National Council of Provinces - 26 October 2004
TUESDAY, 26 OCTOBER 2004 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 15:02.
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.
QUESTIONS AND REPLIES – see that book.
RACIAL REPRESENTIVITY OF THE SPRINGBOKS
(Draft Resolution)
Mr N M RAJU: Chair, I move without notice:
That the Council -
1) notes that SA Rugby’s national selectors have grasped the nettle
and included in the touring squad no less than eleven players who
are not white, the colour that was once the monopolistic monochrome
of Springbok teams that fraudulently claimed to represent South
African rugby;
(2) welcomes the fact that, at long last, the new-look Springbok team has taken a giant leap towards reflecting the demographics of our great rugby-playing and rugby-loving democratic nation;
(3) agrees with national coach Jake White that the black Springboks were selected for their playing abilities and not on a quota basis, as some disgruntled and anti-transformation critics have alleged; and
(4) wishes the Springboks, holders of the Tri-Nations Cup, every success in their hunt for further glory in the Northern hemisphere.
Motion agreed to in accordance with section 65 of the Constitution.
PRESIDENT MBEKI’S ASSISTANCE TO SOUTH AFRICAN CITIZENS IMPRISONED IN
ZIMBABWE
(Draft Resolution)
Nkk M N OLIPHANT : Sihlalo, ngizophakamisa ngaphandle kokunikeza isaziso: Ukuthi uMkhandlu -
(1) uyawethakasela umsebenzi owenziwe uMongameli wezwe, uMnu. Thabo Mbeki, wokuthi aphathe udaba lwamalungu aseNingizimu Afrika abegqunywe ejele laseZimbabwe ngobuhlakani nangobuchule ukuthi bakhululwe babuyele ekhaya;
2) uyakubona lokhu njengobufakazi bohlelo lwezingxoxo phakathi
kukaHulumeni waseNingizimu Afrika neZimbabwe;
(3) uyakuqaphela lokhu njengomphumela wokusebenza buthule
okuthakazelwa nayimindeni;
4) uyafisa futhi uyanxusa ukuthi kufanele
amaqembu epolitiki abukele alalele isimo ayeke ukwanda
ngomlomo kuhle okwembenge. (Translation of isiZulu Draft Resolution follows.)
[Ms M N OLIFANT: Chairperson, I hereby move without notice:
That the Council -
1) appreciates the diligent work that has been done by the President, Mr Thabo Mbeki, in handling the issue of South Africans who were detained in a Zimbabwean prison so that they could be released to go home;
2) notes this as proof that there are negotiations between the South African government and Zimbabwe;
3) also notes this as an outcome of quiet diplomacy which is even appreciated by the families; and
4) wishes and appeals that we listen and watch as political parties and move away from talking too much.]
Motion agreed to in accordance with section 65 of the Constitution.
THE LATE MEC DUMISANI MAKHAYE
(Draft Resolution)
Mnu Z C NTULI: Mphathisihlalo, ngiphakamisa ngaphandle kwesaziso:
Ukuthi loMkhandlu –
1) (1) uzwakalisa okukhulu ukudumala nokumangala ngokushiywa
iqabane,uDumisani Makhaye, ebesimazi ngoShombela, odlule emhlabeni
ngomhla ka-24 Okthoba 2004;
(2) uyakuqaphela ukuthi uDumisani Makhaye impilo yakhe yonke
kusukela ebusheni bakhe kuze kube uyasishiya emhlabeni, ubelokhu
ebambelele ekukholelweni emzabalazweni wenkulelo yabantu
baseNingizimu Afrika ne-Afrika yonkana;
(3) ukhumbula ukuthi uDumisani Makhaye ungomunye
wezingqalabutho zomzabalazo wabantu wokulwisana nokucwasana
ngokwebala, ngokobuzwe nangokobulili kanye nokulwelwa intando
yeningi eNingizimu Afrika;
(4) uyakhumbula futhi ukuthi ngo-1991 uMakhaye waqokelwa
esigungwini esikhulu sesifunda saseNingizimu neNatali;
(5) uyakhumbula futhi ukuthi ngesikhathi sokwedlula kwakhe
emhlabeni ubeyilungu lesigungu esikhulu kuzwelonke embuthweni
kaKhongolose;
(6) uMakhaye ubewusi ungeke ukhohlwe ukuthi hlalo ekomidini
lezimali kwisishayamthetho sakwaZulu-Natali kusukela ngonyaka ka-
1994 kuya onyakeni ka-1999 . . .
[Kwaphela isikhathi.] (Translation of isiZulu draft resolution follows.)
[Mr Z C NTULI: Chairperson, I move without notice:
That the Council - (1) expresses its sadness about the death of Comrade Dumisani Makhaye, affectionately known as Shombela, who passed away on 24 October 2004;
2) notes that all his life, from his youthful days until his demise,
Dumisani Makhaye has always held onto believing in the struggle of
the liberation of the people of South Africa and Africa at large;
3) remembers the fact that Dumisani Makhaye was one of the veterans of
the people’s struggle to fight against discrimination on the basis
of colour, race and gender and to fight for democracy in South
Africa;
(4) also remembers that in 1991 he was appointed to the Southern Natal provincial executive council;
(5) also remembers that he was a member of the NEC of the ANC when he passed away;
(6) will not lose sight of the fact that Makhaye was the Chairperson of the Portfolio Committee on Finance from 1994 to 1999 . . .
[Time expired.]]
The DEPUTY CHAIRPERSON OF THE COUNCIL: Hon member, your time has expired. The motion will become a notice of motion and printed in the Order Paper.
Mr Z C NTULI: Thank you, Chair.
Mnu Z C NTULI : Mphathisihlalo, ngiphakamisa ngaphandle kwesaziso:
Ukuthi loMkhandlu –
(1) uzwakalisa okukhulu ukudumala nokumangala ngokushiywa
iqabane,uDumisani Makhaye, ebesimazi ngoShombela, odlule emhlabeni
ngomhla ka-24 Okthoba 2004;
(2) uyakuqaphela ukuthi uDumisani Makhaye impilo yakhe yonke
kusukela ebusheni bakhe kuze kube uyasishiya emhlabeni, ubelokhu
ebambelele ekukholelweni emzabalazweni wenkulelo yabantu
baseNingizimu Afrika ne-Afrika yonkana;
(3) ukhumbula ukuthi uDumisani Makhaye ungomunye wezingqalabutho
zomzabalazo wabantu wokulwisana nokucwasana ngokwebala, ngokobuzwe
nangokobulili kanye nokulwelwa intando yeningi eNingizimu Afrika;
(4) uyakhumbula futhi ukuthi ngo-1991 uMakhaye waqokelwa esigungwini
esikhulu sesifunda saseNingizimu neNatali;
(5) uyakhumbula futhi ukuthi ngesikhathi sokwedlula kwakhe emhlabeni
ubeyilungu lesigungu esikhulu kuzwelonke embuthweni kaKhongolose;
6) uMakhaye ubewusi ungeke ukhohlwe ukuthi hlalo ekomidini lezimali
kwisishayamthetho sakwaZulu-Natali kusukela ngonyaka ka-1994 kuya
onyakeni ka-1999 . . .
7) uyakhumbula futhi ukuthi kusukela ngo-1999 kuya ku-2004,
ubewungqongqoshe womnyango woHulumeni baseKhaya, ezeziNdlu kanye
nezeNdlu yabaHoli beNdabuko adlule emhlabeni esawenza lo msebenzi;
8) uyaqaphela ukuthi uMakhaye usishiye nefa lobuqhawe nokusebenza
ngokuzimisela. (Translation of isiZulu draft resolution follows.)
[Mr Z C NTULI: Chairperson, I move without notice:
That the Council –
1) expresses its sadness about the death of Comrade Dumisani Makhaye,
affectionately known as Shombela, who passed away on 24 October
2004;
(2) notes that all his life, from his youthful days until his
demise, Dumisani Makhaye has always held onto believing in the
struggle of the liberation of the people of South Africa and Africa
at large;
(3) remembers the fact that Dumisani Makhaye was one of the veterans
of the people’s struggle to fight against discrimination on the
basis of colour, race and gender and to fight for democracy in
South Africa;
(4) also remembers that in 1991 he was appointed to the Southern
Natal provincial executive council;
(5) also remembers that he was a member of the NEC of the ANC when
he passed away;
(6) will not lose sight of the fact that Makhaye was the Chairperson
of the Portfolio Committee on Finance from 1994 to 1999 . . .
7) remembers also that from 1999 to 2004 he was the MEC of local
government, housing and traditional affairs until his death;
8) realises that Makhaye left us with a heroic heritage, and working
with determination.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Can somebody be in control of the microphones, please. Mr Blanché, can you come and use this one.
RAPE OF 60-YEAR-OLD WOMAN IN POTCHEFSTROOM
(Draft Resolution)
Ms J F TERBLANCHE: Chairperson, I hereby move a motion without notice:
That the Council –
1) notes that on Monday, 18 October 2004, a 60-year-old resident of
Potchefstroom was raped;
2) believes that this severely traumatised victim had to wait for two
hours before she was examined by a district surgeon;
3) further notes that the victim is still in hospital a week after the
incident;
4) calls upon this House to condemn this and other acts of violence
against women and children;
5) regrets the refusal of the President to address the serious issue
of rape in our country; and
6) acknowledges the suffering of women and children who are attacked
on a daily basis.
Motion agreed to in accordance with section 65 of the Constitution.
DEATH OF MBONGENI NGOBENI
(Draft Resolution)
Ms M P THEMBA: Chairperson, I hereby move without notice:
That the Council -
(1) notes with sadness the death of a former MP, Comrade Mbongeni
Ngobeni, also former Secretary-General of Sanco from Witbank,
Mpumalanga;
(2) believes that he was involved in a car accident and passed away
on Sunday, 24 October 2004; and
(3) wishes to convey its condolences to the Ngobeni family and
friends.
Motion agreed to in accordance with section 65 of the Constitution.
LAUNCH OF NEW MARINE ANTI-POACHING OPERATION
(Draft Resolution)
Mr K SINCLAIR: Hon Chair of Chairs, I suppose you must just instruct the staff that I am not a member of the DA. They are not supposed to sabotage me. [Laughter.]
Hon Chairperson, I move without notice:
That the Council -
(1) welcomes the launch of a major new marine anti-poaching operation, which will be a joint operation between the Department of Environmental Affairs and Tourism, the South African Police Service and the Overstrand Municipality;
(2) notes that this new initiative will effectively replace the existing Operation Neptune; and
3) further notes that the strategy is aimed at tackling and rooting
out the causes of the serious decline in abalone stocks and that
about R8 million in extra funding will be added annually to the
existing Operation Neptune and Overstrand Marines programme
resources, which will bring the operational budget to well in
excess of R15 million per year.
Motion agreed to in accordance with section 65 of the Constitution.
TOURISM ACCOLADES FOR CAPE TOWN
(Draft Resolution)
Mr F ADAMS: Chair, I move without notice:
That the Council -
(1) notes that -
(a) according to the United Kingdom's 2004 Daily Telegraph
Travel Awards, Cape Town has been voted the best city in the
world by thousands of international travellers;
(b) the American 2004 Condé Nast Top 100 Readers' Choice
Awards has also placed Cape Town at the top of the heap in the
Best Category for Africa and the Middle East;
(c) if this is not enough, in the 2004 High Life Travel Awards
British Airways voted Cape Town the best city in the world in
which to eat out;
(d) the Telegraph has published its travel poll for the past
seven years and in its poll Sydney and Venice take second and
third places;
(e) according to the survey Cape Town is also home to one of
the best hotels in the world as the Mount Nelson was voted
third best city hotel in the world and it was the only South
African hotel to make it onto the Telegraph awards list; and
(2) is of the opinion that -
(a) South Africa, and Cape Town in particular, has come a long
way;
(b) receiving such an accolade is a great privilege for Cape
Town; and
(c) more of our cities and hotels will receive international
recognition next year.
Motion agreed to in accordance with section 65 of the Constitution.
NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY BILL
(Consideration of Bill and of Report thereon)
Mr C J VAN ROOYEN: Hon Chair of Chairs, hon members, South Africa is recognised for its great natural beauty and abundant natural resources. However, prior to 1994 it was better known for the brutal apartheid regime that deprived the majority of its people of basic human rights. By law, and occasionally at gunpoint, it dictated where people could live and what their life chances would be. It did not stop at segregating people according to their skin tone, white-owned industries required cheap and expendable labour, and low waste-disposal costs.
To meet these needs, entire communities were relocated alongside polluting industries. The apartheid government’s decision to allow industries to continue with their ineffective environment control placed these communities at risk of exposure to harmful industrial air pollutants.
In a broad policy statement the ANC stated in its Ready to Govern document that it believes that all citizens of South Africa, at present and in future, have the right to a safe and healthy environment, and to a life of wellbeing. This places the environment on the agenda of community meetings, including ANC branch meetings.
In terms of section 24 of our Constitution, people are afforded two distinctive rights. The first one is the recognition that everyone has a right to an environment that is not harmful to their wellbeing and health. The second right requires the state to protect the environment through reasonable legislative and other measures to prevent pollution.
The new National Environmental Management: Air Quality Bill replaces the outdated apartheid Atmospheric Pollution Prevention Act, Act 45 of 1965. This new Bill illustrates the government’s determination to enforce its citizens’ constitutional right to a clean and safe environment. This Bill is welcomed, considering the fact that poor air quality cost South Africa millions of rands in health care and losses in production, money that could be better spent on other needs.
This Bill, which has been described as a watershed to air quality management in South Africa, aims to give effect to the state’s constitutional duty in relation to air quality. Furthermore, it aims to protect, restore and enhance air quality in South Africa and fulfil everyone’s right to air that is not harmful to health and wellbeing. It empowers the government to repeal the outdated, ineffective and unconstitutional Act of 1965; it provides increased opportunities for public involvement and participation in the protection of air quality; it develops national ambient and emission standards; it develops a detailed, comprehensive, coherent and integrated air quality management regime - the National Air Quality Management Framework; it ensures that the public has access to the relevant information about air pollution; and, it reduces risk to human health and prevents decline in air quality.
An important aspect of the Bill is that it reduces the burden of proof by the state regarding future health and environmental impacts. I would therefore warn those industries that still consider monetary gains more important than human rights to take note of this Bill or face the consequences, especially industries in the hot spots. For a long time, many South Africans have had to breathe air that gave them diseases. With this Bill, people will, at long last, be able to breathe fresh air.
In conclusion, the National Environmental Management: Air Quality Bill places South Africa, globally, in a leadership position regarding environmental protection and sustainable development best practices. The ANC therefore supports this Bill. [Applause.]
Debate concluded.
The CHAIRPERSON OF COMMITTEES: Hon members, that concludes the debate. I shall now put the question and the question is that the Bill be agreed to. 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 House to cast their provinces’ votes. Are all the delegation heads present? Yes.
In accordance with Rule 71, I shall first allow provinces the opportunity to make their declarations of vote, if they so wish. We shall now proceed to voting on the question. I shall do this in alphabetical order per province. Delegation heads must please indicate to the Chair whether they vote in favour, against or abstain from voting. The Eastern Cape?
Ms B N DLULANE: Supports.
The CHAIRPERSON OF COMMITTEES: Free State?
Mrs S E MABE: Free State e a dumela. [Free State supports.]
The CHAIRPERSON OF COMMITTEES: Gauteng?
Mr S SHICEKA: Siyavuma Mgcinisihlalo. [We agree, Chairperson.]
The CHAIRPERSON OF COMMITTEES: KwaZulu-Natal?
Mr Z C NTULI: I-KwaZulu-Natal iyavumelana. [KwaZulu-Natal agrees.]
The CHAIRPERSON OF COMMITTEES: Limpopo?
Ms H F MATLANYANE: Limpopo re dumelana le yona. [Limpopo supports.]
The CHAIRPERSON OF COMMITTEES: Mpumalanga?
Mr B J TOLO: Mpumalanga steun. [Mpumalanga supports.]
The CHAIRPERSON OF COMMITTEES: Northern Cape?
Ms P HOLLANDER: Noord-Kaap steun. [Northern Cape supports.]
The CHAIRPERSON OF COMMITTEES: North West?
Rev P MOATSHE: North West supports.
The CHAIRPERSON OF COMMITTEES: Western Cape?
Mr F ADAMS: Wes-Kaap steun. [Western Cape supports.]
The CHAIRPERSON OF COMMITTEES: Hon members, all provinces voted in favour. I therefore declare the Bill agreed to in terms of section 75 of the Constitution.
Bill accordingly agreed to in accordance with section 75 of the Constitution.
NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS AMENDMENT BILL
(Consideration of Bill and of Report thereon)
Rev P MOATSHE: Hon Deputy Chair and hon members, one of the key components of the World Parks Congress held in 2003 in Durban was to review the global status of protected areas and develop a new conservation agenda. A central theme of the congress was the recognition that protected areas should not be islands of conservation divorced from the social and economic context within which they are located. They generate significant economic, environmental and social benefits. This makes them powerful contributors to poverty reduction and to the development targets set in the Millennium Declaration and at the World Summit on Sustainable Development.
A new paradigm has emerged in South Africa in which synergies are sought between conservation and development agendas. It is an era in which protected areas play a vital role in achieving this synergy and integration and provide benefits beyond boundaries. The paradigm encompassing protected areas reviews and re-enforces the following: conserving diversity of plants and animal species; maintaining ecosystems in preserving historic and cultural resources; securing the beauty of landscape that enrich human experience and protecting places of spiritual value.
The National Environmental Management: Protected Areas Amendment Bill seeks to amend the National Environmental Management: Protected Areas Act of
- It contains provisions that will enable the aforementioned Act to apply to the national parks and marine protected areas as part of the general scheme of protected areas of the Republic.
In terms of this amendment the Minister may, in the Government Gazette, declare an area specified in the notice as a national park and may also withdraw that declaration. The Minister may also designate a national park, or part thereof, as a wilderness area. This designation may be made to protect the natural character of the environment, to provide outstanding solitude, and to control access which, if allowed, may not be mechanised. This designation must be made in consultation with the management of the park.
The amendment contains further provisions regarding the functions and general powers of national parks. This amendment does not seek to repeal the National Parks Act, but certain provisions in that Act that deal with the functions of national parks will be repealed by the proposals in this Bill. In conclusion, currently in South Africa there are 403 protected areas covering 6,6 million hectares and this translates to 5,5% of the land area. There are currently 22 national parks covering 53% of the total area of land under protection. Protected area coverage has tripled over the past 20 years and has provided society with immeasurable benefits such as clean water, fish stocks, food protection and reduction of poverty through supporting sustainable livelihood. May this House support this statement. I thank you, Chair. [Applause.]
Debate concluded.
The CHAIRPERSON OF COMMITTEES: I shall now put the question. And the question is that the Bill be agreed to. In accordance with Rule 63 I shall first allow political parties to make their declarations of vote, if they so wish.
Hon members, we shall now proceed to the voting on the question. Those in favour say “Aye”.
HON MEMBERS: Aye!
The CHAIRPERSON OF COMMITTEES: Those against say “No”.
HON MEMBERS: No!
The CHAIRPERSON OF COMMITTEES: I think the “Ayes” have it. The majority of members have voted in favour. I therefore declare the Bill agreed to in terms of section 75 of the Constitution. [Applause.]
Bill agreed to in accordance with section 75 of the Constitution.
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA AND THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME
(Consideration of Report)
Ms D ROBINSON: Hon Madam Chair of Chairs and hon members, the proposed double taxation agreement between the Republic of South Africa and Ethiopia is a step forward in reaching a more equitable and transparent trade environment. South Africa is now an important player in international trade and commerce. Its role in Africa is in the process of being defined.
This agreement represents a new convention with important developing countries. Ethiopia, our African cousin from the north of our continent, which has recently been united under Nepad, is classed as an emerging market. South Africa can help with developing financial markets, where our expertise is well developed.
It is therefore not only Ethiopia that will benefit from this double taxation convention. It is a reciprocal relationship, benefiting South Africa too.
The double taxation convention is intended to remove trade barriers and provide certainty of tax treatment, reducing withholding rates and assisting in collection, resolution of tax disputes and interpretation. The convention closely follows the OECD model convention as its foundation. As an example, the provisions for air and sea transport are extended to include profits derived from rental on a bare-boat basis of ships and aircraft, if such profits are incidental. It extends the convention to profits from the use of containers and related equipment. Other examples are an agreement to 10% withholding tax on foreign dividends and 20% on royalties. Academics carrying out research are spared tax in the host country for 2 years.
However, an important aspect of these agreements from South Africa’s current perspective is investment capital from the overseas markets. We all agree we must grow faster. Here we need to improve our performance. In 2003 foreign direct investment was 50% lower than it was in 2002 - this in a country desperate to increase economic growth and job creation.
A KPMG survey found that South African’s tax rate is 7% higher than the average for Latin America and the Asian Pacific. This means that companies investing here face a tax bill 23% higher than if they invested in those regions. This is an important policy challenge for our competitiveness, which we should discuss.
Personal income taxes have been steadily reduced over the past few years, for which the government is to be applauded. But business activity and investment is the driver of the South African economy and the contribution of corporate profits to total tax revenues almost doubled between 1999 and
- This has both positive and negative consequences, which we should debate.
Countries like Ireland have found that lowering corporate tax rates has actually resulted in increased tax take through new investment. This fact alone should be enough to persuade the authorities to undertake a comprehensive review of taxation in the interests of attracting a fair share of foreign direct investment that will help to boost our growth rate and create jobs. Minister Manuel has called a tax colloquium. We must all take an active interest in such a debate of our tax policies after the dramatic changes to the tax system in recent years. The Select Committee on Finance supports this agreement. [Applause.]
Debate concluded.
The CHAIRPERSON OF COMMITTEES: Thank you, hon member. That concludes the debate. I shall now put the question and 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 delegation heads are present in the Chamber to cast their provinces’ votes. Are all the delegation heads present? Yes.
In accordance with Rule 71, I shall allow provinces an opportunity to make their declarations of vote if they so wish. We shall now proceed to the voting on the question. I shall do this in alphabetical order. Delegation heads must indicate to the Chair whether they vote in favour, against or abstain from voting. Eastern Cape?
Ms B N DLULANE: Re a e thega. [We support it.]
The CHAIRPERSON OF COMMITTEES: Free State?
Mrs S E MABE: Agree.
The CHAIRPERSON OF COMMITTEES: Gauteng?
Mr S SHICEKA: Siyavuma. [We support.] The CHAIRPERSON OF COMMITTEES: KwaZulu-Natal?
Mr Z C NTULI: Kwazulu-Natal iyahambisana. [KwaZulu-Natal supports.]
The CHAIRPERSON OF COMMITTEES: Limpopo?
Ms H F MATLANYANE: Limpopo agrees.
The CHAIRPERSON OF COMMITTEES: Mpumalanga?
Ms M P THEMBA: Mpumalanga supports.
The CHAIRPERSON OF COMMITTEES: Northern Cape?
Ms P HOLLANDER: Agrees.
The CHAIRPERSON OF COMMITTEES: North West?
Mr Z S KOLWENI: Ke a rona. [We support it.]
The CHAIRPERSON OF COMMITTEES: Western Cape?
Mr F ADAMS: Wes Kaap steun [Western Cape supports.]
The CHAIRPERSON OF COMMITTEES: All provinces voted in favour. I therefore declare the report adopted in terms of section 65 of the Constitution. [Applause.]
Report accordingly adopted in accordance with section 65 of the Constitution.
CONVENTION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA AND THE GOVERNMENT OF THE REPUBLIC OF BULGARIA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME
(Consideration of Report)
Ms D ROBINSON: Hon Madam Chair, the proposed double tax agreement between our country and Bulgaria is a progressive initiative that should facilitate trade between our countries and could increase inward investment in South Africa. Since South Africa is now part of the global economy, these agreements should remove restrictive trade barriers. Double tax agreements are an international phenomenon intended to encourage foreign investment.
We are pleased that this agreement represents new conventions with an important country. Bulgaria, a democracy in a fast-growing Eastern Europe, will become part of the European Union in the foreseeable future. This agreement should therefore encourage trade in the service sector of the economy, in manufacturing, and in tourism, which is focused in the Black Sea.
By our count, we now have 53 signed, comprehensive double taxation agreements with countries around the world. Many of these are with developing countries, but the list includes developed countries like the USA, the UK, Japan, Austria and Switzerland.
We have faith that the vast majority of these agreements have resulted in benefits for South Africans, South African companies, and the SA Revenue Service, but our faith is based on little more than our knowledge of classical trade theory.
It would therefore be very useful for policy-makers and commentators alike to have a comprehensive and detailed view of the relative costs and benefits of each existing double taxation agreement. A published review or audit of all of our existing agreements would be of great benefit to all. Such a review would reveal the consequences of each and every agreement with an analysis of costs and benefits in respect of government revenue, opportunity, cost and investment. This review would assist in the identification and evaluation of positions where the existing agreements, especially those with developed countries, could potentially be perpetuating discriminatory practises that have negatively impacted developing countries for centuries.
It would also highlight gaps in policy, which could be judiciously filled by extensions of the agreements or the establishment of new agreements.
We applaud the principle of such double taxation agreements for the beneficial effect that they will have on our economy and on trade agreements. The Select Committee on Finance supports this agreement. [Applause.]
Debate concluded.
The CHAIRPERSON OF COMMITTEES: That concludes the debate. I shall now put the question and the question is that the report be adopted. As the decision is dealt in terms of section 65 of the Constitution, I shall first ascertain where all delegation heads are present in the Chamber to cast their provinces’ votes. Are all the delegation heads present? Yes.
In accordance with Rule 71, I shall first allow provinces an opportunity to make their declarations of vote if they so wish.
We shall now proceed to voting on the question. I shall do this in alphabetical order per province. Delegation heads must indicate to the Chair whether they vote in favour, against or abstain from voting. Eastern Cape?
Ms B N DLULANE: Siyayixhasa. [We support.]
The CHAIRPERSON OF COMMITTEES: Free State?
Mrs S E MABE: Siyavhuma. [Support.]
The CHAIRPERSON OF COMMITTEES: Gauteng?
Mr S SHICEKA: Agreed.
The CHAIRPERSON OF COMMITTEES: KwaZulu-Natal?
Mr Z C NTULI: KwaZulu-Natal agrees.
The CHAIRPERSON OF COMMITTEES: Limpopo?
Ms H F MATLANYANE: Limpopo agrees.
The CHAIRPERSON OF COMMITTEES: Mpumalanga?
Ms M P THEMBA: Mpumalanga supports.
The CHAIRPERSON OF COMMITTEES: Northern Cape?
Ms P HOLLANDER: Northern Cape supports.
The CHAIRPERSON OF COMMITTEES: North West?
Mr Z S KOLWENI: Ke a rona. [Support.]
The CHAIRPERSON OF COMMITTEES: Western Cape?
Mr F ADAMS: Siyayixhasa. [We support.]
The CHAIRPERSON OF COMMITTEES: All provinces voted in favour. I shall therefore declare the report adopted in terms of section 65 of the Constitution. [Applause.]
Report accordingly adopted in accordance with section 65 of the Constitution.
PROTOCOL ON LEGAL AFFAIRS IN THE SOUTH AFRICAN DEVELOPMENT
COMMUNITY (SADC)
(Consideration of Report)
Mr D A WORTH: Madam Chair, hon members, please bear with me, this is a very technical protocol and I have condensed it as far as possible.
Some 14 Southern African member states will eventually have signed and ratified this protocol in accordance with their various perspective constitutional processes. The Republic of South Africa is one of these member states.
The objectives of this protocol shall be, amongst others, to provide legal assistance to all SADC member states and its institutions in matters relating to the interpretation and implementation of the treaty, protocols and subsidiary legal instruments; provide legal advice and related legal services to other SADC sectors; assist the various state parties in developing legal capacities and expertise in specific legal areas of concern; facilitate the adoption of appropriate schemes of co-operation in criminal and civil matters; promote the adoption of mutual assistance agreements and arrangements in civil and criminal matters; facilitate the harmonious implementation of decisions taken by the multilateral organisations of which SADC states are members; develop common strategies and standards for dealing with the administration of justice and law enforcement; promote legal assistance to the SADC institutions; promote the harmonisation of the administrative and legislative measures in civil and criminal matters; facilitate the development within state parties of facilities to enhance information sharing; and to undertake and promote research on legal issues of common concern within the mandate of the SADC countries.
To implement this protocol, the following functional institutions will be established: the committee of ministers of justice/attorneys-general, the committee of legal experts, and the legal sector co-ordinating unit.
The committee of ministers of justice/attorneys-general shall be responsible for providing guidance and for co-ordination of policies, programmes and projects for the legal sector; advise council on legal matters arising from activities of SADC; and liaise with the SADC Secretariat on matters pertaining to the legal sector.
The committee of legal experts shall consist of legal experts, one each designated by each state party. Each member of the committee of legal experts shall be the contact point in each state party for the legal sector and shall establish and maintain effective consultations with the co- ordinating unit on matters concerning the legal sector.
The committee of legal experts shall examine legal aspects of all reports and documents submitted to it by the co-ordinator, SADC Secretariat, commissions, and other SADC institutions; advise the committee of ministers on issues, proposals and projects to be presented to the council for approval; and review any sectoral programme of action in order to ensure that it is consistent with the objects of the legal sector and those of SADC.
The legal sector co-ordinating unit shall be the executing agency of the legal sector. The legal sector co-ordinating unit shall be established in the ministry or department responsible for justice or legal affairs of the co-ordinating country. The legal sector co-ordinating unit shall be headed by a co-ordinator appointed by the state party responsible for co- ordinating the legal sector, and he or she shall be assisted by such supporting staff of professional, administrative and secretarial personnel as the co-ordinator may deem necessary.
The legal sector co-ordinating unit shall provide leadership in the articulation of the objectives and policies of the legal sector; facilitate the development of SADC policies and strategies and those of the state parties where this may be required; facilitate the sharing of information in the legal field on matters falling under the objectives of the legal sector; advise the state parties on matters pertaining to the activities of the sector; organise and manage or assist in organising and managing all meetings of the legal sector; prepare the annual reports of the legal sector; mobilise financial and technical resources for the implementation of the programmes and projects of the legal sector; and carry out any duties aimed at the promotion of the work of the legal sector, and in general of SADC programmes.
With regard to the financial provisions, state parties shall endeavour to allocate the necessary funds for the effective implementation of this protocol. The cost of administering and managing the affairs of the co- ordinating unit shall be borne by the co-ordinating country. Programmes and projects of the legal sector may be financed by funds legitimately solicited from various sources, including the international donor community and other parties. The legal sector may accept legacies, grants and gifts in conformity with the guidelines set by the council.
This protocol shall enter into force 30 days after the deposit of the instruments of ratification by two-thirds of the member states. Any state party wishing to withdraw from this protocol shall give to the Executive Secretary 12 months’ written notice of its intention. Such state party withdrawing from this protocol shall cease to enjoy all rights and benefits from the effective date of the withdrawal and remain bound to the obligations assumed under this protocol until the withdrawal takes effect.
The Select Committee on Security and Constitutional Affairs recommends that this Council, in terms of section 231(2) of the Constitution approve this protocol. I thank you. [Applause.]
Debate concluded.
The CHAIRPERSON OF COMMITTEES: I shall now put the question in respect of the Fifth Order. The question is that the Report be adopted. As this decision is dealt with in terms of section 65 of the Constitution, I need to ascertain whether all delegation heads are present. Are all delegation heads present? Yes.
I shall now also allow provinces the opportunity to make their declarations of vote in terms of Rule 71 if they so wish.
We shall now proceed to voting on the question. I shall do this in alphabetical order per province. 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: Siyaxhasa. [We support.]
The CHAIRPERSON OF COMMITTEES: Free State?
Mrs S E MABE: Re a dumela. [We agree.]
The CHAIRPERSON OF COMMITTEES: Gauteng?
Mr S SHICEKA: Siyahambisana. [We are in agreement.]
The CHAIRPERSON OF COMMITTEES: KwaZulu-Natal?
Mr Z C NTULI: Siyahambisana. [We are in agreement.]
The CHAIRPERSON OF COMMITTEES: Limpopo? Ms H F MATLANYANE: Re dumelana nao. [We support.]
The CHAIRPERSON OF COMMITTEES: Mpumalanga?
Ms M P THEMBA: We support
The CHAIRPERSON OF COMMITTEES: Northern Cape?
Ms P HOLLANDER: Re a dumela. [We agree.]
The CHAIRPERSON OF COMMITTEES: North West?
Mr Z S KOLWENI: Ke wa rona. [We support.]
The CHAIRPERSON OF COMMITTEES: Western Cape?
Mr F ADAMS: Ons steun. [We support.]
The CHAIRPERSON OF COMMITTEES: All provinces voted in favour. I therefore declare the Report adopted in terms of section 65 of the Constitution.
Report accordingly adopted in accordance with section 65 of the Constitution.
PROTOCOL OF THE COURT OF JUSTICE OF THE AFRICAN UNION (Consideration of Report)
Mr Mr M A MZIZI: Chairperson, it is a privilege for me to report on the Protocol of the Court of Justice of the African Union. The Select Committee on Security and Constitutional Affairs met and discussed the above matter. This protocol deals with judicial matters and procedure in relation to the Constitutive Act that establishes the Court of Justice of the African Union. Therefore, it must be understood that whatever decision is arrived at, all heads of states and governments of the union must be part of such a decision-making process.
There are two fundamental principles that must be adhered to. The first one is that the court established by Act shall function in accordance with the provisions of the Act. Secondly, the court shall be the principal judicial organ of the union. The composition of judges shall consist of seven judges who are nationals of states’ parties. The Assembly may, when it deems it necessary, review the number of judges. Another aspect that is of importance is that no two judges shall be nationals of the same state.
In the court as a whole, the representation of the principal legal traditions of Africa shall be adhered to and assured. It is also important to note that each state party may nominate only one candidate who holds the necessary qualifications as enshrined in article 4 of this protocol. Due consideration will be given to adequate gender representation in the nomination process. This is a milestone for the emancipation and recognition of African women as a whole, because they have valuable contributions to make towards the success of this court.
In relation to the many atrocities still suffered by women on our continent with regards to crimes and war against women as well as the countless human rights abuses that women have suffered, this court must become a beacon of hope for all the women of Africa as well as women of the world who were previously aggrieved, discriminated against and abused.
The court must alleviate the pain suffered and distress caused by ensuring that the perpetrators face the wrath of the law. The inclusion of women in this judicial structure of the African Union must serve as an instrument and channel for highlighting continental crimes against women in order to create a more just society for the growth and development of all the women on the African continent. Another crucial aspect is that of allowing for hearings in court to be public unless the court, on its own motion or application by the parties, agrees that the public should not be admitted. Transparency of this nature is critical as a vehicle for transmitting the rule of law and order across the African continent.
It is of great importance that all our people across the continent are made aware of the proceedings of this court. This will go a long way, I believe, in creating a common spirit that justice can be served in Africa, with specific relation to upholding human rights and lifting the flag of peace and stability in Africa. This court must strive to be transparent, accessible as well as being a symbol and vehicle of African unity.
Another unique process is the tenure of office. The judges shall be elected for a period of six years and may be re-elected only once. The term of five judges elected at the first election shall expire at the end of four years and other judges shall serve the full term. The select committee is of the opinion that there is no need to comment on the procedure now but rather to allow the processes to be set in motion first.
Another good aspect is that of the election of a judge to replace another judge whose term of office has expired. The replacement judge shall be from the same region and shall hold office for the remainder of the predecessor’s term. An aspect that is also of critical importance is that the court shall elect its own president and vice-president for a period of three years. These two may be re-elected once. The president may reside on the seat of the court. The rules of the court shall set out modalities for the election of the president and the vice-president as well as other functions.
In terms of dealing with questions of a quorum, when sitting in chamber, the court shall only examine cases if it has a quorum of at least seven judges. The quorum for a special chamber shall be set out in the rules of the court. An important aspect of the protocol is that it allows for the court to submit to each ordinary session of the Assembly a report on its work during the previous year. The report shall specify in particular the case in which a state has not complied with the court’s judgment. However, there is no mention on how the court will deal with states that do not comply with the court’s judgement. This is of grave concern, especially in relation to peacekeeping and establishing law and order on the African continent, as well as bestowing respect on and honouring this important judicial structure.
Let me briefly talk about the rules of the court. The court shall frame rules for carrying out its functions and generally give effect to this protocol. In particular, it shall lay down rules of procedure and terms of conforming to this protocol. The court may from time to time, in one or more chambers composed of three or more judges as the court may determine, deal with particular categories of cases. These procedures do not differ from other procedural courts. I therefore propose, on behalf of the select committee, that this House accepts this report. [Applause.]
Debate concluded.
The CHAIRPERSON OF COMMITTEES: Thank you, hon member. That concludes the debate. I shall now put the question and 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 delegation heads are present in the Chamber to cast their provinces’ votes. Are all delegation heads present? In accordance with Rule 71 I shall first give provinces an opportunity to make their declarations of vote if they so wish. We shall now proceed to voting on the question. I shall do this in alphabetical order per province. 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: Ons steun. [We support.]
The CHAIRPERSON OF COMMITTEES: Free State?
Mrs S E MABE: We support it.
The CHAIRPERSON OF COMMITTEES: Gauteng?
Mr S SHICEKA: Ons stem ten gunste daarvan. [We support.]
The CHAIRPERSON OF COMMITTEES: KwaZulu-Natal?
Mr Z C NTULI: KwaZulu-Natal votes in favour.
The CHAIRPERSON OF COMMITTEES: Limpopo?
Ms H F MATLANYANE: Re sepedisana le yona. [We vote in favour.]
The CHAIRPERSON OF COMMITTEES: Mpumalanga?
Ms M P THEMBA: We vote in favour.
The CHAIRPERSON OF COMMITTEES: Northern Cape?
Ms P HOLLANDER: Ra dumellana. [We vote in favour.]
The CHAIRPERSON OF COMMITTEES: North West?
Mr Z S KOLWENI: Ke ya rona. [We vote in favour.]
The CHAIRPERSON OF COMMITTEES: Western Cape?
Mr F ADAMS: Iyayixhasa. [We support it.]
The CHAIRPERSON OF COMMITTEES: Hon members, all provinces voted in favour. I therefore declare the report adopted in terms of section 65 of the Constitution.
Report accordingly adopted in accordance with section 65 of the Constitution.
TREATY BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA AND THE
GOVERNMENT OF THE REPUBLIC OF INDIA ON EXTRADITION
(Consideration of Report)
Mr F ADAMS: Chairperson, hon Chair of Chairs, I want to find out if I can extend my time with five more minutes. [Interjections.] Chairperson, there is the desire between the government of South Africa and the government of India to make more effective their co-operation in the prevention and suppression of crime by concluding a treaty on extradition, and affirming the respect for each other’s legal systems and judicial institutions.
Each contracting state agrees to extradite to the other, in accordance with the provisions of the treaty, persons who are wanted for trial, prosecution or the imposition or enforcement of a sentence in the requesting state for an extraditable offence. For the purpose of this treaty, extradition shall be granted for conduct which constitutes an offence under the laws of both contracting states and punishable by deprivation of liberty for at least one year or by a more severe penalty.
The Select Committee on Security and Constitutional Affairs, having considered the request for approval by Parliament of the Treaty Between the Government of the Republic of South Africa and the Government of the Republic of India on Extradition, recommends that the Council approves the said treaty. I thank you. [Applause.] 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 delegation heads are present in the Chamber to cast their provinces votes. Are all delegation heads present? Yes.
In accordance with rule 71 I shall first allow provinces the opportunity to make their declarations of vote if they so wish. We shall now proceed to voting on the question. I shall do this in alphabetical order per province. The 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: Siyavumelana. [We support.]
The CHAIRPERSON OF COMMITTEES: Free State?
Mrs S E MABE: Ke ya rona. [We support it.]
The CHAIRPERSON OF COMMITTEES: Gauteng?
Mr S SHICEKA: Siyavuma. [We support.]
The CHAIRPERSON OF COMMITTEES: KwaZulu-Natal?
Mr Z C NTULI: Siyayixhasa. [We support it.]
The CHAIRPERSON OF COMMITTEES: Limpopo?
Ms H F MATLANYANE: Re a e thekga. [We support it.]
The CHAIRPERSON OF COMMITTEES: Mpumalanga?
Ms M P THEMBA: Siyayisekela. [We support it.]
The CHAIRPERSON OF COMMITTEES: Northern Cape?
Ms P HOLLANDER: We vote in favour.
The CHAIRPERSON OF COMMITTEES: North West?
Mr Z S KOLWENI: Ke ya rona. [We vote in favour.]
The CHAIRPERSON OF COMMITTEES: Western Cape?
Mr F ADAMS: Steun. [We support.]
The CHAIRPERSON OF COMMITTEES: Hon members, all provinces voted in favour. I therefore declare the report adopted in terms of section 65 of the Constitution.
Report accordingly adopted in accordance with section 65 of the Constitution.
The Council adjourned at 17:40. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
FRIDAY, 22 OCTOBER 2004
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Membership of Committees
(1) Mrs W S Newhoudt-Druchen has been elected Chairperson of the
Joint Monitoring Committee on Improvement of Quality of Life and
Status of Children, Youth and Disabled Persons with effect from 22
October 2004.
(2) Mr D D Gamede has been elected Deputy Chairperson of the Joint
Monitoring Committee on Improvement of Quality of Life and Status
of Children, Youth and Disabled Persons with effect from 22
October 2004.
COMMITTEE REPORTS
National Council of Provinces
-
Insert No 1 from “2ATC1022”
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Report of the Select Committee on Finance on the Finance Bill [B 13 - 2004] (National Assembly - sec 77), dated 22 October 2004:
The Select Committee on Finance, having considered the subject of the Finance Bill [B 13 - 2004] (National Assembly - sec 77), referred to it, reports that it has agreed to the Bill.
-
Report of the Select Committee on Finance on the Petroleum Pipelines Levies Bill [B 18 - 2004] (National Assembly - sec 77), dated 22 October 2004:
The Select Committee on Finance, having considered the subject of the Petroleum Pipelines Levies Bill [B 18 - 2004] (National Assembly - sec 77), referred to it, reports that it has agreed to the Bill.
-
Report of the Select Committee on Finance on the Agreement between the Government of the Republic of South Africa and the Federal Democratic Republic of Ethiopia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, dated 22 October 2004:
The Select Committee on Finance, having considered the request for approval by Parliament of the Agreement between the Government of the Republic of South Africa and the Federal Democratic Republic of Ethiopia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Agreement.
Report to be considered.
-
Report of the Select Committee on Finance on the Convention between the Government of the Republic of South Africa and the Government of the Republic of Bulgaria for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, dated 22 October 2004:
The Select Committee on Finance, having considered the request for approval by Parliament of the Convention between the Government of the Republic of South Africa and the Government of the Republic of Bulgaria for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Convention.
Report to be considered.
MONDAY, 25 OCTOBER 2004
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Finance
(a) Government Notice No R1128 published in Government Gazette No
26853 dated 30 September 2004: Policyholder Protection Rules
(Short-term Insurance), 2004, in terms of the Short-term Insurance
Act, 1998 (Act No 53 of 1998).
(b) Government Notice No R1129 published in Government Gazette No
26854 dated 30 September 2004: Policyholder Protection Rules (Long-
term Insurance), 2004, in terms of the Long-term Insurance Act,
1998 (Act No 52 of 1998).
(c) Government Notice No 1130 published in Government Gazette No
26860 dated 30 September 2004: Statement of the National Revenue,
Expenditure and Borrowing as at 31 August 2004 in terms of the
Public Finance Management Act, 1999 (Act No 1 of 1999).
(d) Government Notice No 2174 published in Government Gazette No
26863 dated 4 October 2004: Draft Preferential Procurement
Regulations, 2004, in terms of the Preferential Procurement Policy
Framework Act, 2000 (Act No 5 of 2000).
- The Minister of Health
(a) World Health Organisation (WHO) Framework Convention on Tobacco
Control, tabled in terms of section 231(2) of the Constitution,
1996.
(b) Explanatory Memorandum on the World Health Organisation (WHO)
Framework Convention on Tobacco Control.
- The Minister of Arts and Culture
Replies from the Minister of Arts and Culture in regard to the 109th
report of the Standing Committee on Public Accounts, 2003:
Referred to the Standing Committee on Public Accounts.
COMMITTEE REPORTS
National Council of Provinces
-
Report of the Select Committee on Security and Constitutional Affairs on the Protocol on Legal Affairs in the Southern African Development Community (SADC), dated 25 October 2004:
The Select Committee on Security and Constitutional Affairs, having considered the request for approval by Parliament of the Protocol on Legal Affairs in the Southern African Development Community (SADC), referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Protocol.
The Committee took note of the new approach that has been initiated by the National Council of Provinces in taking provinces on board on matters dealing with protocols, conventions and treaties, especially those matters mentioned in section 231 of the Constitution.
The Committee appreciates that this recent approach will further enhance active participation by and input from provinces, thereby fulfilling the expectations emanating from the core mandate of the National Council of Provinces.
Report to be considered.
-
Report of the Select Committee on Security and Constitutional Affairs on the Protocol of the Court of Justice of the African Union, dated 25 October 2004:
The Select Committee on Security and Constitutional Affairs, having considered the request for approval by Parliament of the Protocol of the Court of Justice of the African Union, referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Protocol.
The Committee took note of the new approach that has been initiated by the National Council of Provinces in taking provinces on board on matters dealing with protocols, conventions and treaties, especially those matters mentioned in section 231 of the Constitution. The Committee appreciates that this recent approach will further enhance active participation by and input from provinces, thereby fulfilling the expectations emanating from the core mandate of the National Council of Provinces.
Report to be considered.
-
Report of the Select Committee on Security and Constitutional Affairs on the Treaty between the Government of the Republic of South Africa and the Government of the Republic of India on Extradition, dated 25 October 2004:
The Select Committee on Security and Constitutional Affairs, having considered the request for approval by Parliament of the Treaty between the Government of the Republic of South Africa and the Government of the Republic of India on Extradition, referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Treaty.
The Committee took note of the new approach that has been initiated by the National Council of Provinces in taking provinces on board on matters dealing with protocols, conventions and treaties, especially those matters mentioned in section 231 of the Constitution.
The Committee appreciates that this recent approach will further enhance active participation by and input from provinces, thereby fulfilling the expectations emanating from the core mandate of the National Council of Provinces.
Report to be considered.
-
Report of the Select Committee on Security and Constitutional Affairs on the Treaty between the Government of the Republic of South Africa and the Government of the Republic of India on Mutual Legal Assistance in Criminal Matters, dated 25 October 2004:
The Select Committee on Security and Constitutional Affairs, having considered the request for approval by Parliament of the Treaty between the Government of the Republic of South Africa and the Government of the Republic of India on Mutual Legal Assistance in Criminal Matters, referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Treaty.
The Committee took note of the new approach that has been initiated by the National Council of Provinces in taking provinces on board on matters dealing with protocols, conventions and treaties, especially those matters mentioned in section 231 of the Constitution.
The Committee appreciates that this recent approach will further enhance active participation by and input from provinces, thereby fulfilling the expectations emanating from the core mandate of the National Council of Provinces.
Report to be considered.
TUESDAY, 26 OCTOBER 2004
ANNOUNCEMENTS
National Assembly and National Council of Provinces
-
Introduction of Bills (1) The Minister of Finance
(i) Adjustments Appropriation Bill [B 21 - 2004] (National Assembly - sec 77)
(ii) Revenue Laws Amendment Bill [B 22 - 2004] (National Assembly - sec 77)
Introduction and referral to the Portfolio Committee on Finance of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160, on 26 October 2004.
In terms of Joint Rule 154 written views on the classification of the Bills may be submitted to the Joint Tagging Mechanism (JTM) within three parliamentary working days.
-
Bills passed by Houses - to be submitted to President for assent
(1) Bills passed by National Council of Provinces on 26 October
2004:
(i) National Environmental Management: Air Quality Bill [B 62D
- 2003] (National Council of Provinces - sec 76(2))
(ii) National Environmental Management: Protected Areas
Amendment Bill [B 2B - 2004] (National Council of Provinces -
sec 75)
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Finance (a) Medium Term Budget Policy Statement 2004 [RP 201-2004]. Referred to the Joint Budget Committee and the Portfolio Committee on Finance for consideration in accordance with their respective mandates.
(b) Adjustments Appropriation Bill, 2004 [RP 21-2004].
Referred to the Portfolio Committee on Finance for consideration
and report.
(c) Revenue Laws Amendment Bill, 2004 [RP 22-2004]
Referred to the Portfolio Committee on Finance for consideration
and report.
(d) Adjusted Estimates of National Expenditure 2004 [RP 202-2004],
which includes:
1. Memorandum on Vote No 1 - "The Presidency", Adjustments
Estimates, 2004-2005;
2. Memorandum on Vote No 2 - "Parliament", Adjustments Estimates,
2004-2005;
3. Memorandum on Vote No 3 - "Foreign Affairs", Adjustments
Estimates, 2004-2005;
4. Memorandum on Vote No 4 - "Home Affairs", Adjustments
Estimates, 2004-2005;
5. Memorandum on Vote No 5 - "Provincial and Local Government",
Adjustments Estimates, 2004-2005;
6. Memorandum on Vote No 6 - "Public Works", Adjustments
Estimates, 2004-2005;
7. Memorandum on Vote No 7 - "Government Communications and
Information System", Adjustments Estimates, 2004-2005;
8. Memorandum on Vote No 8 - "National Treasury", Adjustments
Estimates, 2004-2005;
9. Memorandum on Vote No 9 - "Public Enterprises", Adjustments
Estimates, 2004-2005;
10. Memorandum on Vote No 10 - "Public Service and
Administration", Adjustments Estimates, 2004-2005;
11. Memorandum on Vote No 11 - "Public Service Commission",
Adjustments Estimates, 2004-2005;
12. Memorandum on Vote No 12 - "South African Management
Development Institute", Adjustments Estimates, 2004-2005;
13. Memorandum on Vote No 13 - "Statistics South Africa",
Adjustments Estimates, 2004-2005;
14. Memorandum on Vote No 14 - "Arts and Culture", Adjustments
Estimates, 2004-2005;
15. Memorandum on Vote No 15 - "Education", Adjustments
Estimates, 2004-2005;
16. Memorandum on Vote No 16 - "Health", Adjustments
Estimates, 2004-2005;
17. Memorandum on Vote No 17 - "Labour", Adjustments
Estimates, 2004-2005;
18. Memorandum on Vote No 18 - "Science and Technology",
Adjustments Estimates, 2004-2005;
19. Memorandum on Vote No 19 - "Social Development",
Adjustments Estimates, 2004-2005;
20. Memorandum on Vote No 20 - "Sport and Recreation",
Adjustments Estimates, 2004-2005;
21. Memorandum on Vote No 21 - "Correctional Services",
Adjustments Estimates, 2004-2005;
22. Memorandum on Vote No 22 - "Defence", Adjustments
Estimates, 2004-2005;
23. Memorandum on Vote No 23 - "Independent Complaints
Directorate", Adjustments Estimates, 2004-2005;
24. Memorandum on Vote No 24 - "Justice and Constitutional
Development", Adjustments Estimates, 2004-2005;
25. Memorandum on Vote No 25 - "Safety and Security",
Adjustments Estimates, 2004-2005;
26. Memorandum on Vote No 26 - "Agriculture", Adjustments
Estimates, 2004-2005;
27. Memorandum on Vote No 27 - "Communications", Adjustments
Estimates, 2004-2005;
28. Memorandum on Vote No 28 - "Environmental Affairs and
Tourism", Adjustments Estimates, 2004-2005;
29. Memorandum on Vote No 29 - "Housing", Adjustments
Estimates, 2004-2005;
30. Memorandum on Vote No 30 - "Land Affairs", Adjustments
Estimates, 2004-2005;
31. Memorandum on Vote No 31 - "Minerals and Energy",
Adjustments Estimates, 2004-2005;
32. Memorandum on Vote No 32 - "Trade and Industry",
Adjustments Estimates, 2004-2005;
33. Memorandum on Vote No 33 - "Transport", Adjustments
Estimates, 2004-2005;
34. Memorandum on Vote No 34 - "Water Affairs and Forestry",
Adjustments Estimates, 2004-2005;
Referred to the Portfolio Committee on Finance for consideration
and report.
- The Minist
-
er of Public Enterprises Report and Financial Statements of Arivia.kom for 2003-2004, including the Report of the Independent Auditors on the Financial Statements for 2003-2004.
- The Minister of Trade and Industry Report and Financial Statements of Vote 32 - Department of Trade and Industry for 2003-2004, including the Report of the Auditor-General on the Financial Statements of Vote 32 for 2003-2004 [RP 110-2004].
COMMITTEE REPORTS
National Council of Provinces
-
Report of the Select Committee on Social Services on the Choice on Termination of Pregnancy Amendment Bill [B 72B - 2003] (National Assembly - sec 76), dated 26 October 2004:
The Select Committee on Social Services, having considered the subject of the Choice on Termination of Pregnancy Amendment Bill [B 72B - 2003] (National Assembly - sec 76), referred to it, reports the Bill with an amendment [B 72C - 2003].
-
Report of the Select Committee on Social Services on the Sterilisation Amendment Bill [B 12 - 2004] (National Council of Provinces - sec 76), dated 26 October 2004:
The Select Committee on Social Services, having considered the subject of the Sterilisation Amendment Bill [B 12 - 2004] (National Council of Provinces - sec 76), referred to it, reports the Bill with amendments [B 12A - 2004].