National Council of Provinces - 28 October 2002
MONDAY, 28 OCTOBER 2002 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 15:03.
The Deputy Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
ESTABLISHMENT OF JOINT BUDGET COMMITTEE
(Draft Resolution)
The CHIEF WHIP OF THE COUNCIL: Chairperson, may I express the gratitude of this House to you and the members for being present here today at such short notice.
I hereby move without notice:
That the Council, with the concurrence of the National Assembly, establishes a Joint Budget Committee, the Committee to -
(1) consist of -
(a) 15 Assembly members of whom 9 must be from the Majority Party
and 6 from the opposition parties; and
(b) 8 Council members of whom 5 must be from the Majority Party and
3 from the opposition parties;
(2) consider proposed allocations in the Medium-Term Expenditure Framework and the Appropriation Bill and whether these allocations are broadly in keeping with the policy directions of the Government;
(3) make proposals regarding the processes Parliament should follow with regard to its role in the developing of budgets in accordance with constitutional requirements;
(4) on a regular basis monitor monthly published actual revenue and expenditure per department, and to ascertain whether they are in line with budget projections;
(5) consider, when tabled, the Medium-Term Budget Policy Statement, with the exception of those sections dealing with the macro-economic situation and revenue;
(6) conduct hearings on the Medium-Term Expenditure Framework and Budget Policy Review Document, with the exception of those sections dealing with the macro-economic situation and revenue;
(7) exercise those powers in Joint Rule 32 that may assist in carrying out its functions; and
(8) report -
(a) on the Medium-Term Budget Policy Statement regarding the matters
referred to in paragraph 5; and
(b) quarterly regarding the matters referred to in paragraph 4.
Motion agreed to in accordance with section 65 of the Constitution.
LEAVE OF ABSENCE
(Draft Resolution)
The CHIEF WHIP OF THE COUNCIL: Chairperson, I hereby move without notice:
That leave of absence be granted to Mr B Willem for the period 28 October 2002 to 14 December 2002.
Motion agreed to in accordance with section 65 of the Constitution.
The Council adjourned at 15:11. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
FRIDAY, 18 OCTOBER 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Joint Tagging Mechanism (JTM) on 18 October 2002 in terms of
Joint Rule 160(3), classified the following Bill as a section 75
Bill:
(i) Local Government Laws Amendment Bill [B 61 - 2002]
(National Assembly - sec 75).
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
Education and Recreation:
(a) Annual Report and Financial Statements of the Department
of Arts, Culture, Science and Technology - Vote 14 for 2001-
2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 and Volume 2 [RP 93-2001].
(b) Annual Report and Financial Statements of the Robben
Island Museum for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002 [RP
203-2002].
(c) Annual Report and Financial Statements of the South
African Library for the Blind for 2001-2002, including the
Report of the Auditor-General on the Financial Statements for
2001-2002.
(d) Report and Financial Statements of the Afrikaanse
Taalmuseum for 2001-2002.
(e) Annual Report and Financial Statements of the Playhouse
Company for 2001-2002.
(f) Annual Report and Financial Statements of the Market
Theatre for 2001-2002.
(g) Annual Report and Financial Statements of the Department
of Sport and Recreation - Vote 18 for 2001-2002, including the
Report of the Auditor-General on the Financial Statements for
2001-2002.
(2) The following papers are referred to the Select Committee on
Local Government and Administration:
(a) Annual Report and Financial Statements of the Department
of Public Service and Administration - Vote 10 for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002.
(b) Report of the Auditor-General on the Appointment and
Utilisation of Consultants at certain National Departments and
Provincial Administrations [RP 122-2002].
(3) The following paper is referred to the Select Committee on
Finance:
Resolutions of the Standing Committee on Public Accounts for 2002
and replies thereto obtained by the National Treasury - Second
Report, 2002.
(4) The following papers are referred to the Select Committee on
Security and Constitutional Affairs:
(a) Annual Report and Financial Statements of the Department
of Correctional Services - Vote 19 for 2001-2002, including
the Report of the Auditor-General on the Financial Statements
for 2001-2002 [RP 135-2002].
(b) Annual Report and Financial Statements of the Policing,
Private Security, Legal, Justice and Correctional Services
Sector Education and Training Authority for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 108-2002].
(5) The following paper is referred to the Select Committee on Land
and Environmental Affairs:
Annual Report and Financial Statements of the Department of Water
Affairs and Forestry - Vote 33 for 2001-2002, including the Report
of the Auditor-General on the Financial Statements for 2001-2002
[RP 187-2002].
(6) The following paper is referred to the Select Committee on
Public Services:
Report of the Auditor-General on the Late Submission of Material
Audit Evidence Supporting the Financial Statements of Vote 32 -
Department of Transport and Certain Transport-Related Entities [RP
196-2002].
(7) The following paper is referred to the Select Committee on
Economic and Foreign Affairs:
Report and Financial Statements of Ntsika Enterprise Promotion
Agency for 2001-2002, including the Report of the Auditor-General
on the Financial Statements for 2001-2002 [RP 119-2002].
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister for Justice and Constitutional Development:
(a) Proclamation No R 63 published in Government Gazette No 23674
dated 31 July 2002: Commencement of the Promotion of
Administrative Justice Act, 2000 (Act No 3 of 2000).
(b) Government Notice No R 1022 published in Government Gazette No
23674 dated 31 July 2002: Regulations on Fair Administrative
Procedures, made in terms of the Promotion of Administrative
Justice Act, 2000 (Act No 3 of 2000).
(c) Proclamation No R 67 published in Government Gazette No 23761
dated 16 August 2002: Commencement of the Implementation of the
Rome Statute of the International Criminal Court Act, 2002 (Act No
27 of 2002).
(d) Government Notice No R 1089 published in Government Gazette No
23761 dated 16 August 2002: Implementation of the Rome Statute of
the International Criminal Court Act, 2002 (Act No 27 of 2002).
(e) Proclamation No R 70 published in Government Gazette No 23862
dated 23 September 2002: Referral of Matters to the existing
Special Investigating Unit and Special Tribunal, made in terms of
the Special Investigating Unit and Special Tribunals Act, 1996
(Act No 74 of 1996).
- The Minister for Agriculture and Land Affairs:
(a) Report and Financial Statements of the Ingonyama Trust Board for
2001-2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002.
(b) Report and Financial Statements of the Agricultural Research
Council for 2001-2002, including the Report of the Auditor-General
on the Financial Statements for 2001-2002 [RP 191-2002].
MONDAY, 21 OCTOBER 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The following Bills were introduced by the Minister of Trade and
Industry in the National Assembly on 21 October 2002 and referred
to the Joint Tagging Mechanism (JTM) for classification in terms
of Joint Rule 160:
(i) Merchandise Marks Amendment Bill [B 63 - 2002] (National
Assembly - sec 75) [Explanatory summary of Bill and prior
notice of its introduction published in Government Gazette No
23958 of 18 October 2002.]
(ii) Patents Amendment Bill [B 64 - 2002] (National Assembly -
sec 75) [Explanatory summary of Bill and prior notice of its
introduction published in Government Gazette No 23958 of 18
October 2002.]
The Bills have been referred to the Portfolio Committee on Trade
and Industry of the National Assembly.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
(2) The Minister of Health submitted the Wysigingswetsontwerp op
Mediese Skemas [W 37 - 2002] (National Assembly - sec 75) to the
Speaker and the Chairperson on 21 October 2002. This is the
official translation into Afrikaans of the Medical Schemes
Amendment Bill [B 37 - 2002] (National Assembly - sec 75), which
was introduced in the National Assembly by the Minister on 16
August 2002.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Activity Report of the Auditor-General for 2001-2002 [RP 211-2002].
- The Minister of Arts, Culture, Science and Technology:
Report of the Human Sciences Research Council for 2001-2002 [RP 170-
2002].
- The Minister of Housing:
Annual Financial Statements of the Department of Housing - Vote 16 for
2001-2002, including the Report of the Auditor-General on the Financial
Statements for 2001-2002.
TUESDAY, 22 OCTOBER 2002
ANNOUNCEMENTS:
National Council of Provinces:
- The Chairperson:
Message from National Assembly to National Council of Provinces:
Bills passed by National Assembly on 22 October 2002 and transmitted
for concurrence:
(i) Medical Schemes Amendment Bill [B 37B - 2002] (National Assembly
- sec 75).
(ii) Occupational Diseases in Mines and Works Amendment Bill [B 39B -
2002] (National Assembly - sec 75).
The Bills have been referred to the Select Committee on Social
Services.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Finance:
(a) Resolutions of the Standing Committee on Public Accounts for
2002 and replies thereto obtained by the National Treasury -
Fifth, Seventh, Eighth, Tenth and Seventeenth Reports, 2002.
(b) Government Notice No R 1141 published in Government Gazette No
23801 dated 6 September 2002: Notice in terms of sections 1 and 5
of the Military Pensions Act, 1976 (Act No 84 of 1976).
(c) Government Notice No R 1163 published in Government Gazette No
23816 dated 6 September 2002: Regulations issued in terms of
section 18A (1A), made in terms of the Income Tax Act, 1962 (Act
No 58 of 1962).
(d) Government Notice No R 1168 published in Government Gazette No
23820 dated 13 September 2002: Regulations: Steps to be taken to
liquidate, wind up or deregister a company, made in terms of the
Income Tax Act, 1962 (Act No 58 of 1962).
(e) Government Notice No 1159 published in Government Gazette No
23817 dated 13 September 2002: Determination of interest rate for
purposes of section 105(b), made in terms of the Customs and
Excise Act, 1964 (Act No 91 of 1964).
(f) Government Notice No 1160 published in Government Gazette No
23817 dated 13 September 2002: Determination of interest rate for
purposes of the definitions of "prescribed rate" in section 1,
made in terms of the Value-Added Tax Act, 1991 (Act No 89 of
1991).
(g) Government Notice No 1161 published in Government Gazette No
23817 dated 13 September 2002: Determination of interest rate for
purposes of the definition of "prescribed rate" in section 1, made
in terms of the Income Tax Act, 1991 (Act No 58 of 1962).
(h) Proclamation No R 71 published in Government Gazette No 23894
dated 30 September 2002: Date of coming into operation of sections
40(1) and 41(1), made in terms of the Revenue Laws Amendment Act,
2001 (Act No 19 of 2001).
- The Minister of Trade and Industry:
(a) Report and Financial Statements of the Department of Trade and
Industry - Vote 31 for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002 [RP 177-
2002].
(b) Report and Financial Statements of the Competition Tribunal for
2001-2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 [RP 205-2002].
(c) Report and Financial Statements of the National Lotteries Board
for 2001-2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 and the Report of the Auditor-
General on the National Lottery Distribution Trust Fund for 2001-
2002.
- The Minister for Justice and Constitutional Development:
(a) Report and Financial Statements of the Department of Justice and
Constitutional Development - Vote 23 for 2001-2002, including the
Report of the Auditor-General on the Financial Statements for 2001-
2002 [RP 210-2002].
(b) Report of the South African Law Commission for 2001-2002 [RP 209-
2002].
WEDNESDAY, 23 OCTOBER 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 23
October 2002 and referred to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160:
(i) Deeds Registries Amendment Bill [B 65 - 2002] (National
Assembly - sec 75) [Explanatory summary of Bill and prior
notice of its introduction published in Government Gazette No
23775 of 30 August 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 Minister of Health submitted the Wysigingswetsontwerp op
Bedryfsiektes in Myne en Bedrywe [W 39 - 2002] (National Assembly
- sec 75) to the Speaker and the Chairperson on 23 October 2002.
This is the official translation into Afrikaans of the
Occupational Diseases in Mines and Works Amendment Bill [B 39 -
2002] (National Assembly - sec 75).
(3) The Minister for Justice and Constitutional Development
submitted the Tweede Insolvensiewysigingswetsontwerp [W 53 -
2002] (National Assembly - sec 75) to the Speaker and the
Chairperson on 23 October 2002. This is the official translation
into Afrikaans of the Insolvency Second Amendment Bill [B 53 -
2002] (National Assembly - sec 75).
(4) The Minister for Justice and Constitutional Development
submitted the Boedelwysigingswetsontwerp [W 54 - 2002] (National
Assembly - sec 75) to the Speaker and the Chairperson on 23
October 2002. This is the official translation into Afrikaans of
the Administration of Estates Amendment Bill [B 54 - 2002]
(National Assembly - sec 75).
National Council of Provinces:
- The Chairperson:
Message from National Assembly to National Council of Provinces:
Bills passed by National Assembly on 23 October 2002 and transmitted
for concurrence:
(i) Finance Bill [B 48 - 2002] (National Assembly - sec 77)
(referred to the Select Committee on Finance).
(ii) Broadcasting Amendment Bill [B 34B - 2002] (National Assembly -
sec 75) (referred to the Select Committee on Labour and Public
Enterprises).
- 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) Proclamation No R 63 published in Government Gazette No
23674 dated 31 July 2002: Commencement of the Promotion of
Administrative Justice Act, 2000 (Act No 3 of 2000).
(b) Government Notice No R 1022 published in Government
Gazette No 23674 dated 31 July 2002: Regulations on Fair
Administrative Procedures, made in terms of the Promotion of
Administrative Justice Act, 2000 (Act No 3 of 2000).
(c) Proclamation No R 67 published in Government Gazette No
23761 dated 15 August 2002: Commencement of the Implementation
of the Rome Statute of the International Criminal Court Act,
2000 (Act No 27 of 2002).
(d) Government Notice No R 1089 published in Government
Gazette No 23761 dated 16 August 2002: Implementation of the
Rome Statute of the International Criminal Court Act, 2000
(Act No 27 of 2002).
(e) Proclamation No R 70 published in Government Gazette No
23862 dated 23 September 2002: Referral of Matters to the
existing Special Investigating Unit and Special Tribunal, made
in terms of the Special Investigating Unit and Special
Tribunals Act, 1996 (Act No 74 of 1996).
(2) The following papers are referred to the Select Committee on
Land and Environmental Affairs:
(a) Report and Financial Statements of the Ingonyama Trust
Board for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002.
(b) Report and Financial Statements of the Agricultural
Research Council for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002 [RP
191-2002].
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Home Affairs:
Report and Financial Statements of the Film and Publication Board for
2001-2002, including the Report of the Auditor-General on the Financial
Statements for 2001-2002.
THURSDAY, 24 OCTOBER 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Joint Tagging Mechanism (JTM) on 23 October 2002 in terms of
Joint Rule 160(4), classified the following Bill as a section 76
Bill:
(i) National Environmental Management Amendment Bill [B 62 -
2002] (National Council of Provinces - sec 76).
National Council of Provinces:
- The Chairperson:
Message from National Assembly to National Council of Provinces:
Bills passed by National Assembly on 24 October 2002 and transmitted
for concurrence:
(i) Administration of Estates Amendment Bill [B 54B - 2002]
(National Assembly - sec 75) (referred to Select Committee on
Security and Constitutional Affairs).
(ii) Judicial Matters Amendment Bill [B 55B - 2002] (National
Assembly - sec 75) (referred to Select Committee on Security and
Constitutional Affairs).
(iii) Local Government Laws Amendment Bill [B 61B - 2002] (National
Assembly - sec 75) (referred to Select Committee on Local
Government and Administration).
- 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) Resolutions of the Standing Committee on Public Accounts
for 2002 and replies thereto obtained by the National Treasury
- Fifth, Seventh, Eighth, Tenth and Seventeenth Reports, 2002.
(b) Government Notice No R 1141 published in Government
Gazette No 23801 dated 6 September 2002: Notice in terms of
sections 1 and 5 of the Military Pensions Act, 1976 (Act No 84
of 1976).
(c) Government Notice No R 1163 published in Government
Gazette No 23816 dated 6 September 2002: Regulations issued in
terms of section 18A (1A), made in terms of the Income Tax
Act, 1962 (Act No 58 of 1962).
(d) Government Notice No R 1168 published in Government
Gazette No 23820 dated 13 September 2002: Regulations: Steps
to be taken to liquidate, wind up or deregister a company,
made in terms of the Income Tax Act, 1962 (Act No 58 of 1962).
(e) Government Notice No 1159 published in Government Gazette
No 23817 dated 13 September 2002: Determination of interest
rate for purposes of section 105(b), made in terms of the
Customs and Excise Act, 1964 (Act No 91 of 1964).
(f) Government Notice No 1160 published in Government Gazette
No 23817 dated 13 September 2002: Determination of interest
rate for purposes of the definitions of "prescribed rate" in
section 1, made in terms of the Value-Added Tax Act, 1991 (Act
No 89 of 1991).
(g) Government Notice No 1161 published in Government Gazette
No 23817 dated 13 September 2002: Determination of interest
rate for purposes of the definition of "prescribed rate" in
section 1, made in terms of the Income Tax Act, 1962 (Act No
58 of 1962).
(h) Proclamation No R 71 published in Government Gazette No
23894 dated 30 September 2002: Date of coming into operation
of sections 40(1) and 41(1), made in terms of the Revenue Laws
Amendment Act, 2001 (Act No 19 of 2001).
(2) The following papers are referred to the Select Committee on
Economic and Foreign Affairs:
(a) Report and Financial Statements of the Department of Trade
and Industry - Vote 31 for 2001-2002, including the Report of
the Auditor-General on the Financial Statements for 2001-2002
[RP 177-2002].
(b) Report and Financial Statements of the Competition
Tribunal for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 205-
2002].
(c) Report and Financial Statements of the National Lotteries
Board for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 and the
Report of the Auditor-General on the National Lottery
Distribution Trust Fund for 2001-2002.
(3) The following papers are referred to the Select Committee on
Security and Constitutional Affairs:
(a) Report and Financial Statements of the Department of
Justice and Constitutional Development - Vote 23 for 2001-
2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 [RP 210-2002].
(b) Report of the South African Law Commission for 2001-2002
[RP 209-2002].
TABLINGS:
National Assembly and National Council of Provinces: Papers:
- The Minister for Justice and Constitutional Development:
Report and Financial Statements of the National Prosecuting Authority
for 2001-2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 [RP 197-2002].
MONDAY, 28 OCTOBER 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Joint Tagging Mechanism (JTM) on 28 October 2002 in terms of
Joint Rule 160(3), classified the following Bills as section 75
Bills:
(i) Merchandise Marks Amendment Bill [B 63 - 2002] (National
Assembly - sec 75).
(ii) Patents Amendment Bill [B 64 - 2002] (National Assembly -
sec 75).
(iii) Deeds Registries Amendment Bill [B 65 - 2002] (National
Assembly - sec 75).
(2) The Minister of Health submitted the Wysigingswetsontwerp op
Medisyne en Verwante Stowwe [W 40 - 2002] (National Assembly - sec
75) to the Speaker and the Chairperson on 25 October 2002. This is
the official translation into Afrikaans of the Medicines and
Related Substances Amendment Bill [B 40 - 2002] (National Assembly
- sec 75).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Report of the Auditor-General on the Group Annual Financial Statements
of the CEF (Proprietary) Limited for 1999-2000 [RP 59-2002].