National Council of Provinces - 05 May 2004
WEDNESDAY, 5 MAY 2004 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 14:05.
The Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
NOTICES OF MOTION
Ms J F TERBLANCHE: Madam Chairperson, I hereby give notice that at the next sitting I will move:
That the Council -
(1) condemns in the strongest terms the blatant misuse of MEC7 forms and the utter disregard of the Electoral Act that is taking place at the municipal elections of Lekwa Teemane (Bloemhof Christiana) which took place on Wednesday, 5 May 2004;
(2) notes that people who are registered in other municipalities and provinces are being permitted to vote in direct contravention of the electoral laws of this country;
(3) further notes that this appears to be an orchestrated attempt to gerrymander the results in favour of the majority party, the ANC; and
(4) recognises that despite numerous requests to the IEC, this practice has continued unabated throughout the day.
[Applause.]
Mr J W LE ROUX: Madam Chair, I hereby give notice that at the next sitting of the Council I shall move: That the Council -
(1) notes that the Eastern Cape is becoming the most sought-after tourist destination in South Africa;
(2) acknowledges that we must jealously protect our flora and fauna and especially our unspoilt beaches;
(3) calls on the Minister of Environmental Affairs and Tourism to state, as a matter of urgency, his and his department’s position on the proposed dune mining of the Pondoland coast; and
(4) requests the Minister to state whether mining rights have been granted to an Australian mining company.
[Applause.]
BRENDA FASSIE'S CONDITION
(Draft Resolution)
Kgoshi L M MOKOENA: Chairperson, I move without notice:
That the Council -
(l) notes with jubilation the news report this morning that the health of South Africa’s diva and the icon in music, Brenda Fassie, has improved;
(2) further notes the reports that her condition has stabilised and that she is now breathing on her own, without the assistance of life support systems;
(3) also notes that this is contrary to what we have been made to believe, namely that she was already brain dead;
(4) believes that it was through the prayers of South Africans in their large numbers and support shown by the general leadership that Brenda has recovered;
(5) acknowledges the inspirational role her music has played in the liberation struggle resulting in some of her songs such as “Good Black Women” and “Black President” being banned by the previous regime; and
(6) calls upon all South Africans to continue praying for her speedy recovery and on the media to report responsibly in this period of grief for the Fassie family and her music fans.
Motion agreed to in accordance with section 65 of the Constitution.
APPOINTMENT OF CHAIRPERSON AND PERMANENT DEPUTY CHAIRPERSON OF THE NCOP
(Draft Resolution)
Mr M A SULLIMAN: Chairperson, I move without notice:
That the Council -
(1) notes with delight the appointment of Ms Joyce Kgoali and Mr M J Mahlangu as Chairperson and Permanent Deputy Chairperson of the National Council of Provinces, respectively;
(2) believes their appointments are in recognition of the outstanding contributions they have made in the activities of the Council over the past few years, in particular the role they have played in fostering sound intergovernmental relations and co-operative governance and in promoting the ideals of participatory democracy; and
(3) congratulates the presiding officers on their appointment and wishes them well in their new responsibilities.
Motion agreed to in accordance with section 65 of the Constitution.
ELECTION VICTORY RESULTS
(Draft Resolution)
Ms M P THEMBA: Chairperson, I move without notice:
That the Council -
(1) notes with delight the emphatic electoral victory scored by the African National Congress during the recent national election;
(2) believes the results confirm that South Africans from across all communities have responded positively to the ANC’s call for a people’s contract to build a better life for all; and
(3) further believes the results are an expression of confidence not only in the achievements of the ANC during the first decade of freedom but also an expression of confidence by the masses that only the ANC can sustain the struggle for the fulfilment of their aspirations during the next decade of freedom.
The CHAIRPERSON OF THE NCOP: Is there any objection? Is that an objection? The motion is objected to and will appear on the Order Paper.
DONATION TO UNITED NATIONS FOOD PROGRAMME
(Draft Resolution)
Rev P MOATSHE: Chairperson, allow me to congratulate you on your appointment and for leading this House during this time. I move without notice:
That the Council -
(1) notes our ANC-led Government’s unwavering commitment to poverty alleviation and similar projects in sub-Saharan Africa through a grant of R100 million to the United Nations after a request from the UN Food Programme;
(2) further notes that this donation follows on an allocation of R170 million made last year that is to be utilised to stabilise and improve agricultural production, the strengthening of livelihoods and to provide assistance to community-based projects;
(3) also notes that this humanitarian gesture by our Government demonstrates our collective consciousness as a people of the fluctuations in food production owing to erratic climatic conditions; and
(4) acknowledges our Government’s resolve to continue to devote time and resources to assist our neighbours in ensuring that our vision of agricultural and social integration is indeed realised.
Mr M A MZIZI: Chairperson, I have nothing against the three motions that were moved. I stand to seek clarity. Is it perhaps procedural that if a motion without notice is moved other parties could also be consulted so that there would be no repetition or any conflict of ideas? Thank you, Chairperson. [Interjections.]
The CHAIRPERSON OF THE NCOP: Hon members, the hon member is talking to the Chairperson and not to individuals. Can we agree that the matter will be looked into and that we’ll give the hon member a response to what he has asked?
Motion agreed to in accordance with section 65 of the Constitution.
REMOVAL OF ORDER FROM ORDER PAPER
(Draft Resolution)
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Chairperson, I move without notice:
That Order No 2 be removed from the Order Paper.
Motion agreed to in accordance with section 65 of the Constitution.
AMENDMENT OF THE RULES OF THE NATIONAL COUNCIL OF PROVINCES
(Draft Resolution)
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Chairperson, I move without notice:
That the Council adopts the Rules of the National Council of Provinces, as amended.
Mr A WATSON: Madam Chair, we oppose the motion to adopt the Rules, as they have just been handed out to us. Many of the members of this House are new members and we certainly have had no time to look at these Rules, so I don’t see how we can adopt them without even having read them. Could you assist us, please?
The CHAIRPERSON OF THE NCOP: Mr Watson, I think to ensure that we are able to operate as a Council we have to have the Rules to guide us. You’ve got a copy of the Rules. We are going to convene a meeting of the Rules Committee, but for now we actually have to adopt the existing Rules to ensure that we are able to move and do our work as the National Council of Provinces.
Mr A WATSON: Madam Chair, the document we have is an amended document, so it’s not the existing Rules. It says “as amended in November 2003”. I have no problem if they’re adopted subject to changes that may occur after the first meeting, but we certainly cannot give you a carte blanche adoption of Rules that we haven’t studied and looked at as caucuses.
The CHAIRPERSON OF THE NCOP: We actually have given a copy of the Rules to each and every member of each and every political party in this House. The Rules were amended by the previous Parliament. This necessitates that we have a copy of the Rules to guide us as this House so that we are able to do our work. We’re still going to meet to look into the Rules. That is the procedure. Mr V V Z WINDVOëL: Thank you, Chairperson. I would like to move that, as the hon member Mr Watson has indicated. Given the background of the other motion which was agreed to by the House, namely that we suspend the other Order concerning the establishment of committees, we don’t allow a vacuum to exist in this august House in the meantime, but continue operating in the interim using the Rules which existed for the second term of this institution until we have a formal establishment of the committees, which will also include the Rules Committee, in which all parties will have the right to participate, at which time we will look into those Rules. I move that we have an interim adoption of those Rules until they’re subjected to perusal by that committee, once it has been established.
The CHAIRPERSON OF THE NCOP: Thank you, Mr Windvoël. I thought it was very clear that a motion had been moved with regard to the removal of Order No 2 until we have adopted the Rules so that we are able to operate as a House. Therefore we are proceeding with our business of the day. I’m sure, Mr Watson, you are satisfied with the explanation.
Mr A WATSON: [Inaudible.]
The CHAIRPERSON OF THE NCOP: It has been adopted.
Motion agreed to in accordance with section 65 of the Constitution.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Chairperson, I would like to move the draft resolution on the Order Paper in the name of the Chairperson of the National Council of Provinces, as follows:
That the Council -
(1) recognises that this year marks the tenth year of a democratic parliament in South Africa;
(2) recalls that on 10 May 1994, Mr Nelson Mandela was inaugurated as the first President of the democratic South Africa, after he had been elected unopposed by the National Assembly on 9 May; and
(3) therefore resolves -
(a) to celebrate our 10 years of a democratic parliament; and
(b) subject to the concurrence of the National Assembly, to invite
former President Nelson Mandela to address a Joint Sitting of
the Houses on 10 May, the day of inauguration 10 years ago, in
order to launch the celebrations marking this momentous
historical milestone for democracy in our country.
I wish to propose as an amendment:
That paragraph (3)(b) be substituted with the following:
(a) subject to the concurrence of the National Assembly, to invite former President Nelson Mandela to address a Joint Sitting of the Houses on 10 May, the day of his inauguration 10 years ago, in order to commemorate 10 years of a democratic parliament.
The CHAIRPERSON OF THE NCOP: Is there any objection with the motion as amended?
Mr A WATSON: Chairperson, on behalf of the official Opposition, I would like to support the motion as amended, fully.
The CHAIRPERSON OF THE NCOP: Mr Watson, I am sure …
Mr A WATSON: I would like to support the motion as amended.
The CHAIRPERSON OF THE NCOP: I can see that the DA is quite excited to be in the House, and therefore we welcome you to the party. [Applause.]
Amendment agreed to in accordance with section 65 of the Constitution.
Motion, as amended, agreed to in accordance with section 65 of the Constitution, namely:
That the Council -
(1) recognises that this year marks the tenth year of a democratic parliament in South Africa;
(2) recalls that on 10 May 1994, Mr Nelson Mandela was inaugurated as the first President of the democratic South Africa, after he had been elected unopposed by the National Assembly on 9 May; and
(3) therefore resolves
(a) to celebrate our 10 years of a democratic parliament; and
(b) subject to the concurrence of the National Assembly to invite
former President Nelson Mandela to address a Joint Sitting of
the Houses on 10 May, the day of his inauguration 10 years ago,
in order to commemorate ten years of a democratic parliament.
APPOINTMENT OF MR ZINGILE ALFRED DINGANI AS SECRETARY TO PARLIAMENT
(Draft Resolution)
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Chairperson, on behalf of the Chairperson of the National Council of Provinces, I move the draft resolution printed in her name on the Order Paper, as follows:
That the Council, on the recommendation of the Chairperson of the National Council of Provinces and the Speaker of the National Assembly, appoints Mr Zingile Alfred Dingani as Secretary to Parliament with effect from 1 June 2004. Motion agreed to in accordance with section 65 of the Constitution.
The Council adjourned at 14:24.