The following papers are referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on
Economic and Foreign Affairs:
(a) Annual Report and Financial Statements of the Clothing,
Textile, Footwear and Leather Sector Education and Training
Authority for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 112-
2002].
(b) Annual Report and Financial Statements of the Chemical
Industries Education and Training Authority for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 93-2002].
(c) Annual Report and Financial Statements of the Food and
Beverages Sector Education and Training Authority for 2001-
2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 [RP 99-2002].
(d) Annual Report and Financial Statements of the Wholesale
and Retail Services Sector Education and Training Authority
for 2001-2002, including the Report of the Auditor-General on
the Financial Statements for 2001-2002 [RP 115-2002].
(e) Annual Report and Financial Statements of the
Manufacturing, Engineering and Related Services Education and
Training Authority for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002.
(f) Annual Report and Financial Statements of the Mining
Qualifications Authority for 2001-2002, including the Report
of the Auditor-General on the Financial Statements for 2001-
2002.
(6) The following papers are referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on
Public Services:
(a) Annual Report and Financial Statements of the Transport
Sector Education and Training Authority for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 114-2002].
(b) Annual Report and Financial Statements of the Construction
Education and Training Authority for 2001-2002, including the
Report of the Auditor-General on the Financial Statements for
2001-2002 [RP 136-2002].
(7) The following paper is referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on
Education and Recreation:
Annual Report and Financial Statements of the Education, Training
and Development Practices Sector Education and Training Authority
for 2001-2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 [RP 134-2002].
(8) The following paper is referred to the Select Committee on
Labour and Public Enterprises, the Select Committee on Economic
and Foreign Affairs and the Select Committee on Security and
Constitutional Affairs:
Annual Report and Financial Statements of the Diplomacy,
Intelligence, Defence and Trade Sector Education and Training
Authority for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002.
(9) The following paper is referred to the Select Committee on
Public Services:
Annual Report and Financial Statements of the South African Rail
Commuter Corporation for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002 [RP 151-
2002].
(10)The following papers are referred to the Select Committee on
Economic and Foreign Affairs:
(a) Annual Report and Financial Statements of the Department
of Minerals and Energy for 2001-2002, including the Report of
the Auditor-General on the Financial Statements for 2001-2002
[RP 159-2002].
(b) Annual Report and Financial Statements of the Central
Energy Fund for 2000-2001, including the Report of the Auditor-
General on the Financial Statements for 2000-2001 [RP 30-
2002].
(c) Annual Report and Financial Statements of the Council for
Mineral Technology (MINTEK) for 2001-2002, including the
Report of the Auditor-General on the Financial Statements for
2001-2002 [RP 92-2002].
(d) Annual Report and Financial Statements of the Central
Energy Fund for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 98-
2002].
(e) Annual Report and Financial Statements of the Council for
Geoscience for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 128-
2002].
(f) Annual Report and Financial Statements of the National
Electricity Regulator for 2001-2002, including the Report of
the Auditor-General on the Financial Statements for 2001-2002.
(11)The following paper is referred to the Select Committee on Social
Services:
Annual Report and Financial Statements of the Electoral Commission
for 2001-2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 [RP 146-2002].
(12)The following papers are referred to the Select Committee on
Education and Recreation:
(a) Report and Financial Statements of the Engelenburg House
Art Collection for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002.
(b) Report and Financial Statements of the Freedom Park Trust
for 2001-2002, including the Report of the Auditor-General on
the Financial Statements for 2001-2002 [RP 141-2002].
(c) Report and Financial Statements of the Natal Museum for
2001-2002 and the Report of the Auditor-General on the
Financial Statements for 2001-2002.
(d) Report and Financial Statements of the South African
Heritage Resources Agency for 2001-2002, including the Report
of the Auditor-General on the Financial Statements for 2001-
2002 [RP 125-2002].
(e) Report and Financial Statements of the War Museum of the
Boer Republic for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002.
(f) Report and Financial Statements of the Iziko Museums of
Cape Town for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002.
(13)The following paper is referred to the Select Committee on Land and
Environmental Affairs:
Report and Financial Statements of the Department of Land Affairs,
including the Report of the Auditor-General on the Financial
Statements of the Department of Land Affairs - Vote 28 for 2001-
2002 and the Report of the Auditor-General on the registration of
the Deeds Trading Account for 2001-2002 [RP 160-2002].
(14)The following paper is referred to the Select Committee on
Education and Recreation:
Report and Financial Statements of the National Zoological Gardens
of South Africa for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 130-2002].
(15)The following paper is referred to the Select Committee on Finance:
Report and Financial Statements of the Development Bank of
Southern Africa Limited for 2001-2002.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Arts, Culture, Science and Technology:
(a) Annual Report and Financial Statements of the State Theatre for
2001-2002.
(b) Annual Report and Financial Statements of Business and Arts
South Africa for 2001-2002.
- The Minister of Transport:
Annual Report and Financial Statements of the Airports Company South
Africa Limited for 2001-2002.
- The Minister for Justice and Constitutional Development:
Annual Report and Financial Statements of the Legal Aid Board for 2001-
2002, including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 161-2002].
COMMITTEE REPORTS:
National Council of Provinces:
-
Report of the Select Committee on Security and Constitutional Affairs on Organization of African Unity Convention for the Prevention and Combating of Terrorism, dated 9 September 2002:
The Select Committee on Security and Constitutional Affairs, having considered the request for approval by Parliament of the Organization of African Unity Convention for the Prevention and Combating of Terrorism, referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Convention.
Report to be considered.