National Assembly - 29 August 2006
TUESDAY, 29 AUGUST 2006
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PROCEEDINGS OF THE NATIONAL ASSEMBLY
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The House met at 14:04.
The Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
NEW MEMBER
(Announcement)
The Speaker announced that the vacancy caused by the vacation of a seat in the National Assembly by Rev M S Khumalo, had been filled by the nomination of Ms M F Tlake, with effect from 24 July 2006.
OATH
Ms Tlake, accompanied by Ms E Ngaleka and Mr P D N Maloyi, made and subscribed the oath, and took her seat.
NOTICES OF MOTION
The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, I hereby give notice that I intend moving a motion in the National Assembly as follows:
That this House expresses its dismay at the fact that the Speaker, hon
Baleka Mbete, made a public spectacle of herself outside Pollsmoor
Prison while demonstrating her support for the convicted fraudster, Mr
Tony Yengeni.
Instead of choosing to uphold the dignity and the importance of
Parliament as the representative body of all our people, the Speaker
chose to put her personal and party friendships before duty.
In so doing, she diminished Parliament and the Office of the Speaker,
because she signalled that Mr Yengeni’s defrauding of the public, his
failure to comply with his parliamentary duties and obligations, his
abuse of the courtesy extended to him by the previous Speaker to make a
public statement in the House, and his untruthful and misleading
statements, both in Parliament and outside, were condoned by her
presence.
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I hereby give notice that on the next sitting day of the House I shall move: That the House discusses the values of ubuntu - what ubuntu means, particularly in terms of supporting people that you know when they are having difficult times.
Mr M J ELLIS: Madam Speaker, was that a motion without notice?
The SPEAKER: It was a notice of motion.
Mr M J ELLIS: It was just a notice of motion. I thank you.
AD HOC COMMITTEE ON OPERATIONAL PROBLEMS IN THE OFFICE OF THE PUBLIC
PROTECTOR
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move the draft resolution printed in my name on the Order Paper as follows:
That the House extends the deadline by which the Ad Hoc Committee on
Operational Problems in the Office of the Public Protector must report
to the House, from 25 August 2006 to Friday, 8 September 2006.
Agreed to.
EDUCATION REGULATIONS
(Member’s Statement)
Njing S M MAYATULA (ANC): Somlomo, lo ngumpoposho ngobundlobongela ezikolweni. Umbutho wesizwe iANC ibuthathela ingqalelo ubundlobongela noburhalarhume kwizikolo zeli, ngakumbi eGauteng nalapha eNtshona Koloni. Oofunzeweni nemigulukudu banyanzela abantwana bethu ngeziyobisi, nangemipu ukuzama ukukhulisa amashishini abo nokwandisa ubukrelemnqa.
USekela-Mphathiswa weZemfundo, uqabane uEnver Surty, waye wabhengeza, waze wapapasha imiqathango eya kuthi inike igunya lokuba kwenziwe ugqogqo kungabhungiswanga. Olo gqogqo luya kwenziwa kuhlonitshwe uMgaqo-siseko weli lizwe. Thina, singamalungu ombutho wesizwe iANC siya kuthi gqolo sisebenza nabantu ekulweni ubundlobongela nokuzisa inkqubela ebantwini. Kungoko sibongoza abantu bakuthi ukuba bathathe inxaxheba kwimfundo yabantwana bethu. Ndiyabulela. [Kwaqhwatywa.] (Translation of isiXhosa member’s statement follows.)
[Prof S M MAYATULA (ANC): Speaker, this is a declaration about crime in schools. The ANC is taking crime and violence in schools into consideration, especially in Gauteng and in the Western Cape. The gangsters and thugs are forcing our children into drugs and firearms as a way of expanding their business and increasing gangsterism.
The Deputy Minister of Education, Comrade Enver Surty, once announced measures that would give the authority to carry out a search without any warning. The search would be carried out with due regard to the national Constitution. We, as members of the ANC, will continuously co-operate with people in fighting against crime and bringing development to people. That is why we urge our people to take part in the education of our children. I thank you. [Applause.]]
FAILURE TO OBEY COURT ORDERS
(Member’s Statement)
Mrs S M CAMERER (DA): Madam Speaker, Judge Chris Nicholson has warned that government’s continued disdain for court orders could lead to a constitutional crisis. The DA commends him for his comments, in particular the statement that government’s attitude is undermining the Constitution and its cornerstone, the separation of powers.
Even orders made by the Constitutional Court get snubbed or, at best, a delayed response from government. Just think back to the orders on the roll- out of ARVs and the provision of housing to Irene Grootboom and the people of Wallacedene. In June, KwaZulu-Natal Judge Thumba Pillay ordered the immediate supply of ARVs to prisoners at Westville prison. Shockingly, Minister Balfour and his officials thumbed their noses at the learned judge and failed to do this.
Judge Nicholson correctly stated that if it was government collectively which ordered Correctional Services not to comply, then we have a crisis. If the Ministers of Health and Correctional Services are to blame, they should be disciplined for their delinquency. If the State Liability Act is a problem as regards holding them accountable properly, then it should be amended. This Act is unconstitutional and it should be urgently brought to Parliament for amendment. I thank you.
EARLY WARNINGS REGARDING POTENTIAL INTERNATIONAL CONFLICTS
(Member’s Statement)
Mr M B SKOSANA (IFP): Madam Speaker, South Africa should seriously note the growing and disturbing tendency on the part of the powerful and rich nations of the world to obviate the necessary attention from the early warnings of potential international conflicts.
Because most of the post-world war conflicts around the world turned out to be economic and resource wars, the pre- and postwar economic benefits are pitched above social, moral and political considerations. It was not accidental that the Marshall Plan, the Truman doctrine if you like, gave the US a handsome economic and military footing in postwar Europe. The postwar reconstruction contemplated for Lebanon and Israel evokes images of international conflicts allowed to manifest so as to feed the economies of the developed countries.
The donor conference scheduled for 31 August 2006 is ample demonstration of the determinant influence of the perceived spoils on actual conflicts. In the Middle East the attitude of Hamas after its election victory, and the Israelis’ unilateral determination of borders under dispute were early warnings. The UN and EU sanctions against Hamas were also early warnings where the billions of dollars now pledged by some Arab states for the reconstruction of Lebanon could have been deployed to relieve the impact of sanctions on the Palestine people then. The persistent remonstration between Iran and the UN Security Council regarding nuclear energy is yet another early warning. I thank you.
PERFORMANCE OF THE ECONOMY
(Member’s Statement)
Ms J L FUBBS (ANC): Madam Speaker, the SA Reserve Bank held its 86th ordinary general meeting on 23 August 2006. In this meeting the Governor of the Reserve Bank tabled the annual economic report of 2006.
This report, like previous reports, provides us with extensive information about the performance of the economy, placing it within the international setting. The report indicates that we are indeed making steady progress towards the achievement of our objectives. According to the report, I quote, “South Africa recorded a real growth rate of almost 5% in the 2005 period.” This has been the strongest, I may add, since 1984.
This improvement of the running of our economy has further bolstered the recognition we got from two international credit rating agencies that upgraded the country’s sovereign debt rating from BBB to BBB+. Indeed the ANC is heartened by the good news and respect of our economy as reported by the Reserve Bank.
The report is indeed an inspiring story of yet another successful year in the 12-year history in democratic South Africa. This is further confirmation that our country is on course to realise the goal of a better life for all. I thank you. [Applause.]
ELECTION VICTORY BY FF PLUS YOUTH MOVEMENT
(Member’s Statement)
Dr P W A MULDER (VF Plus): Mevrou die Speaker, die VF Plus-studentejeug het vanjaar aan die verkiesing van die studenteraad van die Universiteit van die Vrystaat deelgeneem. Die VF Plus-studentejeug het ’n rekordoorwinning in die verkiesing behaal.
Van die 18 portefeuljes op die studenteraad het die VF Plus Kovsies 15 verower teenoor die ANC-jeug-Sasco se drie. Dit bring die uitslag op 84 in die guns van die VF Plus te staan. In die studenteparlement het die VF Plus 25 van die 40 setels verower met 10 aan die ANC-jeug-Sasco en een aan die Kovsie-alliansie.
Wat hierdie oorwinnings so merkwaardig maak, is die feit dat die VF Plus- jeug vanjaar die eerste keer aan die studenteraadsverkiesing van die Universiteit van die Vrystaat deelgeneem het. Die afgelope nege jaar reeds wen die VF Plus-jeug elke jaar die studenteraadsverkiesings by die Universiteit van Pretoria teen die ANC-jeug-Sasco en die DA. Die uitslae van hierdie verkiesing sê iets van die Afrikaanse jeug. Daar moet verder onthou word dat al hierdie jongmense die eerste keer skool toe gegaan het nadat mnr Mandela reeds vrygelaat was.
Deurlopende druk op die Afrikaanse taal asook regstellende optrede sonder ’n afsnypunt raak die Afrikanerjeug meer as baie ander groepe. Die oorweldigende verkiesingsuitslag stuur daarom ’n boodskap van die jeug aan die regering dat hulle hierdie maatreëls as diskriminerend en onderdrukkend ervaar. Dis ironies dat hierdie jongmense gestraf word vir ’n verlede waaraan hulle nie deel gehad het nie. Ek dank u. (Translation of Afrikaans member’s statement follows.)
[Dr P W A MULDER (FF Plus): Madam Speaker, the FF Plus Youth Movement participated this year in the election of the student council of the University of the Free State. The FF Plus Youth Movement achieved a record victory in the election.
The FF Plus Kovsies won 15 of the 18 seats on the student council as opposed to the three of the ANC Youth Sasco. This brings the result to 84 in favour of the FF Plus. The FF Plus won 25 of the 40 seats in the student parliament with 10 seats going to the ANC Youth Sasco and one to the Kovsie Alliance.
What makes these victories so remarkable is the fact that the FF Plus Youth Movement participated in the student council elections of the University of the Free State for the first time this year. The FF Plus Youth Movement has, for the past nine years now, won the student elections at the University of Pretoria every year against the ANC Youth Sasco and the DA. The result of this election says something about the Afrikaans youth. It must further be remembered that all these young people attended school for the first time after Mr Mandela had already been released.
Continuing pressure on the Afrikaans language as well as affirmative action without a cut-off point, affect the Afrikaner youth more than most other groups. The overwhelming election result therefore sends a message from the youth to the government that they are experiencing these measures as discriminatory and repressive. It is ironic that these young people are being punished for a past in which they played no part. I thank you.]
NEW HOUSING STRATEGY A SUCCESS
(Member’s Statement)
Mr G D SCHNEEMANN (ANC): Madam Speaker, in mid-2004 the Minister of Housing, Ms L Sisulu, announced the breaking new ground strategy. The new approach to building sustainable and vibrant suburbs formed part of the strategy, with all the necessary infrastructure and social amenities and not just houses.
One of the new human settlement pilot projects launched is Cosmos City, situated north of Johannesburg. The construction of this new suburb, which includes housing for low-income earners and bank-financed houses, started in 2005.
The first beneficiaries moved into their homes at the end of 2005. To date, just over 1 224 houses for low-income earners have been handed over to the beneficiaries from the communities of Zevenfontein and Riverband. Currently, two schools are at advanced stages of construction, three parks have been built, trees have been planted, roads have been tarred, street lights have been installed and a taxi rank is under construction.
Cosmos City is proving to be a major success with prospective homeowners, with all the bank-financed homes having been sold in the first phase. The demand has exceeded expectations despite the fact that there are homes for low-income earners within the same development. This has put paid to the theory that both rich and poor cannot live in the same suburb.
In 2005 Cosmos City and the developer, Codefco, were named project and developer of the year by the Institute for Housing In South Africa. All the role-players involved in helping to make Cosmos City a reality need to be congratulated on a job well done so far. New ground has been broken in the delivery of housing and we will look more forward to more examples of Cosmos City being constructed around the country. I thank you. [Applause.]
ESCALATING CRIME RATE IN SOUTH AFRICA
(Member’s Statement)
Mr P H K DITSHETELO (UCDP): Madam Speaker, we have to acknowledge that crime is a major headache for the SA Police Service and other security agencies. The bottom line is that no matter how hard we try to present a bold face to the outside world that crime is under control, we are lying to ourselves. What needs to be done is to get to the source of the problem. The problem is certainly not lack of resources but how these resources are deployed and managed.
Our country has quickly slipped into the top spot among countries in the world that are experiencing violent murders, as reported. We have to integrate crime prevention and crime-fighting strategies with other programmes that are aimed at improving the lives of our people. We are supposed to enjoy our democracy in a free and safe environment, but instead we have become crime slaves in our own country.
We need to interrogate ourselves as to why most international crime syndicates are moving their headquarters to our country. It is because we have laws that are not effective to deter them from using this country for their criminal activities.
Another added dimension to our problem are the porous borders that encourage criminals to enter and leave the country at will. We wish these people could be stopped from robbing our people, and stopped from terrorising and killing them and then leaving the country. [Applause.]
CEASEFIRE AGREEMENT BETWEEN UGANDAN GOVERNMENT AND THE LRA
(Member’s Statement) Mr P J NEFOLOVHODWE (Azapo): Madam Speaker, Azapo welcomes the peace agreement between the Ugandan government and the Lord’s Resistance Army. The violence and destruction of community life in northern Uganda that is the result of the struggle between government forces and the LRA has raised profound questions about the legality and morality of armed conflicts involving death and injury to civilians and the destruction of community life.
Thus the greatest challenge facing African leaders and those in Uganda in particular, is to consolidate what has been achieved and increase the chance of lasting peace for the people of Uganda and those of Africa in general.
Azapo, therefore, appeals to the Ugandan government, the international community, as well as the LRA to forge ahead with the ceasefire agreed upon and proceed to negotiate on the remaining steps so that lasting peace can be achieved. In doing so they will be fulfilling Africa’s quest for unity, peace and stability.
Azapo believes that if we are to improve the lives of the poor in Africa, we have to work for peace and stability as a prerequisite for economic development. The peace agreement is another milestone in this direction and it demonstrates that the leaders and the people of Africa are ready and willing to give peace and stability a chance.
Azapo understands that the road ahead is rough, but it is one that Africa must travel. I thank you. [Applause.]
COLLAPSE OF KAAIMANS RIVER PASS ON THE N2
(Member’s Statement)
Mr S B FARROW (DA): Madam Speaker, the collapse of the Kaaimans River Pass on the N2 will have serious ramifications for tourism and commerce along this famous stretch of the Garden Route. Coaches and heavy vehicles will now be forced to use alternative routes passing Uniondale, turning what would be an 11-kilometre journey into one of more than 400 kilometres.
The DA welcomes the involvement of Eden Municipality’s disaster management in dealing with the matter in conjunction with Sanral and other important role-players. However, more needs to be done and the DA now calls on the President to declare the affected area a national disaster. We further ask that urgent funding must flow into the area to maintain the alternate route through the Saasveld Road and Wilderness Heights and for any urgent road and civil works necessary to save the badly affected Kaaimans River Pass section.
In the interim, the continued single-traffic access along this road must continue to operate, but only once its safety has been approved by the engineers. Urgent assistance must now be given to providing additional manpower to the overworked traffic officials and emergency services personnel who have battled to cope with the traffic regulations since the floods started some three weeks ago.
We also call for an information desk to be created to liaise and communicate with the public, tourists and freighters utilising the road, and in particular the alternate routes available to them, and on a regular basis keep them appraised as the situation develops.
Finally, the DA further wishes to thank all those persons who have worked tirelessly in coping with this disaster during these last three weeks. I thank you. [Applause.]
GOLDEN HANDSHAKE - STELLENBOSCH MUNICIPALITY
(Member’s Statement)
Ms C M P RAMOTSAMAI (ANC): Madam Speaker, the Western Cape MEC of Local Government has requested the Speaker of the Stellenbosch municipal council to investigate the conduct of the DA Mayor of Stellenbosch, in view of indications that the mayor did not perform her functions of good faith in office honestly and in a transparent manner, in terms of the code of conduct for councillors.
This follows the DA’s irregular golden handshake agreement with the former municipal manager of Stellenbosch and the DA’s Mayor’s communication to the MEC in this regard that was described by him as “less than honest”.
This golden handshake has also been described by the chief financial officer of Stellenbosch as “unauthorised, irregular, fruitless and wasteful expenditure”. The DA’s Mayor of Cape Town is on record as saying golden handshakes are contrary to DA policy.
The DA wanted the council to discuss this golden handshake agreement in secret. Why? This flies in the face of their facade of being open and transparent. They were forced by the ANC to deal with this matter at an open council meeting. Stellenbosch still has no municipal manager and the new one appointed by the DA refused to take up office.
Is it not time that the DA stopped this irregular conduct and wastage of public money in Stellenbosch? DA leaders must answer this question honestly. I thank you. [Applause.]
Moulana M R SAYEDALI-SHAH: He is the ANC municipal manager. You have to get rid of him.
The SPEAKER: Hon member, could you give an opportunity to hon Ndlovu to make a statement?
SOMALI COMMUNITY IN THE WESTERN CAPE LIVING IN FEAR
(Member’s Statement)
Mr V B NDLOVU (IFP): Ngiyabonga Somlomo. [Thank you, Madam Speaker.]
The Somali community in the Western Cape is living in fear after yet another one of its members was murdered last Friday. In August alone Somalis were shot dead in Delft, Stellenbosch, Belhar, Mitchells Plain, Khayelitsha, Mfuleni and Mossel Bay. The community believes this to be the 27th murder of a Somali this month. It is also alleged that no arrests have been made in any of these cases. If this is true, it is unacceptable. It seems as if members of this community are being targeted.
The SA Police Service as well as the other relevant authorities should work closely with the community in order to bring the perpetrators of these crimes to book and try and determine the reason behind these murders so that they can be stopped.
We cannot sit idle as more and more people are murdered. Crime is rampant in all parts of South Africa and affects all communities. The members of the SAPS have a duty to take all crime seriously, regardless of where a person lives or what their social status is.
We therefore urge the relevant authorities to do their utmost to solve these crimes and ease the fears of this vulnerable community. I thank you.
CONFERENCE ON WOMEN’S PARTICIPATION IN SPORT AND RECREATION
(Member’s Statement)
Mnr L R R REID (ANC): Speaker, op Vrydag, 11 Augustus 2006, het ’n groot aantal vroue van regoor Suid-Afrika die konferensie oor vroue in sport by die Sandton-konferensiesentrum in Gauteng bygewoon.
Die konferensie is gereël deur die Departement van Sport en Ontspanning en het vroue betrokke by sport, beide as deelnemers en administrateurs, byeengebring om te besin oor kwessies soos borgskappe, leierskap, kulturele diversiteit en gelykheid. Ná afloop van die besprekings is resolusies aanvaar wat onder meer voorsiening maak dat ’n groter persentasie van die Lotto-toekennings vir sportprojekte aangewend word waarby vroue en kinders betrokke is.
’n Beroep is voorts gedoen op voormalige sportpersoonlikhede om hulle beskikbaar te stel om gemeenskapsport te bevorder en as rolmodelle vir ons jeug op te tree. Een van die resolusies wat aanvaar is, beklemtoon die sleutelrol wat vroue in alle sportliggame vervul en die belangrikheid dat vrouesport as volwaardige sport beskou moet word. Die ANC steun die resolusies van die kongres en doen ’n beroep op sportfederasies om vrouesport as ‘n integrale deel van sportprogramme te beskou. Gelykheid in sport sal slegs bereik word wanneer vroue hulle regmatige plek in alle fasette van ons samelewing kan inneem. Dankie. [Applous.] (Translation of Afrikaans member’s statement follows.)
[Mr L R R REID (ANC): Speaker, on Friday, 11 August 2006, a large number of women from across South Africa attended the conference on women in sport at the Sandton conference centre in Gauteng.
The conference was arranged by the Department of Sport and Recreation and brought together women who are involved in sport, both as participants and administrators, to reflect on issues such as sponsorships, leadership, cultural diversity and equality. After the conclusion of the discussions resolutions were adopted that, among other things, made provision for a greater percentage of the Lotto allocations to be utilised for sports projects in which women and children are involved.
Furthermore, an appeal was made to former sports celebrities to make themselves available to promote community sport and to act as role models for our youth. One of the resolutions that was adopted, emphasised the key role that women play in all sports bodies and the importance of women’s sport being seen as of equal value.
The ANC supports the resolutions of the congress and appeals to sports federations to view women’s sport as an integral part of sports programmes. Equality in sport will only be achieved when women can take their rightful place in all facets of our society. Thank you. [Applause.]]
FINANCIAL MANAGEMENT IN GOVERNMENT DEPARTMENTS
(Member’s Statement)
Mr E W TRENT (DA): Madam Speaker, the ANC’s financial management of public money is a disgrace. Out of the 34 annual audits conducted by the Auditor- General in respect of government departments and entities in 2004-05 the DA has established the following: Only two departments received clean reports, while seven departments received qualified or disclaimed opinions, and the Auditor-General highlighted countless matters of emphasis for both departments and entities alike.
Significantly, three departments, Defence, Correctional Services and Home Affairs have received qualified audits for the past three years. I see the hon Minister lifting his head when I say that. All 2005-06 annual reports are now due to be tabled during September. If any department receives a qualified audit this year, there should be consequences for the people in charge of the financial administration thereof. If a department receives three qualified opinions, we believe the director- general and the Minister should be removed from office. Increasingly, the ANC refuses to take responsibility for its shortcomings. Accountability is the cornerstone of democracy. Until the ANC learns that failure must be met with consequences, its financial administration will continue to be shameful.
Whilst, in terms of the Public Finance Management Act, the director- general is the accounting officer, increasingly many of these accounting officers only remain at their departments for short periods of time and blame their predecessors for the failures of those departments.
I believe it is about time now that the Ministers in charge of those departments must, in the final analysis, take responsibility for their poor financial management of their departments. Thank you.
INTERNATIONAL TRADE
(Member’s Statement)
Mrs B M NTULI (ANC): Madam Speaker, the New Partnership for Africa’s Development represents a commitment by the people of Africa to place the continent on a path of sustainable economic growth and development. An international trade fair was recently held in Angola. Such initiatives contribute to strengthening co-operation among the countries of the southern region. A number of South African companies participated in the Feira Internacional de Angola, Filda.
As a result of attending the trade fair, these companies have secured several lucrative contracts. The volume of trade that is normally conducted through these trade fairs is more than US$300 million.
Amongst other things, the event provided local companies with the opportunity to showcase their products and services to an international audience of over 80 000 people. The ANC urges other South African companies to emulate this example and find ways of deepening economic integration on the continent. I thank you. [Applause.]
The SPEAKER: Is the UDM back in the House, or could they have changed their minds about making a statement? If not, I will again call upon the ANC.
GENDER EQUALITY IN TRANSPORT
(Member’s Statement)
Ms M V MERUTI (ANC): Madam Speaker, the ANC-led government works tirelessly to translate its commitment to nonsexism into practice through various government policies and programmes to ensure the progressive realisation of gender equality and women’s emancipation. As we speak, the Department of Transport, together with the SA National Roads Agency Limited, and the gender development unit of the Human Sciences Research Council, are co- hosting the first international African transport conference on gender.
That conference started on Sunday, 27 August, and lasts until tomorrow, 30 August 2006. The aim of the conference is to contribute to and strengthen the dialogue between countries, disciplines and traditions through the dissemination and presentation of findings of recent research, especially studies that focus on women’s travel needs, experiences and constraints in developing countries.
The theme of the conference is: “Bridging the divide between development goals, research and policy in developing countries”. We salute the ANC-led government on its ongoing commitment to the struggle for the emancipation of women. Malibongwe! [Praise!]
HON MEMBERS: Igama lamakhosikazi! [The name of women!]
COLLAPSE OF KAAIMANS RIVER PASS ON THE N2
(Minister’s Response) The MINISTER OF PUBLIC WORKS: Madam Speaker, hon members, I want to respond to the statement made by the hon Farrow. Indeed, one appreciates the way the municipality and the province have acted swiftly after the disaster in Knysna. This indicates that the institutions that we have been building over the years on how we can respond to such issues when they occur are indeed taking root.
But I also want to indicate that with regard to the declaration of a disaster, there are processes that have to be followed before the President can declare a disaster. I hope that both the municipality and the province will do what is necessary to ensure that if there is any requirement for national assistance they will follow those procedures.
Secondly, with regard to matters of operation such as the call centres or the help desk, one would again hope that the municipality or the province will be best located to deal with that matter. Thank you very much, Madam Speaker.
EDUCATION REGULATIONS ELECTION VICTORY BY FF PLUS
YOUTH MOVEMENT
FAILURE TO OBEY COURT ORDERS
(Minister’s Response)
The MINISTER OF EDUCATION: Madam Speaker, in response to the first statement by the Chairperson of the Portfolio Committee on Education, I would like to confirm that the government certainly seeks the support of all members in both Houses as well as the community in addressing the challenge of drugs in schools.
I think the Deputy Minister has indicated more than once our intention to amend legislation in order to provide for more stringent measures in schools to confront this problem of drugs in our schools, and we will certainly welcome all members assisting us, particularly in those areas that have been identified as the most vulnerable in confronting this problem of drugs and other forms of abuse in our schooling system.
I would like then, with respect Madam Speaker, to respond to the statement made by the FF Plus. We are not surprised that the only support the FF Plus can find is from among those who are not yet voting. We certainly don’t believe the time will come when they’ll have this measure of support in a national, provincial or local government election. They will remain as devoid of an opportunity to persuade the majority as they do at the moment.
What we would ask them to do, whilst they are celebrating the achievement of their youth wing on the two campuses in the country that they referred to, namely Free State University and the University of Pretoria, is to exert maximum effort to ensure that these student leaders who belong to their party strengthen their efforts at building diversity and unity among students of all race groups on the campuses. That we will admire. I hope the FF Plus leadership will work to assist us in that regard. [Interjections.]
Dr C P MULDER: [Inaudible.]
The MINISTER OF EDUCATION: Ek kan nie hoor wat jy sê nie, maar ons sal later praat. [Tussenwerpsels.] Nee, ek praat nou. I cannot hear what you are saying, but we will talk later. [Interjections.] No, I am talking now.]
You made your statement and it’s my turn now.
Finally, Madam Speaker, I think the issues referred to by the judge in KwaZulu-Natal that the hon member from the DA referred to have already been responded to by the departments that were mentioned and they have indicated that it is government’s intention and proven action that we respect the rulings of the courts of South Africa and act where we can and where the rulings make action possible we act to implement as necessary.
The current programme of government with respect to treatment of HIV/Aids is certainly going to be implemented as required and within the treatment programme and framework.
Finally, I think it will be important for hon members to also assert that separation of powers doesn’t require merely respect for one arm of governance. It is all arms working together that respect and recognise separation of powers. Thank you, Madam Speaker. [Applause.]
CONFERENCE ON WOMEN’S PARTICIPATION IN SPORT AND RECREATION
ELECTION VICTORY BY FF PLUS YOUTH MOVEMENT
(Minister’s Response)
Die ADJUNKMINISTER VAN SPORT EN ONTSPANNING: Mevrou die Speaker, vir die agb mnr Reid en die portefeuljekomitee wat ons konferensie ondersteun het, sê ons baie dankie. Dit was ons poging om ’n bydrae tot die land se vieringe van Vrouedag te lewer.
Mag ek net ’n opmerking maak dat die Lotto-toekenning in totaal vir sportdeelname in hierdie land verhoog moet word. Dit moenie net vir een segment verhoog word nie. Ons as department is oortuig daarvan dat die hele toekenning van Lotto herbekyk moet word om aan sport ’n beter bydrae te gee.
Ons is egter bekommerd oor die vlakke van deelname van vroue aan sport in hierdie land. ’n Onlangse studie het vir ons getoon dat slegs 11% van die vroue in die land aan sport deelneem en ons hoop om deur ons massadeelnameprogram Siyadlala en ook ons skolesportprogram daarin te slaag om ’n blywende kultuur van aktiewe lewe by alle vroue en alle landsburgers in Suid-Afrika te bevorder. Die agb Dr Mulder van die VF Plus het groot gewag gemaak van die verkiesingsuitslae op kampusse. Ek woon in Pretoria. Ek weet wat die stempersentasie in Pretoria is. Maar ek weet ook ongelukkig wat die boodskap is wat uitgedra word in daardie studenteraadverskiesing.
Ek wil nou vir die VF Plus sê ons is almal verantwoordelike, positiewe Suid- Afrikaners. Die vraag is: wat is die boodskap wat u aan die Afrikaner en die Afrikaanssprekende jeug uitdra? Vertel u vir hulle dat ons almal Suid- Afrikaners is en as Afrikane ons deel moet bydra in die land? Of vertel u vir hulle – wat ek hoor, en Saterdag gesien het by Loftus – daar word teen jou gediskrimineer en jy het nie die reg om daar te kom nie?
Ek vra hierdie vraag, want Saterdag gaan ek Loftus toe en ek kry twee betogings. Die een groep, gelei deur die VF Plus, betoog omdat die regering sogenaamd inmeng in sport. Niks kan verder van die waarheid wees as dit nie. Die ander deelname is juis ’n betoging om te sê die regering moet kom met transformasieplanne in sport. Twee totale teenstrydighede!
Die punt is, weet die VF Plus wat transformasie beteken? Verstaan u dat transformasie beteken dat die Afrikaanssprekende skoolhoofde wat tot nou toe sê sokker is ’n Engelsman se spel, nie langer daarmee gaan wegkom nie? Sokker moet deur middel van transformasie ook vir Afrikaanssprekende kinders in Afrikaanse skole beskikbaar gestel word. [Tussenwerpsels.] Die vraag gaan wees: kan ons dan u ondersteuning kry?
Met ander woorde, dis maklik om hier op te staan en gewag te maak van ’n oorwinninkie hier en ’n oorwinninkie daar. Die oorwinning moet oor ’n breë front wees in Suid-Afrika. En ek hoop die VF Plus sal meer positief raak en ons help om daardie oorwinning ook by die Afrikaanse jeug oor ’n breë front in die land te kry. Baie dankie. [Applous.] (Translation of Afrikaans minister’s response follows.)
[The DEPUTY MINISTER OF SPORT AND RECREATION: Madam Speaker, we say thank you to hon Mr Reid and the portfolio committee that supported our conference. It was our attempt at making a contribution towards our country’s Women’s Day celebrations.
May I just remark that the total Lotto allocation for participation in sport in this country should be increased? It should not be increased for one segment only. We as a department are convinced that the whole Lotto allocation should be reviewed to give a better contribution to sport.
We are, however, concerned about the levels of women’s participation in sport in this country. A recent study showed us that only 11% of women in this country participate in sport, and we hope that through our mass participation programme Siyadlala as well as our school sports programme we will succeed in promoting a lasting culture of an active lifestyle among all women and citizens in South Africa.
The hon Dr Mulder of the FF Plus made a big fuss about the election results on campuses. I reside in Pretoria. I know what the voting percentage is in Pretoria. But, I unfortunately also know the message that is conveyed in those student council elections.
I now want tell the FF Plus: We are all responsible, positive South Africans. The question is: What is the message that you are conveying to the Afrikaner and the Afrikaans-speaking youth? Do you tell them that we are all South Africans and as Africans we must all contribute our share to this country? Or do you tell them – what I heard and saw at Loftus on Saturday - you are being discriminated against and you do not have the right to go there?
I ask this question, because on Saturday I went to Loftus and ran into two protests. One group, led by the FF Plus, protested because of the government’s so-called interference in sport. Nothing can be further from the truth than this. The other group was, indeed, protesting that the government must introduce transformation plans in sport. Two total contradictions!
The point is, does the FF Plus know what transformation means? Do you understand that transformation means that the Afrikaans-speaking principals that up to now have said that soccer is a game for Englishmen cannot get away with that any longer? Soccer must, through transformation, also become available to Afrikaans-speaking children in Afrikaans schools. [Interjections.] The question will be: Can we then get your support?
In other words, it is easy to stand up here and make a big fuss about a small victory here and a small victory there. The victory must be over a broad front in South Africa. And I hope that the FF Plus will become more positive and assist us in achieving this victory, with the Afrikaans- speaking youth, over a broad front in this country. Thank you. [Applause.]]
INTERNATIONAL TRADE
(Minister’s Response)
The DEPUTY MINISTER OF TRADE AND INDUSTRY: Madam Speaker, I just want to respond to the question by the hon Ntuli about the Feira Internacional de Angola and welcome the sentiments and assure her that the government and the Department of Trade and Industry in particular are very encouraged by the participation of South African businesses in events like this on the African continent.
I know that the hon member has long been the champion of small business and I want to remind her that the department not only supports this activity but also makes funds available, particularly for small businesses. So, may I suggest that if there are any small businesses in a constituency that she is aware of that are able to benefit from this she will be welcome to apply.
May I also just indicate that not only do we encourage participation but we also encourage South African firms to go a bit further and develop co- operative relationships with their counterparts in African countries that contribute to the development of the productive forces and to human development on the continent. Thank you very much, Madam Speaker. [Applause.]
NEW HOUSING STRATEGY A SUCCESS
(Minister’s Response)
The MINISTER OF HOUSING: Madam Speaker, I want to acknowledge the input made by the ANC on the issue of Cosmos City and its lessons for the integration of developments within housing.
For us to have the kind of society that we would like to see, to ensure that we can put paid to the separate development ethos of the past and encourage full integration in the places where we live, we need to embrace the new concept of human settlements, because through settlements we are able to provide the opportunity to have a real transformation of our societies. Unless we live with each other and learn from each other, we are unable to overcome our present prejudices; we are unable to forge a single culture; we are unable to have the kind of nation that we would like to see.
Indeed, Cosmos City is a shining example of what is possible. We not only have an integration of income groups but we are also able to provide the necessary amenities for our people that make the ideal of a decent life a reality.
I thank the hon member for his input and urge members to acquaint themselves with the changes that are occurring in this area, which are a promise for real fundamental changes in our society. I thank you, Madam Speaker. [Applause.]
The SPEAKER: I still have a slot for Ministerial responses, if there is any taker. Otherwise we move an to the next Order.
The hon Goniwe would have loved to take it but, of course, he has to wait his turn. [Laughter.]
PROHIBITION OF MERCENARY ACTIVITIES AND REGULATION OF CERTAIN ACTIVITIES IN COUNTRY OF ARMED CONFLICT BILL
(Second Reading debate)
The MINISTER OF DEFENCE: Thank you, Madam Speaker. Members of the House, in 1960 the Congo achieved its independence. This is one of Africa’s richest countries, but its riches have never served the people of the Congo, in all of the 46 years since then, because no sooner had the Congo achieved independence than the dogs of war, the mercenaries, were unleashed on that country.
In the Comores, the state was overthrown and disintegrated to the point of nullification. This was also achieved through the use of mercenaries.
In the closing stages of the struggle of the people of Namibia, the apartheid regime employed mercenaries from a number of surrounding countries, including 32 Battalion, to try and frustrate the search of the people of Namibia for democracy.
Mercenaries are the scourge of poor areas of the world, especially Africa. These are killers for hire. They rent out their skills to the highest bidder, regardless of the political agenda. Anybody that has money - be it an individual or a syndicate - can hire these human beings and turn them into killing machines, or cannon fodder, depending on the angle from which you look at it.
And some governments, not imbued with a human rights culture or tradition, bypass the political will of their own citizens by employing citizens of poorer countries and using them to achieve objectives not consistent with the constitutions of those countries. Mercenaries have directly impacted one way or another on conflicts all over our continent, tipping the political balance in favour of their paymasters and, in the process, subverting democracy and good governance in general.
In the present era, advances in military technology have resulted in an increase in the need for highly skilled military personnel. We have seen, over the last two decades, the emergence of a global trade in hired military services. This, combined with massive cuts in defence budgets and the demobilisation of excess personnel, has resulted in the privatisation of many sections of the defence function. Our country, having emerged from the conflict of apartheid, has been one of the major sufferers from this practice.
These private or military or security firms have now assumed greater roles in conflict areas, such as Iraq, in the guiding of installation, delivery of logistical supplies, provisioning of aircraft, provision of medical support and so on.
The expansion of this relatively new industry raises a range of concerns. A number of human rights abuses have been committed by some firms and in many instances their operations have led to a rise in internal tensions and sometimes even military coups in certain states. These firms, falling as they do outside the prescripts of government, are not regulated by international law, nor are they accountable to international bodies.
The potential for abuse is high and there must be serious concern that the industry’s position in the legal sphere remains ambiguous. Thus regulation at national level offers the hope of both superior legal definition and enforcement. The concern of this government is five-fold.
The first concern is of course that our own South African citizens in foreign armies could be involved in wars or conflicts, which is undesirable for South Africa to be in, for instance, where involvement is in contravention of international law or South African policy objectives.
The second concern is that the activities of South African citizens in private military companies and private security companies could undermine the Republic’s foreign policy objectives.
Thirdly, that the Republic’s armed forces, the South African National Defence Force, could be confronted by foreign forces, in which there are South African citizens. This possibility is not as remote as it might seem, more especially in peacekeeping operations.
Fourthly, that the activities of the South African security companies could damage the reputation of the country. Perceptions of South African policy will be affected and there is a great risk of misinterpretation. I draw the House’s attention in this regard, to the damage that executive outcomes had on the image of South Africa earlier on.
Fifthly, in some instances the South African government might have to intervene if the activities of any South African security company went awry. There is a factor involving circumstances of that nature, where we have to account for the safety of our own citizens, who lose their lives in these conflict situations.
Regulation, therefore, could have a number of positive spin-offs in that it may set standards for the industry and could help establish a respectable and vibrant industry. There is no reason why this industry, that provides essential services in the defence sector, should be associated with dark and sinister forces.
The Bill primarily focuses on five areas: Firstly, it focuses on mercenary activities. Clause 2 states that international laws such as the International Convention against the Recruitment, Use, Financing and Training of Mercenaries and the AU Convention for the Elimination of Mercenarism in Africa, recognise mercenarism as criminal and unlawful.
In line with these international instruments, clause 2 of the Bill imposes a complete ban on mercenary activity. The clause has an extraterritorial reach, in that it grants our courts jurisdiction over perpetrators of these activities irrespective of where the acts are committed. In certain instances, our courts will have jurisdiction over foreign citizens irrespective of where the acts were committed, where such acts have been committed against the Republic, its citizens or residents.
The second focus concerning the rendering of assistance and services in clause 3. This clause requires that companies or individuals obtain authorisation from the National Conventional Arms Control Committee for the rendering of military assistance and security services to a party, to an armed conflict or in a regulated country. Since the government issues permits for the export of military goods, it seems logical that it should also regulate the export of military services and security services, more especially in an area of armed conflict.
In this way the government would have an opportunity to consider the nature of the service to be rendered and the political and strategic context in which it is to be rendered. This approach is more flexible than an outright ban, and it recognises the right of citizens to choose their trade, occupation or profession.
Thirdly, there is the enlistment of South Africans in armed forces. This clause prohibits South African citizens from enlisting with any armed forces, other than the security services referred to in section 199 of the Constitution, unless they have been granted an authorisation by the National Conventional Arms Control Committee for such enlistment.
The clause further empowers the National Conventional Arms Control Committee to revoke this authorisation where the person takes part in an armed conflict and such participation is in conflict with the Republic’s obligation under international law, results in the infringement of human rights, endangers peace in a certain region or contributes to regional instability and so on, and we refer here to clause 9.
Fourthly, there is the issue of humanitarian assistance. Clause 5 requires South African humanitarian organisations to register with the National Conventional Arms Control Committee for the purposes of rendering humanitarian assistance. It is important to know that in this respect organisations are only required to be registered as opposed to obtaining authorisation for each operation. This is in recognition of South Africa’s obligations in terms of international law, to facilitate the passage or rendering of humanitarian assistance in order to alleviate the plight of civilians in an area of armed conflict.
Clause 13 also empowers the President to exempt the humanitarian aid organisations from the provisions of this clause in order not to delay the rendering of humanitarian assistance.
Fifthly, there is the issue of transitional provisions. This clause requires all South African citizens who are already enlisted with other armed forces to apply, within six months of the date of commencement of this Act, for authorisation by the National Conventional Arms Control Committee. Failure to apply and obtain authorisation under this provision, constitutes an offence. In this regard, it needs to be understood that the activities of the South African citizens who are already enlisted, will not immediately be criminalized upon the coming into effect of the Act.
Provisions of this nature are common practices in legislative drafting, more especially where there is a repeal of old legislation and it is necessary to migrate from one dispensation to the other. I thank you, Madam Speaker.
Ms T V TOBIAS: Madam Speaker, the introduction of this Bill is meant to comply with United Nations General Resolution 59/178 in pursuit of curtailing mercenary activities.
Section 198(b) of the Constitution of the Republic of South Africa reads thus:
The resolve to live in peace and harmony precludes any South African citizen from participating in armed conflict, nationally or internationally, except as provided for in terms of the Constitution or national legislation. The Constitution further elaborates that the political responsibility of defence lies in the hands of a Cabinet Minister, and that only the President, as head of the national executive, may deploy on the basis of the above.
Today we present to this august House the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Bill. Wide consultations through public hearings were conducted to allow role-players in the defence industry to make presentations, and the committee carefully considered the inputs. Further substantive discussions ensued and finally decisions were reached, generally on a consensus basis, as opposed to invoking the simple majority rule.
The Bill, as the Minister has indicated, repeals the Regulation of Foreign Military Assistance Act, which had shortcomings in terms of securing the prosecution of persons involved in mercenary activities. The Bill also seeks to give effect to the values contained in the Constitution and our international obligations.
The Regulation of Foreign Military Assistance Act lacked mechanisms to clearly define “armed conflict”. The Act was also silent on the enlistment of South African citizens in foreign armed forces and penalties were not clearly prescribed. Serious crimes had the option of fines, which were not a deterrent to rich offenders such as Mark Thatcher. The Bill will also realign with the National Conventional Arms Control Act. Lastly, the Bill, when enacted, will give powers to the President to proclaim an area as a regulated area.
The current international trend to commercialise security can pose a threat to states’ security. The August 2004 saga involving Mark Thatcher and company is a typical example of the danger of individuals whose intention is to line their pockets at the expense of national security and world peace.
Cedric de Coning, a research fellow at Accord and the Secretary-General of the UN Association of SA, in his comment on the Bill, writes, and I quote:
Once a situation is so insecure that UN agencies and other humanitarians may need to consider the level of protection offered by international private security companies, the likelihood of the use of lethal force will be great.
These words symbolise the fact that indeed the security of nationals and citizens of countries should lie solely with governments, and if the situation is such that consultancy is necessary, it therefore suggests that the government of that particular country is weak on safety, and that human rights cannot be guaranteed.
General concerns over the breach of some provisions, such as the regulation of humanitarian activities, exclusion of legitimate liberation struggles, enlistment, extraterritorial jurisdiction and transitional arrangements, became a central point of this Bill and were discussed thoroughly and exhaustively.
Before the new dispensation South Africa did not have a law that guided the enlistment of its nationals in foreign armed forces. This led to participation in great numbers by South African citizens and soldiers in different forces around the globe and was not carefully controlled and regulated.
Section 199 of the Constitution states that security services must be structured and regulated by national legislation, and failure in this regard can lead to serious embarrassment against the foreign policy of South Africa by these individuals and companies.
South Africa is also responsible for the activities of its citizens inside and outside of the borders of the Republic. No individual or organisation has a right to embarrass our state by way of participating in areas of armed conflict. It is also important that we avoid cases such as the recent saga of young South Africans fighting on the side of Israel against Lebanon, as this always leads to subjective emotional pleas from desperate parents begging our government to intervene.
We also need to educate our people to understand that the ANC-led government, through its legislation and policies, is not introducing apartheid in reverse. It is clear that fears still exist within certain sections of our society that are informed by the historical background of our country.
The painful abolition of a clause in the Bill that dealt with the definition of “national liberation struggle” by ANC MPs, which explained the ANC itself as still being liberation movement, is indicative of the fact that the ANC-led government is committed to the strategic objective of building a nonracial, nonsexist, democratic and prosperous country where all shall be equal before the law. Therefore, for the sake of building unity, a compromise was important.
During the deliberations it was also clear that issues of the national question and affirmative action found expression in a Bill that clearly seeks to prohibit mercenary activities. These matters need to be discussed on a platform different from the one surrounding the discussion of this Bill.
I also caution that we should not create a wedge in our society by creating the impression that the South African government, through this Bill, seeks to drive a particular racial group into the periphery. This malicious, petty politicking will cost us dearly as it will divide society along racial lines and reverse the gains of our democracy.
The discretionary powers of the National Conventional Arms Control Committee also came under scrutiny during our discussions. I need to put on record that the NCACC is a credible body comprising of senior politicians who are members of the national executive, with access to resources for the implementation of the Bill.
However, let me be quick in stating that it is also the duty of Parliament, through the portfolio committee, to monitor the effectiveness of the NCACC. Therefore, it is of paramount importance that the NCACC accounts to Parliament on its activities, on a regular basis, as stipulated in the Rules of this Parliament.
The portfolio committee also needs to take cognisance of such challenges as the following: The African Union needs to contextualise, through its peace- building commission, key policy positions on the question of outsourcing of military services; secondly, the AU needs to provide guidelines on the role of private military firms and private security companies in peacekeeping missions to avoid legal ambiguities; thirdly, the AU should provide early warning systems on the need to deploy Africa’s standby force and regional brigades for peacekeeping; fourthly, South Africa should also take the lead in facilitating discussions on the above-mentioned matters, for instance to engage on the role that the United States of America is playing in Iraq and elsewhere to perpetuate conflict.
It is also imperative to state the fact that by leaving South Africa to serve in other countries South Africans with this special skill are creating a brain drain, and in ethical terms it is unpatriotic to do so. Lest I be perceived as harbouring negative perceptions, I do know that based on the basic principles of human rights enshrined in the Constitution, individuals have a choice. However, without a measure of control, this choice would undermine the primary factor of accountability, and this would create a banana republic.
Alexandre Faite, the legal adviser to the International Committee of the Red Cross, in his book entitled: Involvement of Private Contractors in Armed Conflict: Implications under International Law, writes, and I quote:
In a famous statement made in 1998, the UN Secretary General Kofi Annan said he had considered the possibility of engaging a private firm to separate fighters from refugees in the Rwandan refugee camps in Goma. But, the world may not be ready to privatise peace.
I therefore subscribe to the view that security should remain the purview of government and should not be outsourced.
As it is clear, from the time that this Bill was presented to the portfolio committee, that there were gaps that needed to be filled, the portfolio committee exercised its oversight function by filling the gaps in the piece of legislation without sending it back to the Department of Defence for redrafting. I did mention that fact categorically during the public hearings. Indeed, the committee engaged in a tedious process not only to vote down members whose ideas do not necessarily correspond with those of the committee, but also to table its views substantively for engagement.
It will only be correct for me to thank Karin Boyce, the state law adviser, Siviwe Njikela, the Department of Defence’s law adviser, role-players in the defence sector, members of the portfolio committee and staff, for the commitment they made to producing a credible piece of legislation that would prohibit mercenary activities and regulate certain activities in countries of armed conflict. Indeed, this was a complex Bill.
I also thank members of the public and Members of Parliament for their indulgence. I thank you.
Mr R JANKIELSOHN: Madam Speaker, the DA will in no way support mercenary activities and we agree that legislation is necessary to prevent such activities. However, while this Bill attempts to prohibit mercenary activities, it also places restrictions on humanitarian organisations, individuals and companies involved in delivering services and assistance abroad as well as individuals enlisted in the armed forces of foreign states. The extent to which the Bill affects individuals who are not mercenaries makes the legislation principally and perhaps even constitutionally flawed.
Furthermore, the Bill is poorly written and downright sloppy. The ANC members of the committee were under so much pressure to pass this Bill that they would not even correct a grammatical error that we have pointed out to them in the heading of the Bill. In fact, after a week of additional hearings on the Bill, the ANC ignored most inputs. The hearings were an attempt to make the process look democratic, but were in fact mere sham.
Last week, the Portfolio Committee on Defence was presented with the SANDF’s exit plan for its members. The generals proudly boasted about the fact that 75% of people who have exited the SANDF over the past year were white. When asked if these individuals should join the reserve forces, we were told that this would in turn make the reserve force too white. After pressure to resign from our defence force, the ANC government is passing legislation that will restrict these individuals from using their skills in other countries.
The well-known expert on democratisation, Samuel Huntington, warns that it is important to keep current and former defence force members gainfully employed during a process of democratisation. Until we pass the ultimate test of a peaceful regime change, South Africa has not yet democratised and our democracy remains fragile. The ANC knows from experience that draconian measures only force people underground.
The economic impact of this legislation cannot be ignored either. In this regard it is important to note that while the unheeded financing structures of the corrupt arms deal are affecting our country’s balance of payment, individuals rendering security services abroad are bringing R6 billion in foreign currency into our country every year.
Individuals rendering security services and working in foreign defence forces just want to do what they cannot do in South Africa, namely support themselves and their families. Their futures now depend on decisions of the National Conventional Arms Control Committee, which is a body of ANC politicians. ANC politicians will determine whether South Africans may be employed abroad, based on criteria that are open to wide political interpretation.
This legislation will compel all individuals who are currently serving or who would like to serve in armed forces of other countries to obtain authorisation from the NCACC to do so. If this authorisation is refused they will either have to give up their citizenship or resign their jobs. In this respect the Bill places conditions on the type of work that an individual may be involved in. we hope that the constitutional right of an individual to choose an occupation of his or her choice in an era of globalisation will be challenged in the Constitutional Court. [Interjections.]
The SPEAKER: Order! Is that a point of order, hon Minister?
The MINISTER OF ARTS AND CULTURE: Madam Speaker, I think it is completely wrong to refer to an agency of this government, like the National Conventional Arms Control Committee, as a body composed of ANC politicians. It is an agency of the government, and not of ANC politicians.
The SPEAKER: Order! Hon Minister, that may be a strong point that you are making, but it is not a point of order. Please proceed, hon member.
Mr R JANKIELSOHN: The policing of legislation that attempts to regulate the activities of individuals in other countries will be difficult due to its extraterritorial reach. In the absence of similar legislation in other countries, an extradition … [Interjections.]
The SPEAKER: Order! Here is a point of order from the Minister.
The MINISTER OF DEFENCE: Madam Speaker, we would want to respond to some of the issues, but if we can’t hear what the speaker is saying we will be unable to know what to respond to. The SPEAKER: Indeed! I’m just afraid he has probably come to the end of his speech. [Laughter.] [Applause.]
Mr R JANKIELSOHN: Madam Speaker, I think during the points of order you didn’t stop the watch.
The SPEAKER: We give you an extra minute.
Mr R JANKIELSOHN: In the absence of similar legislation in other countries and extradition treaties it will be difficult to identify or punish those who contravene this law. Armed forces do not publish names, nationalities, or areas of deployment of their members.
This legislation will mostly affect white South Africans who cannot work in South Africa due to affirmative action and representivity in the civil service. In this regard, the legislation is malicious and punitive in nature. White South Africans want to contribute to our country, but the ANC is obsessed with having the power to criminalise this contribution.
It is not too late for government to reconsider this legislation, which will have a negative economic impact in our country, damage nation- building, destroy many people’s livelihoods and force many extremely well- trained soldiers to sit at home and ponder the reasons for their misfortune.
Elke keer dat die ANC sulke wetgewing toepas bring hulle ons land nader aan die Siener van Rensburg senario vir Suid-Afrika. Ek dank u, Mevrou die Speaker. [Applous.] [Every time the ANC implements such legislation, they bring the country closer to the scenario portrayed by Visionary van Rensburg. I thank you, Madam Speaker. [Applause.]]
Mr S B NTULI: Madam Speaker, Minister and Deputy Ministers present, hon members, members in the gallery, members of the Defence Force, as we debate the mercenary Bill, allow me to tell you a brief story of the acts of mercenaries as an introduction to any paper.
On 31 July 1981 Joe Nzingo Gqabi was murdered by operatives of the apartheid government outside the ANC residence in Ashdown Park, Harare. After Joe Gqabi’s murder, The Citizen newspaper published an editorial alleging that Comrade Gqabi was killed as a result of an internal fight between factions within the ANC. One of the self-admitted members of the death squad who assassinated Comrade Joe Gqabi, Gray Branfield, was killed in Iraq in April 2004.
Gqabi’s entire adult life was dedicated to the liberation of South Africa. The remains of Comrade Joe were returned to South Africa in 2004, where they were reinterred at his birthplace of Aliwal North on 16 December.
Gray Branfield participated in the assassination of Comrade Joe Gqabi in 1981, and did not stop there. I am sure there must be other activities that he took part in, but, of importance to me and relevant to our debate today, is that even after 14 years he was still involved in mercenary activity, until he was finally stopped by meeting his death in Iraq in April 2004.
The difference between the two is that Comrade Joe Gqabi was outside South Africa fighting a just cause. Remember that apartheid had been declared a crime against humanity by the United Nations, and it had to be fought against. So, what was the mission Gray Bransfield was working for both in Zimbabwe and in Iraq?
Now we can talk and talk about mercenaries and mercenarism, but that will not deter these agents of death from pursuing their goal, and their goal is clear: to kill for various motives.
We have our combatant, Comrade Chris Hani, who we lost through Janusz Walus. The Democratic Republic of Congo, which has just had elections after more than 40 years of struggle, once had the combatant, the late Patrice Lumumba, whose life was lost - terminated mysteriously.
Hence, when we talk about the prohibition and regulation of mercenaries, we do so fully informed about these butchers. Equatorial Guinea narrowly escaped Mark Thatcher’s group a year ago. I wish to proceed with the definition of a mercenary. In accordance with the United Nations convention, a mercenary is defined as someone who is “specially recruited locally or abroad in order to fight in an armed conflict”; a person who does in fact take a direct part in the hostilities; a person who is motivated to take part in the hostilities essentially by the desire for private gain and material compensation substantially in excess of that promised or paid to combatants of similar rank and functions in the armed forces of that party; a person who is neither a national of a party to the conflict nor a resident of the territory controlled by a party to the conflict; a person who is not a member of the armed forces of a party to the conflict; and has not been sent by a state which is not a party to the conflict on official duty as a member of its armed forces.
The UN further states that a mercenary shall not have the right to be a combatant or a prisoner of war. It is for this reason that the ANC has seen it as imperative to come up with a piece of legislation such as the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Bill.
Mercenary commanders have individualistic interests such as the exploitation of the raw mineral resources of a country, for instance uranium, gold, oil, diamonds, etc, as we have seen in the endless wars of countries such as the Democratic Republic of Congo, Angola and Burundi, to mention a few. There is also a new dimension of mercantilism carried through the so-called private military companies. As we all know, mercenary armies get involved in areas of conflict not to bring peace to those areas, but to exacerbate war by making it worse or by creating war, to put it simply.
Mercenary armies are warmongers and not peacemakers, and yet every citizen of South Africa knows that our Defence Force is in these areas to maintain peace or to bring about peace to the regions so that Africa can develop its social, political and economic infrastructure, and eradicate poverty, disease and squalor.
Mercenaries want the present situation of hunger and poverty to continue so that the exploiters of raw materials can continue, with the aim of exchanging that for guns and not food; guns and ammunition that will eventually murder thousands of innocent and unarmed civilians in our society. And we in the ANC will not condone such heinous activities. These are evil acts that disturb our vision that there should be peace, security and comfort in our country and the world at large.
The economy and democracy of our country and of countries beyond our borders rely on the economic growth that must make democracy thrive. The development of Africa, our country and the world at large as peace-lovers and not warmongers, will give us the opportunity to harness the economic growth and development that we need to defend jealously, hence we talk of the importance of social security.
The strength of our democracy relies on us, the citizens. Anything that is contrary to our Constitution must be thrown out of the window. The critics of this Bill say that it is unconstitutional, because it limits or interferes with human rights as far as the right to a military career or to the practice of military skills, or of security-trained personnel are concerned.
In other words, militarily trained persons should be left alone, just like any other profession. This is a fallacy. It is a false notion, because all professions are regulated through various Acts, policies and bodies. The ANC moves and supports the Bill. Thank you, Chair. [Time expired.] [Applause.]
Mr V B NDLOVU: Madam Deputy Chairperson, this Bill has generated a lot of controversy. Much of the controversy is centred around the question of why the South African government wants to limit the rights of its citizens, such as freedom of movement, freedom of association and freedom of trade. Some role-players have called this Bill unconstitutional, something which the hon member has just mentioned when he moved away from this podium.
In most contexts, this would be a legitimate question. However, in the context of South African citizens who continue to sell their professional services as mercenaries all over the world, this will become almost a moot point if one considers the international and constitutional obligations of our country.
Clearly, we cannot tolerate a situation where South African citizens are creating havoc around the world, destabilising legitimate regimes, propping up illegitimate ones and generally playing a destructive role in world affairs.
It is not only our international and constitutional obligations that are involved or our standing as an honest broker in world affairs, but also our foreign policy and our aspirations to be a leading player in African and world affairs that are also seriously compromised by the behaviour of some of our citizens. That is why we undoubtedly need antimercenary legislation.
We have two serious concerns. Firstly, the Bill provides for an extraterritorial application. While we understand that the failure of the Regulation of Foreign Military Assistance Act to lead to successful prosecutions calls for drastic action, the IFP believes that this provision will do more damage than good to our relations with foreign countries. Any infringement of the sovereignty of a foreign country could lead to a potential conflict and could sour relations between countries and that will have negative effects in other areas.
Secondly, the enlistment of South African citizens in foreign armed forces has generated a lot of controversy. The IFP believes that our citizens should have the right to decide whether to enlist in a foreign armed service without fear of prosecution in terms of this Bill. At the same time, we agree that our government should have the ability to know the whereabouts of its citizens, many of whom would have been trained in our defence force.
This is not a contradiction, as the latter requirement could easily be painlessly accomplished through a simple registration process when a South African citizen enlists in a foreign armed service. In this regard, increased co-operation between the relevant countries would be required.
In conclusion, the IFP insists that the implementation of the Bill should be closely monitored by Parliament and that if weaknesses are identified they are rectified as soon as possible through legislative amendment. The IFP also recommends that any potential conflict between our country and others over issues of sovereignty be dealt with through negotiations before they get out of control and hurt the relationship between the relevant countries.
Finally, as the IFP we want to restate our belief that our citizens should have the right to decide whether or not to enlist in a foreign army while informing the SA government of having done so. I thank you, Madam Chairperson. Mr M S BOOI: Hon Chair, hon members, hon Minister and Deputy Ministers, the ANC supports this Bill. We are going to reflect on issues that have been raised that we think are quite valuable. We will deal with the issue of retrospection, because we are being accused of dealing with the Bill in such a way that it should criminalise those who have already been enlisted in foreign armed forces. We will also deal with the aspect of constitutionality, because we still believe that we are quite correct in the manner in which we have worked out this particular Bill.
The Minister has already spoken at length and given a historical background on this aspect, with the hon chairperson having reflected on that. But for me, the insinuations and the harping on the attempt to put us into a box, as if we are doing battle about affirmative action, is an indication of members not being able to understand and conceptualise the need for the Bill itself, because listening to hon Jankielsohn was like learning something that I could use to be able to help him to achieve the goals we want to achieve as a collective within the portfolio committee, for we are here to make each other understand.
We are dealing with a Bill that is not as old as yesterday. We are not dealing with an issue that is glib historically. What we mean is, you are dealing with the global community or issues that have been raised by the global community. The British have their own Foreign Enlistment Act that goes back as far as 1870. The Americans call theirs the US Neutrality Act which goes back to 1937. The Australians call theirs the Foreign Incursions and Recruitment Act which goes back to 1978.
So, this means that you are not dealing with an easy issue but an issue that has gone back quite a bit historically. It has a lot of implications on each and every individual country, even the emerging market, because in the post-Cold War period, it became very clear that the super powers did not want to play certain roles in assisting peacekeeping on the African continent, specifically.
The experiences of the ANC on the African continent are the ones that are guiding us and influencing the role that we are beginning to play in trying to construct the Bill that could be able to catch up with people who are really trying to rob and commercialise the role that the military forces are playing on the continent itself.
We have our own experience. Just after 1994, most of our own soldiers that were part of the SADF started to constitute bodies, which were called Executive Outcomes, that began to play a particular role within the African continent. That is unbecoming.
But, given that we have adopted the Constitution and are working under a constitutional state and have to deal with the record of human rights at this particular moment within its ten years of performance in governance, the Bill has performed very well. We had to come up with legislation that would be in a position to remain as a guide and be able to make it possible even for the National Conventional Arms Control Committee – NCACC - to play its role and enable us as a country or as a nation to know what the guiding points are for persons whenever they are trained and want to give out their services - how to perform them and how to be contacted.
If one looks deeper into the role that the “executive outcomes” plays and the type of organisation it is, one will find that it is not just about combating but it also goes along with its personnel. For example, if you are a doctor or if you are somebody who carries messages for those people or who works in intelligence, you go along with those people. All these institute part of the mercenary.
For us it is quite important that we legislate to enable us to state in which capacity you left the country. Whether you left the country on the basis that you were a combat soldier or under the pretext that you were a doctor and had to go and assist soldiers; whether you have left under the pretext that you were gathering information for that particular institution or country that you were working with. These are the concerns and issues that are contained within the mercenary Bill.
When we say that we have to legislate for that and be able to get authorisation from the NCACC, that authorisation is not a bunch of politicians that are seated in the NCACC, they are very responsible officers who are able to say what your state is. This is what we have been saying about the submission of 700 enlistments that were made - wanting to know who these people are. We do not know who these people are.
Our responsibility is to legislate. But somebody in the institution must be able to tell us who these 700 people are so that we don’t get confused and threatened and eventually don’t legislate. Are they combat soldiers? Are they health-related people? Are they dealing with humanitarians? Who are these 700 people?
For us it just can’t work that way. We need to be able to motivate and be able to disclose, as a country, that these are the reasons and types of people we are drafting legislation for.
So, for us, when we talk about the mercenary Bill, we are not just talking about regarding in retrospection. It is the responsibility that we take as a country, whenever we have people that we have trained and play particular roles coming out of the Executive Outcomes and looking at the way they have been able to operate, the company that they have been able to operate in and create – not just about combat ready companies.
Executive Outcomes have been able to create and train companies that were able to do business in Congo and Angola, even under the guise that they can enrich themselves and can take the natural resources of those countries.
Now, what do you do as a country? Do you come up with legislation that focuses on combat or that is able to point out Executive Outcomes and their role? Do you look at the types of resources they amassed when they were given some legitimacy by a country that was weak and that had been able to give them a role to play in that particular country, that could have been used in the armed conflict? What do you do?
Executive Outcomes, with its international connections, has been able to create a huge account – earning about R400 billion that was to be spent all around the world – enabling it to build a capacity to help governments like Congo, which could stand up and say that this was the type of role they could play in Rwanda.
This is what we are saying - that this mercenary Bill will place the government in position to be able to challenge these types of institutions. We would be in a position to say that we are not looking only for a combat- ready person, we are also looking for an intelligence officer, somebody who is dealing with health and somebody who acts as a family member of a particular person. There is no way in which we legislate that these people don’t have a responsibility. That is why we are saying we reject it with contempt … [Time expired.] Thank you, Madam Chairperson. Mr S N SWART: Chairperson, hon Minister, no one can argue that there isn’t a need to prohibit most activities and to address the shortcomings of the previous Act. However, what is the point of allowing South African citizens to enlist in the armed forces of a foreign state if permission to do so lapses automatically, if the person concerned takes part in an armed conflict? It is surely the case that anyone who enlists in an army foresees the possibilities of becoming involved in conflict. That is essentially the only reason for existence of armies in the first place.
The proposal therefore that South Africans can only serve in foreign armies if they are not deployed operationally is ludicrous, to say the least. The ACDP shares the view of the Catholic Church that such provisions place “an intolerable burden on individuals who have received permission to enlist in a foreign force”. If they were instructed to take part in hostilities, they would either have to refuse to do so and face the consequences, which could be desertion; or if they do participate, they would be committing an offence in terms of this present Bill. Accordingly, the ACDP would not support this Bill. Thank you.
Ms M L MATSEMELA: Chairperson, Ministers present, Deputy Ministers present and hon Members of Parliament, I am happy to join in the debate about the Bill before us today, from the outset. I therefore wish to express our unqualified support for it, from the ANC. Together we have already begun a journey of the second decade of freedom and I trust that my interventions will help build on the successes of the first decade of freedom, and correct the shortcomings and limitations that were prevalent in the previous legislation.
I also hope that my contribution in this debate will encourage all South Africans to work hard, to ensure that 10 years later our nation will be at work building a country where the majority of citizens will enjoy a better and prosperous life as enshrined in section 198 of our Constitution.
National security must reflect the resolve of South Africans, as individuals and as a nation, to live as equals, to live in peace and harmony, to be free from fear and want and to seek a better life.
Indeed, in seeking a better life, we must develop a vision that our legacy of inherent divides has bequeathed to us. We must share experiences of work on building trust in each other, because apartheid was built on mutual mistrust.
Ke ka moo Maloko a Palamente re reng, a ko Molaotlhomo o, o laole dikhamphani tse. Di dire dikopo di be di letlelelwe go ya ka lekgotla leo le laolang maemo a, e leng National Conventional Arms Control Committee, NCACC. Fa di sa laolwe, go tla dira gore go se nne le kutlwano. Setswana se re, naga e se na khudutlou, bolebeto ba a bo ba ipeile naga. (Translation of Setswana paragraph follows.) [That is why we as Members of Parliament move that this Bill should regulate these companies. They should get approval from the council responsible, that is the National Conventional Arms Control Committee, NCACC. If they are not regulated, there won’t be conformity. There is a Setswana saying that states that when there is no leader there will be a lot of squabbles.]
Therefore, anything that is not in line with the letter and spirit of our Constitution must not be embraced. We must, posthumously, fulfil the dream of the late Minister of Defence, Comrade Joe Modise, who said:
The government will strive to forge a national consensus on defence. Our common objective should be to create a defence which is legitimate, effective and affordable; a force of the people and for people.
The Bill repeals the Regulation of Foreign Military Assistance Act, because its purpose, without a doubt, is to make our security effective and efficient. I must further speak about issues around private security companies, private military companies and humanitarian organisations, because I want to clear up the confusion created and fear instilled among the public, by some elements that participated during the public hearings.
As Itumeleng Mhabane, the columnist writes: It is about all of us as individuals. Are we to build a society which can be free from fear? If we are, it is time we are honest with each other about our own perceptions and prejudice. We believe that hope in South Africa’s future and faith in our people requires that.
The first misconception is that the Bill seeks to prohibit both private and military companies from doing their work abroad and exercising their profession. The intention of the Bill is not to, unreasonably, proscribe freedom of trade, occupation and profession, but instead to strike a delicate balance between freedom and responsibility, to promote peace and development at home and abroad. To this end, the security services must be structured and regulated by national legislation.
I wish to further submit that the provisions of this Bill are not inconsistent or in conflict with the definition of a mercenary as contained in protocol 1, article 47 of the Geneva Convention. It is common knowledge that mercenary groups will not participate in the United Nations Peace Keeping Force nor will they submit to the authority of the commander in chief of our armed forces, that is the President.
In conclusion, the time has come for us to build the fortresses of peace in the hearts and minds of all our people, by disincentivising conduct that remains a perennial threat to our dream of building Africa and the world, that is based on the vision of peace and friendship.
Ke ka moo re reng, a mang kapa mang, mo makgotleng a a poraefete a, a a batlang go dira dikopo, a dire dikopo. Dikopo tsa ona di tla tlhatlhobiwa mme morago di tla letlelelwa go ya ka lekgotla le le dirang dikopo la NCACC. Ke a leboga. [Legofi.] (Translation of Setswana paragraph follows.)
[That is why we are saying, let anyone belonging to these private councils who wishes to apply, do so. Their applications will be assessed, and later be approved as deemed proper by the NCACC that deals with applications. Thank you. [Applause.]]
Mnr P J GROENEWALD: Agb Voorsitter, daar is al verskeie kere hier gesê dat alle politieke partye die aspek ondersteun dat daar regulering en ’n verbod moet wees op huursoldaataktiwiteite.
As ek na die onderskeie sprekers wat vandag hier gepraat het, luister, asook van die opmerkings wat hier gemaak is deur komiteelede in die portefeuljekomitee, dan wil ek dit onomwonde stel dat daar ’n oorreaksie is van die ANC-regering. Dit blyk veral as ek luister na uitsprake wat gemaak word oor Executive Outcomes en wanneer daar verwys word na die Mark Thatcher-geval.
Die werklikheid is dat daar ’n bestaande wet is en niemand het skotvry daarvan afgekom nie. Ek het ’n wysiging wat ek vandag hier ter Tafel lê en wat op die ordelys verskyn en dit is ’n wysiging betreffende klousule 4. Verskeie instansies het voorleggings gemaak in die portefeuljekomitee wat daarop gewys het dat klousule 4 in wese ongrondwetlik is.
Ek wil vandag ’n beroep op die agb Minister doen: U het ’n verkeerde besluit wat gegaan het oor die Direkteur van Vervolging in die weermag reggemaak. Ek wil vandag ’n beroep op u doen. Hier is ’n tweede fout en kom ons maak ook hierdie fout reg.
Voorsitter, ons kan tog immers nie toelaat om mense so te beperk dat as hulle aansluit by ander buitelandse weermagte, dat hulle geen toekoms het nie. Want, al kry hulle toestemming van die konvensionele wapenbeheerkomitee, kan dit ten enige tyd ingetrek word. Daardie lede het nie ’n vooruitsig in die toekoms nie, want die magtiging kan teruggetrek word op ’n subjektiewe, politieke besluit en kriteria wat deur hierdie komitee uitgevoer word. Dit, in wese, is ongrondwetlik. Ek hoop daar is organisasies wat dit ook sal toets in die Konstitusionele Hof.
Hier is ’n geleentheid om dit reg te maak. Die voorstel in die wysiging is om te sê: kom ons sê eerder die mense “registreer”, want dan is daar steeds regulering. Ek dank u. (Translation of Afrikaans speech follows.) [Mr P J GROENEWALD: Hon Chairperson, it has been painted out here several times that all political parties support the notion that there should be regulation and that a ban should be placed on mercenary activities.
Having listened to the various speakers here today, and also to the remarks passed by members of the portfolio committee, I want to state unequivocally that the ANC-led government has overreacted. This is especially clear when listening to pronouncements made with regard to Executive Outcomes and when reference is made to the Mark Thatcher case.
The reality is that there is an existing Act and nobody has escaped scott free. I have an amendment that I shall table today and that appears on the Order Paper. It is an amendment with regard to clause 4. Various organisations have made submissions to the portfolio committee which indicated that clause 4 was essentially unconstitutional.
I would like to appeal to the hon Minister today: You have rectified a mistake that involved the Director of Prosecutions of the Defence Force. I want to appeal to you today: Here is a second mistake and let us correct this one too.
Chairperson, we can really not allow people to be restricted to such an extent that if they join a foreign force, they have no future. Because, even if they are granted authorisation by the National Conventional Arms Control Committee, it can be withdrawn at any time. Those members have no prospects for the future, as this authorisation can be withdrawn based on a subjective, political decision and criteria implemented by this committee. That is essentially unconstitutional. I hope there are organisations that will take this matter to the Constitutional Court.
Here is an opportunity to rectify matters. The proposal in the amendment is that we rather say that people are “registered,” as there would then still be regulation. I thank you.]
Dr S E M PHEKO: Chairperson, mercenaries have tormented and destabilised African states for a long time. Unfortunately, most mercenaries came from South Africa.
The recent Mark Thatcher incident is one such example. Mercenary activities tarnished the image of this country in the rest of Africa, who see South Africa still involved in mercenary activities as in the days of apartheid.
In view of the danger the mercenaries have posed to the economic development of Africa, this Bill is not enough of a deterrent to stop the savage activities of mercenaries. All activities in areas of conflict must be regulated, and not just some.
For instance, many pose as security guards to cover their activities. The citizens of this country must be prohibited altogether from serving in foreign armies. It is estimated that 700 citizens or residents of this country are serving in the British army. What then happens when they are involved in conflicts such as in Iraq? What about those serving in the Israeli army in conflicts such as Palestine, Lebanon and Syria?
The PAC supports this Bill, but its regulations should have been tighter. [Time expired.] [Applause.]
Dr G W KOORNHOF: Chairperson, Ministers, Deputy Ministers, and hon members, someone once said: The future is not what it used to be. This is especially true in a world of escalating international violence and conflict. In a sense, the world has become smaller - money is globally mobile in an instant, and security traditionally provided by states has is now provided by private military companies and private security companies. In the latest cover story of Time called, “Life in Hell: A Baghdad diary” by one of its own journalists, it is stated:
Iraq is a murky battlefield where combatants are hard to identify and alliances shift constantly. So nothing and nobody is predictable.
Against this background, the role of private military companies, private security companies, private logistics companies and mercenaries has become blurred. Not surprisingly, the trend is to prohibit mercenary activities and regulate other security activities.
The Geneva Convention, for instance, in Protocol 1, Article 47, defines “a mercenary” accurately and also states clearly that a mercenary shall not have the right to be a combatant or a prisoner of war. It is against this background that we have to consider the Bill before us.
The Bill represents substantial changes to the current Regulation of Foreign Military Assistance Act. In this regard it is groundbreaking legislation, and we are leading countries such as the UK - which is still debating the regulation of private security companies - the USA, Australia, New Zealand and France.
On the international level, the UN, the AU and even nongovernmental organisations are already starting to consider putting in place or reviewing mechanisms of monitoring, checks and oversight over the fast- expanding security industry, especially where lines begin to blur between security and active combat. One principle which should be highlighted in the debate on security and military services is that of human rights and accountability.
In Afrikaans, die beskerming van menseregte en aanspreeklikheid. [In Afrikaans, the protection of human rights and accountability.]
In the debate on military service, human rights and accountability are non- negotiable concerns. On this aspect, the South African government will stand its ground. In this debate, it is important to give clarity on some important sections in the Bill. I will do so, because there are some members of the opposition parties in this House who are twisting the true intentions of this Bill to suit their own party political agenda, and by doing so, they are not only misleading the public, they are also trying to instil mistrust into security companies, towards the ANC government, and worst of all, they are misusing the families of people involved in the security industry abroad by feeding them false information, and creating fear in their midst.
I want to warn such members resorting to such tactics: The public at large will not fall for the lies you are spreading. Such deliberate attempts to continue to play old-style apartheid politics and to oppose every initiative by this government will eventually marginalise you into a small corner, where you will only fight for a better past.
This Bill amends the domestic regulatory framework on sound and defensible principles. First, as the Minister has stated, it prohibits mercenary activities. To put it bluntly, it puts an outright ban on mercenary activities. Any person who contravenes this section will be guilty of an offence, and will be punished. It criminalises mercenary activities.
Second, the Bill regulates the rendering of services in a country of armed conflict. The Bill does not criminalise such activities. If any person is an employee of a reputable private security company, the Bill allows him or her to obtain permission or authorisation to continue with these legitimate service-rendering activities.
It is through this regulatory regime that we will prevent the damage that an unregulated private military sector may cause. Some proponents of private military companies and private security companies argue that such companies may be able to provide security services more effectively and efficiently than states are able to.
If this is true, then surely some centrally held information by a home government on contracts in the form of a register between individuals and private security companies must be transparent and subject to due process?
This is precisely what this Bill does, namely to allow the National Conventional Arms Control Committee to consider all applications by individuals for authorisation of rendering of services in a country of armed conflict or in a regulatory country, guided by specific, spelled out criteria. In addition, it provides that this committee must maintain a register of authorisation and approvals. Furthermore, the NCACC must report on a quarterly basis, not only to the Cabinet but also to this Parliament with regard to this register. This House, on a quarterly basis, will have to judge that register and report.
If we do not ban mercenary activities, and if we do not regulate the rendering of services, how will we be able to distinguish between the employee of a reputable South African private security company, and either an individual employed by a fly-by-night South African company working in, say, Iraq, involved in shady deals, or an individual fighting someone else’s war for monetary gain?
We have to regulate the rendering of such security services. In my opinion, individuals working for security companies which are involved in legitimate security work and which do not abuse skills outside South Africa must not assume something which is not contained in the Bill.
I said earlier that the non-negotiables are human rights and accountability. If there is nothing to hide, as many submissions claimed during our public hearings on the Bill, file your individual application for authorisation with the NCACC and adhere to home state accountability.
At the beginning of my speech, I referred to the cover story in the latest Time magazine, ``Life in Hell’’, which gives an account of a journalist’s life in Iraq, where all news is bad news. In one of the submissions to the defence committee on this Bill, it was stated that as many as 90 private security companies are currently working in Iraq, mostly British and American, but also a number of South African companies. Apparently only a third are registered with the host country, and the local private security company association in Iraq. What about the other two-thirds of such companies? It is estimated that up to 5 000 South African citizens are involved in Iraq, and yet we have no idea what they are doing, or what activities they are involved in.
In conclusion, we need to address, in my opinion, the following challenges when this Bill becomes operational. Firstly, the implementation is crucial, both in terms of effective policing and effective prosecution. [Time expired.] [Applause.]
Adv H C SCHMIDT: Thank you, Madam Chair. The intended aim of this Bill is to close lacunae or loopholes in the Regulation of Foreign Military Assistance Act, which has failed to adequately control mercenary activities. The Bill will also broaden the scope of the present antimercenary legislation to declare mercenary activities, such as the intended coup in Equatorial Guinea, illegal. And with that we agree.
However, private security and protection services, which employ thousands of South Africans, particularly in Iraq, are also subject to being outlawed, should those members fail to obtain permission to perform such services. In addition, as many as 700 South Africans currently serve in the British army and are thus to be forbidden from enlisting in foreign armies, without government authorisation.
We take note of your intended amendments on the Order Paper this afternoon, which might improve the situation somewhat. However, what is of concern is that application has to be made to the National Conventional Arms Control Committee, the NCACC, which is comprised of government Ministers, taking political decisions. These ought to be administrative decisions taken by officials from the Department of Defence, with or without authorisation from the relevant Minister. The NCACC, as an entity of senior politicians, lacks the expertise to make the complex legal judgements that the Bill requires.
Die beslissing deur die NCACC, die komitee wat belas is met die uitvoer van konvensionele wapens en die goedkeuring van aansoeke om diens te doen in ander weermagte of privaat sekuriteitsmaatskappye sal ’n politiese beslissing tot gevolg hê.
Die gevolg van sulke besluite gaan uiteraard ’n dramatiese en nadelige effek hê op baie Suid-Afrikaanse gesinne, beide blank en swart, waar die broodwinners betrokke is by wettige sekuriteitswerk. Daar is na beraming sowat 6 000 tot 10 000 sekuriteitsbeamptes wat tans diens doen in Irak. Hierdie mense sal nou werkloos wees en bitter min vooruitsigte hê op indiensneming.
Soos u opgemerk het, oorweeg die Departement van Verdediging om ’n groot aantal Suid-Afrikaners in die SA Weermag af te dank. Hoe is dit moontlik dat enige regering, wat die verantwoordelik het om na die beste belange van sy burgers om te sien, sulke kille en koelbloedige besluite kan neem, wat tot nadeel van sy burgers gaan wees? (Translation of Afrikaans paragraphs follows.)
[The decision by the NCACC, the committee that is charged with exporting of conventional arms and the approval of applications to serve in other defence forces or private security companies, will be a political decision.
Consequently, such decisions will inevitably have a dramatic and detrimental impact on many South African families, white as well as black, where the breadwinners are involved in legal security work. It is estimated that approximately 6 000 to 10 000 security officers are currently working in Iraq. These people will now be unemployed and will have very few prospects for employment.
As you have observed, the Department of Defence is considering retrenching a large number of South Africans in the SA Defence Force. How is it possible that any government, that has the responsibility to look after the best interests of its citizens, can make such heartless and cold-blooded decisions, which will be to the detriment of its citizens?]
The legislation also provides for a six-month transition, during which South African citizens or residents currently providing assistance or service in a country of armed conflict must apply for authorisation. Should such authorisation not be granted the applicant would have to return to South Africa or have the option of applying for citizenship of another country.
Hon Minister, as mentioned, this position is short-sighted and not in the best interests of those applicants. It is also important to note that the Bill will ultimately jeopardise the approximately R6 billion that has flowed into South Africa from the services of those South Africans serving abroad. It also fails to distinguish between private security companies and more controversial private military operations, which we are all opposed to. Of more concern is the risk of a constitutional challenge, based on the constitutionality of the extraterritorial application of the Bill, despite the amendments being made during the course of the deliberations.
The DA is clearly opposed to any form of mercenary activities, as well as private military operations, such as the aborted coup in Equatorial Guinea and the so-called Mark Thatcher case. However, those individuals committed to rendering legal security and protection services, as well as humanitarian assistance, should be supported and allowed to fulfil this important task. [Applause.]
Ms S RAJBALLY: Chairperson, while the MF has no objection to the involvement of and assistance offered by South Africans in areas of armed conflict, we recognise the value of the prescribed registration of the bodies that this Bill seeks to achieve.
The MF believes that our assistance and concern for humanity should extend far beyond our borders and that to achieve world peace should be a collective world effort. It is known that South Africans are quite often involved in mercenary activities abroad and it is government’s duty to ensure that proper legislation exists to manage and monitor this engagement.
The MF, however, would appreciate a more narrow definition of armed conflict, so as to establish whether a South African offering such social security is lawfully or illegally offering such assistance. The regulation of security services in countries in armed conflict also needs greater assessment.
We further feel that it is important that the interests of our National Conventional Arms Control Committee and of the International Committee of the Red Cross are prioritised and are in no way in conflict with their intentions to assist these countries.
The MF supports the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country Areas of Armed Conflict Bill. Thank you. [Applause.]
Mr O E MONARENG: Igama labantu, malibongwe! [Let the name of the people be praised!] Madam Deputy Chair, I just want to start by saying that there was a mistake made - by I don’t know whom - saying that I’m going to speak Afrikaans. I do understand. The best language I understand is not “tsotsitaal” – it’s called “clevertaal” - which we speak in Rockville. But I’m not going to speak in “clevertaal” here.
Firstly, what I want to do is to say-somebody out there was saying that I’m going to throw stones and give a mercenary talk – that I’m not going to give a mercenary talk. The DA is capable of giving a mercenary talk because when they talk, they talk like mercenaries. Unfortunately, this Bill is actually meant to prohibit mercenarism – that is the main thrust of the Bill.
I am sure that all opposition parties support the main thrust of the Bill, including the FF Plus. Some of the issues which were raised here are issues that were debated for six months, because the Bill was introduced last year in November. I am sure that it would be fair for all parties to remain within the thrust of the Bill. There’s no controversy, no confusion.
Comrade Deputy Chairperson, hon Members of Parliament … [Laughter.] … hon Chairperson, my colleagues have already elaborated on aspects of focus pertaining to the Bill. My task is to give a summary of the arguments put before this august House.
We’ve enjoyed the participation of more than 23 private security and military companies, humanitarian organisations and individual experts conversant with this Bill. To quote but a few, the following made submissions: We had have submissions from the Institute for Strategic Studies by Mr Le Roux; Mr J R Jones’ private company associated with Iraq. So, it means that we were so democratic that we gave people who are associated with activities somewhere in Iraq an opportunity to make a presentation.
We gave Safer Africa an opportunity; the University of Cape Town; Safe Net International Peace Operations and Association; Helmut Roehmer Heitemann, Defence Analyst and Consultant; Special Forces League by Mr Greyling; the South African Bishops Conference and the British Association of Private Security Companies, which was represented by Bowel and Wenzel, which is a law firm. I think by and large it is a DA law firm. Then we gave an opportunity to Amnesty International and, again, to the former DA Member of Parliament, Ms Raenette Taljaard, to contribute to the discussion.
So, what I want to say is that we’ve exercised remarkable generosity in allowing all interest groups an opportunity to make representations to the committee, including the British High Commissioner in South Africa. It is therefore against this background that broad participation was effected and enhanced.
The finalisation of this Bill was due to an effort by a whole range of role- players and participants, including those from the DA and their defence teams, companies and all opposing groupings. Arguments ranged from definitions, whether the Bill was constitutional or not, whether it would criminalise genuine South African citizens or not, whether it would deny the country foreign earnings, etc.
We battled throughout the six-month period to convince each other on salient features and points of the Bill, until we knew that we would have to agreed to disagree and vice versa. However, we are at a point where most role-players - South Africans, in particular - have reached the point where they believe that mercenarism is a detrimental, dangerous activity, which credible countries of the world will always take measures to prohibit, discourage or prevent.
The DA, together with the entire opposition, are in agreement with the ANC regarding the main thrust of the Bill - that of preventing mercenary activity. Fellow South Africans are in agreement with all of us in preventing individuals and groupings from encouraging and enhancing unpalatable war activities, and this will contribute in the process of peacekeeping and peacemaking, which of course is our country’s constitutional imperative. We as the ANC wish to appeal to all citizens to understand that the Bill has to be implemented to prohibit all elements which enjoy anarchy and disorder from disregarding the consequences of their irresponsible actions. By introducing and implementing this Bill we are showing the world our country’s seriousness in dealing with mischief and irresponsibility. We are, in this way, taking tough action to deal with these rogue elements.
The Bill is obviously not targeting innocent, honest citizens but the soldier of fortune whose exploits are aimed at personal aggrandisement and personal enrichment. We are the last country to contribute towards the destabilisation of our continent and the world, because we stand for peace, stability and harmony, and we shall not fail in this venture.
The DA has, throughout the public hearings, attempted to mislead the public by causing it to believe that the ANC wishes to criminalise those members of security companies who are working honestly to practise their professions. We say we are dealing with the monster which is likely to destroy our relationship with our friends in Africa and the world at large.
I wish to say that this Bill has to be supported. The arguments which have been raised don’t carry weight and the justification that those people who are enlisted in foreign armies should be encouraged, is wrong. So, what are we saying the Bill is for? It deals with those persons who, for whatever reason, are given permission to serve in the British Army. They may continue serving, but if Britain participates in an area or a country of armed conflict, it would mean that the authorisation which has been given to them in accordance with section 7 of the Act, would automatically lapse, because these people should not be encouraged to participate in a place of armed conflict.
Most of the points that were raised here by hon Groenewald and hon Jankielsohn arose because they came into the committee late. They participated at the end of the Bill, to the extent that they were not able to interact even at the level of public hearings.
What I want to say is that whatever point is raised - whether there’s violation of the constitution, extraterritoriality, etc – those issues have been resolved. We have to support the main thrust of this Bill. I thank you, Madam Chairperson. [Time expired.] [Applause.]
The HOUSE CHAIRPERSON (Ms C-S Botha): Order! May I just comment to say that whether I am a comrade is debatable, but whether I am a Deputy Chairperson is not. Please just address me as ``Chair’’.
The MINISTER OF DEFENCE: First of all, Chairperson, I am a bit alarmed at what has transpired now. First of all, when this House makes legislation, it does not make legislation as I understand it for whites or for Africans, and so forth. It makes legislation for South Africans. [Applause.] So, to make an assertion that this law is aimed at whites or this law will affect whites is a misrepresentation and a very dangerous misrepresentation that divides our people and frustrates nation-building.
Once this law has been passed, whether you are blacker than me or whiter than snow, if you transgress it you will face the courts of our country and you will be punished. It is a law for South Africans. It is for South Africans. In this House we must not make assertions that alienate sections of the population and give them a sense that we are dealing here with legislation that is intended to harm them.
Secondly, to suggest that we are making a law that is taking rights away from South Africans, is to say that we are changed in unconstitutional activities here. It is not true. All South Africans may go and play rugby or soccer and make money in any part of the world if they want to do so. They may practice as doctors and lawyers, or whatever profession they are in. If there were South Africans who sought to make money by practising their trade abroad in a manner inconsistent with the provisions of our Constitution, for instance, killing innocent people, we would stop that right.
That is what this Bill is about. It says: you may practice your trade, even in the security industries, as long as what you are doing there is not inconsistent with our national law and with our obligations in international law. That is the only thing we are going to stop.
U sien, mnr Groenewald, ek moet maar die punt so direk stel. Elke reg moet gereguleer word. Almal van ons in Suid-Afrika mag besigheid doen en geld maak, maar die oomblik as iemand geld steel, sal ons daardie reg reguleer. Die oomblik as iemand ’n rooftog organiseer, sal ons hom vang. (Translation of Afrikaans paragraph follows.)
[You see, Mr Groenewald, I just have to state the point as directly as possible. Every right must be regulated. Everybody in South Africa may do business and make money, but the minute someone steals money, we will regulate that right. The minute that somebody organises a robbery, we will catch him.]
We cannot allow the making of money by any means at all times. There must be certain ways in which to stop that, should you want to make money illegally. It is inimical to the law of the land. Now I have also made a major discovery today. I hope that something is wrong here, because I really don’t think this is right. As regards South Africa’s reserve force, the concept of our defence force is a core force with a reserve force added. Anybody leaving the National Defence Force is encouraged to come into the reserve force. It can therefore never be said that there are too many whites in the reserve force. There is something fallacious about that. If there is an official who said that, I would like to find out who it was, because I might have to withdraw them from the defence force. It is a misrepresentation of the facts. Everybody is welcome in the reserve force.
Mr Jankielsohn, I think everybody must listen carefully to what is happening in the meetings and so on. The gentleman from the ACDP made the point that only those people who will not be deployed in military operations may join the armed forces of other countries - that is another fallacy. I don’t know what the basis of that is.
We are a member of the Commonwealth, for instance. Anybody who wants to enlist in Her Majesty’s Armed Forces is free to do so, but if Her Majesty’s government were engaging in or getting into a conflict area that would be inconsistent with our law. We are an independent state, so we would say no, we are not going into that. And we would regulate for that. But, in any other case, there are no difficulties.
Now I asked the other members and they said that the hon member was never ever in the committee discussions. He has just been sent here to come and say what he said. Well, that’s some consolation. [Time expired.]
Debate concluded.
(A) Amendment to the Bill by Mr P J Groenewald put, as printed on the Order Paper (p 281), namely:
CLAUSE 4
1. On page 4, in line 31, to omit “authorised in terms of
section 7” and to substitute “registered with the Committee
for that purpose”.
Division demanded.
The House divided:
AYES - 31: Blanché, J P I; Camerer, S M; Carrim, Y I; Chang, E S; Doman, W P; Farrow, S B; Gibson, D H M; Groenewald, P J; Jankielsohn, R; Julies, I F; Kalyan, S V; Kohler-Barnard, D; Lowe, C M; Masango, S J; Morgan, G R; Mulder, C P; Mulder, P W A; Opperman, S E; Rabie, P J; Sayedali-Shah, M R; Schmidt, H C; Selfe, J; Seremane, W J; Smuts, M; Spies, W D; Swart, P S; Swart, S N; Swathe, M M; Van Dyk, S M; Waters, M; Weber, H.
NOES - 204: Abram, S; Anthony, T G; Arendse, J D; Asiya, S E; Asmal, A K; Baloyi, M R; Benjamin, J; Beukman, F; Bhengu, F; Bhengu, M J; Bhengu, P; Bici, J; Bloem, D V; Bogopane-Zulu, H I; Bonhomme, T J; Booi, M S; Cachalia, I M; Cele, M A; Chauke, H P; Chikunga, L S; Combrinck, J J; Cronin, J P; Dambuza, B N; Daniels, P; Davies, R H; Diale, L N; Didiza, A T; Direko, I W; Dithebe, S L; Du Toit, D C ; Fihla, N B; Fraser-Moleketi, G J; Frolick, C T; Fubbs, J L; Gabanakgosi, P S; Gaum, A H; Gerber, P A; Gigaba, K M N; Gololo, C L; Goniwe, M T; Gore, V C; Gumede, D M; Gumede, M M; Hanekom, D A ; Hendrickse, P A C; Hogan, B A; Holomisa, S P; Huang, S; Jeffery, J H; Johnson, C B; Johnson, M; Jordan, Z P; Kalako, M U; Kasienyane, O R; Kekana, C D; Khoarai, L P; Kholwane, S E; Khumalo, K K; Khumalo, K M; Komphela, B M; Koornhof, G W; Kotwal, Z; Landers, L T; Lekgetho, G; Lekgoro, M M S; Lekota, M G P; Lishivha, T E; Louw, S K; Luthuli, A N; Mabe, L L; Mabena, D C; Madasa, Z L; Madella, A F; Maduma, L D; Magau, K R; Magwanishe, G B; Mahlaba, T L; Mahlangu-Nkabinde, G L; Mahote, S; Maja, S J; Makasi, X C; Maloney, L; Maloyi, P D N; Maluleka, H P; Maluleke, D K; Manana, M N S; Mars, I; Martins, B A D; Mashangoane, P R; Mashigo, R J; Masutha, T M; Mathibela, N F; Matlala, M H; Matsemela, M L; Matsomela, M J J ; Maunye, M M; Mayatula, S M; Mbili, M E; Meruti, M V; Mgabadeli, H C; Mkhize, Z S; Mnguni, B A; Mnyandu, B J; Moatshe, M S; Modisenyane, L J; Mogale, O M; Mogase, I D; Mohamed, I J; Mohlaloga, M R; Mokoena, A D; Molefe, C T; Monareng, O E; Montsitsi, S D; Morutoa, M R; Morwamoche, K W; Mosala, B G; Moss, L N; Moss, M I; Motubatse-Hounkpatin, S D; Mpontshane, A M; Mshudulu, S A; Mthembu, B; Mthethwa, E N; Mzondeki, M J G; Nawa, Z N; Ndlovu, V B; Ndzanga, R A; Nefolovhodwe, P J; Nel, A C; Nene, M J ; Nene, N M; Newhoudt-Druchen, W S; Ngaleka, E; Ngcengwane, N D; Ngcobo, E N N; Ngcobo, N W; Ngele, N J; Ngwenya, M L; Ngwenya, W; Nhlengethwa, D G; Njikelana, S J ; Njobe, M A A; Nkabinde, N C; Nkem- Abonta, E; Nkuna, C; Nogumla, R Z; Ntuli, B M; Ntuli, M M; Ntuli, R S; Ntuli, S B; Nxumalo, S N ; Nyambi, A J; Nzimande, L P M; Oliphant, G G; Padayachie, R L; Pandor, G N M; Phadagi, M G; Phala, M J; Phungula, J P; Pieterse, R D; Radebe, B A; Rajbally, S ; Ramakaba-Lesiea, M M; Ramgobin, M; Ramphele, T D H; Rasmeni, S M; Reid, L R R; Rwexana, S P; Saloojee, E; Schippers, J; Schneemann, G D; Seadimo, M D; Sefularo, M; Sekgobela, P S; September, C C; Shabangu, S; Sibande, M P; Sibanyoni, J B; Siboza, S ; Sigcau , S N; Sikakane, M R; Sithole, D J; Skhosana, W M; Skosana, M B; Skweyiya, Z S T; Smith, V G; Solomon, G; Sotyu, M M; Surty, M E ; Thabethe, E; Tinto, B; Tlake, M F; Tobias, T V; Tolo, L J; Tsenoli, S L; Tshivhase, T J; Tshwete, P; Vadi, I; Van Wyk, A; Vezi, T E; Vos, S C; Wang, Y; Zita, L; Zulu, B Z.
ABSTAIN - 1: Woods, G G.
Question not agreed to.
Amendment accordingly negatived.
(B) Amendment to the Bill by Mr P J Groenewald put, as printed on the Order Paper (p 281), namely:
2. On page 4, from line 34, to omit subsection (2) and to
substitute:
(2) A South African citizen or permanent resident
referred to in subsection (1) must submit to the
Committee an application for registration in the
prescribed form and manner.
Division demanded.
The House divided:
AYES - 30: Blanché, J P I; Camerer, S M; Doman, W P; Farrow, S B; Gibson, D H M; Groenewald, P J; Jankielsohn, R; Julies, I F; Kalyan, S V; Kohler- Barnard, D; Lowe, C M; Masango, S J; Morgan, G R; Mulder, C P; Mulder, P W A; Opperman, S E; Rabie, P J; Sayedali-Shah, M R; Schmidt, H C; Selfe, J; Seremane, W J; Smuts, M; Spies, W D; Swart, P S; Swart, S N; Swathe, M M; Trent, E W; Van Dyk, S M; Waters, M; Weber, H.
NOES - 208: Abram, S; Ainslie, A R; Anthony, T G; Arendse, J D; Asiya, S E; Asmal, A K; Baloyi, M R; Benjamin, J; Beukman, F; Bhengu, F; Bhengu, M J; Bhengu, P; Bici, J; Bloem, D V; Bogopane-Zulu, H I; Bonhomme, T J; Booi, M S; Cachalia, I M; Carrim, Y I; Cele, M A; Chang, E S; Chauke, H P; Chikunga, L S; Combrinck, J J; Cronin, J P; Dambuza, B N; Daniels, P; Davies, R H; Diale, L N; Didiza, A T; Direko, I W; Dithebe, S L; Du Toit, D C ; Fihla, N B; Fraser-Moleketi, G J; Frolick, C T; Fubbs, J L; Gabanakgosi, P S; Gaum, A H; Gerber, P A; Gigaba, K M N; Gololo, C L; Goniwe, M T; Gore, V C; Gumede, D M; Gumede, M M; Hanekom, D A ; Hendrickse, P A C; Hogan, B A; Holomisa, S P; Huang, S; Jeffery, J H; Johnson, C B; Johnson, M; Jordan, Z P; Kalako, M U; Kasienyane, O R; Kekana, C D; Khoarai, L P; Kholwane, S E; Khumalo, K K; Khumalo, K M; Komphela, B M; Koornhof, G W; Kotwal, Z; Landers, L T; Lekgetho, G; Lekgoro, M M S; Lekota, M G P; Lishivha, T E; Louw, S K; Luthuli, A N; Mabe, L L; Mabena, D C; Madasa, Z L; Madella, A F; Maduma, L D; Magau, K R; Magwanishe, G B; Mahlaba, T L; Mahlangu-Nkabinde, G L; Mahote, S; Maja, S J; Makasi, X C; Makgate, M W; Maloney, L; Maloyi, P D N; Maluleka, H P; Maluleke, D K; Manana, M N S; Mars, I; Martins, B A D; Mashangoane, P R; Mashigo, R J; Masutha, T M; Mathibela, N F; Matlala, M H; Matsemela, M L; Matsomela, M J J ; Maunye, M M; Mayatula, S M; Mbili, M E; Meruti, M V; Mgabadeli, H C; Mkhize, Z S; Mnguni, B A; Mnyandu, B J; Moatshe, M S; Modisenyane, L J; Mogale, O M; Mogase, I D; Mohamed, I J; Mohlaloga, M R; Mokoena, A D; Molefe, C T; Monareng, O E; Montsitsi, S D; Morutoa, M R; Morwamoche, K W; Mosala, B G; Moss, L N; Moss, M I; Motubatse-Hounkpatin, S D; Mpontshane, A M; Mshudulu, S A; Mthembu, B; Mthethwa, E N; Mzondeki, M J G; Nawa, Z N; Ndlovu, V B; Ndzanga, R A; Nefolovhodwe, P J; Nel, A C; Nene, M J ; Nene, N M; Newhoudt-Druchen, W S; Ngaleka, E; Ngcengwane, N D; Ngcobo, E N N; Ngcobo, N W; Ngele, N J; Ngwenya, M L; Ngwenya, W; Nhlengethwa, D G; Njikelana, S J ; Njobe, M A A; Nkabinde, N C; Nkem-Abonta, E; Nkuna, C; Nogumla, R Z; Ntuli, B M; Ntuli, M M; Ntuli, R S; Ntuli, S B; Nyambi, A J; Nxumalo, S N ; Nzimande, L P M; Oliphant, G G; Padayachie, R L; Pandor, G N M; Phadagi, M G; Phala, M J; Phungula, J P; Pieterse, R D; Radebe, B A; Rajbally, S ; Ramakaba-Lesiea, M M; Ramgobin, M; Ramphele, T D H; Rasmeni, S M; Reid, L R R; Rwexana, S P; Saloojee, E; Schippers, J; Schneemann, G D; Seadimo, M D; Sefularo, M; Sekgobela, P S; September, C C; Shabangu, S; Sibande, M P; Sibanyoni, J B; Siboza, S ; Sigcau , S N; Sikakane, M R; Sithole, D J; Skhosana, W M; Skosana, M B; Skweyiya, Z S T; Smith, V G; Solomon, G; Sotyu, M M; Surty, M E ; Thabethe, E; Tinto, B; Tlake, M F; Tobias, T V; Tolo, L J; Tsenoli, S L; Tshivhase, T J; Tshwete, P; Vadi, I; Van Wyk, A; Vezi, T E; Vos, S C; Vundisa, S S; Wang, Y; Zita, L; Zulu, B Z.
ABSTAIN - 1: Woods, G G.
Question not agreed to.
Amendment accordingly negatived.
Question put: That the Bill be read a second time.
Division demanded.
The House divided:
AYES - 211: Abram, S; Ainslie, A R; Anthony, T G; Arendse, J D; Asiya, S E; Asmal, A K; Baloyi, M R; Benjamin, J; Beukman, F; Bhengu, F; Bhengu, M J; Bhengu, P; Bici, J; Bloem, D V; Bogopane-Zulu, H I; Bonhomme, T J; Booi, M S; Cachalia, I M; Carrim, Y I; Cele, M A; Chang, E S; Chauke, H P; Chikunga, L S; Combrinck, J J; Cronin, J P; Dambuza, B N; Daniels, P; Davies, R H; Diale, L N; Didiza, A T; Direko, I W; Dithebe, S L; Du Toit, D C ; Fihla, N B; Fraser-Moleketi, G J; Frolick, C T; Fubbs, J L; Gabanakgosi, P S; Gaum, A H; Gerber, P A; Gigaba, K M N; Gololo, C L; Goniwe, M T; Gumede, D M; Gumede, M M; Hendrickse, P A C; Hogan, B A; Holomisa, S P; Huang, S; Jeffery, J H; Johnson, C B; Johnson, M; Jordan, Z P; Kalako, M U; Kasienyane, O R; Kekana, C D; Khoarai, L P; Kholwane, S E; Khumalo, K K; Khumalo, K M; Komphela, B M; Koornhof, G W; Kotwal, Z; Landers, L T; Lekgetho, G; Lekgoro, M M S; Lekota, M G P; Lishivha, T E; Louw, S K; Luthuli, A N; Mabe, L L; Mabena, D C; Madasa, Z L; Madella, A F; Maduma, L D; Magau, K R; Magwanishe, G B; Mahlaba, T L; Mahlangu- Nkabinde, G L; Mahote, S; Maja, S J; Makasi, X C; Makgate, M W; Maloney, L; Maloyi, P D N; Maluleka, H P; Maluleke, D K; Manana, M N S; Mars, I; Martins, B A D; Mashangoane, P R; Mashigo, R J; Masutha, T M; Mathibela, N F; Matlala, M H; Matsemela, M L; Matsomela, M J J ; Maunye, M M; Mayatula, S M; Mbili, M E; Meruti, M V; Mgabadeli, H C; Mkhize, Z S; Mnguni, B A; Mnyandu, B J; Moatshe, M S; Modisenyane, L J; Mogale, O M; Mogase, I D; Mohamed, I J; Mohlaloga, M R; Mokoena, A D; Molefe, C T; Monareng, O E; Montsitsi, S D; Morutoa, M R; Morwamoche, K W; Mosala, B G; Moss, L N; Moss, M I; Motubatse-Hounkpatin, S D; Mpontshane, A M; Mshudulu, S A; Mthembu, B; Mthethwa, E N; Mzondeki, M J G; Nawa, Z N; Ndlovu, V B; Ndzanga, R A; Nefolovhodwe, P J; Nel, A C; Nene, M J ; Nene, N M; Newhoudt-Druchen, W S; Ngaleka, E; Ngcengwane, N D; Ngcobo, E N N; Ngcobo, N W; Ngele, N J; Ngwenya, M L; Ngwenya, W; Nhlengethwa, D G; Njikelana, S J ; Njobe, M A A; Nkabinde, N C; Nkem-Abonta, E; Nkuna, C; Nogumla, R Z; Nonkonyana, M; Ntuli, B M; Ntuli, M M; Ntuli, R S; Ntuli, S B; Nyambi, A J; Nxumalo, S N ; Nzimande, L P M; Oliphant, G G; Padayachie, R L; Pandor, G N M; Phadagi, M G; Phala, M J; Phungula, J P; Pieterse, R D; Radebe, B A; Rajbally, S ; Ramakaba-Lesiea, M M; Ramgobin, M; Ramphele, T D H; Rasmeni, S M; Reid, L R R; Rwexana, S P; Saloojee, E; Schippers, J; Schneemann, G D; Seadimo, M D; Sefularo, M; Sekgobela, P S; September, C C; Shabangu, S; Sibande, M P; Sibanyoni, J B; Siboza, S ; Sigcau , S N; Sikakane, M R; Sithole, D J; Skhosana, W M; Skosana, M B; Skweyiya, Z S T; Smith, V G; Solomon, G; Sotyu, M M; Surty, M E ; Thabethe, E; Tinto, B; Tlake, M F; Tobias, T V; Tolo, L J; Tsenoli, S L; Tshivhase, T J; Tshwete, P; Vadi, I; Van Wyk, A; Vezi, T E; Vos, S C; Vundisa, S S; Wang, Y; Woods, G G; Zita, L; Zulu, B Z.
NOES - 28: Blanché, J P I; Camerer, S M; Doman, W P; Farrow, S B; Gibson, D H M; Groenewald, P J; Jankielsohn, R; Julies, I F; Kalyan, S V; Kohler- Barnard, D; Lowe, C M; Masango, S J; Morgan, G R; Mulder, C P; Mulder, P W A; Opperman, S E; Rabie, P J; Sayedali-Shah, M R; Schmidt, H C; Selfe, J; Seremane, W J; Spies, W D; Swart, S N; Swathe, M M; Trent, E W; Van Dyk, S M; Waters, M; Weber, H.
ABSTAIN - 1: Gore, V C.
Question agreed to.
Bill accordingly read a second time.
WELCOMING OF FOREIGN DELEGATION
The HOUSE CHAIRPERSON (Ms C-S Botha): Hon members, I would like to recognise the Foreign Minister of Belarus and his delegation, who are on a visit to South Africa. They are very welcome. [Applause.]
NATIONAL LAND TRANSPORT TRANSITION AMENDMENT BILL
(Second Reading debate)
The HOUSE CHAIRPERSON (Ms C-S Botha): The Minister of Public Works is standing in for the Minister of Transport. Thank you, hon Minister.
UNGQONGQOSHE WEZEMISEBENZI YOMPHAKATHI: Sihlalo, malungu ahloniphekile ale Ndlu yasesishayamthetho, uMthetho wohlelo lwezokuthutha lukazwelonke lwesikhashana, phecelezi i-National Land Transport Transition Act wabekwa ngonyaka ka-2000 ukuze usebenze kuzo zonke izigaba zikahulumeni.
Okwakusemqoka-ke kulo Mthetho kwakuyisigaba sesikhombisa esasenza ukuthi mhla ka-1 Juni 2002 sikwazi ukuwuqalisa ukusebenza lo Mthetho. Lokho-ke kwakwenziwela ukuthi, njengoMnyango wezokuThutha kazwelonke, sibe sesikwazile ukwenza izincomo nezisekelo zokuthi sikwazi ukunakekela ukuthi izifundazwe nomasipala bakwazi kumbe bakulungele ukuba nabo sebengakha izinhlelo zokuthutha ezindaweni zabo.
Lo Mthetho-ke usiza ekuthini sikwazi ukuguqula isimo sohlelo lwezokuthutha eNingizimu Afrika, ikakhulukazi uhlelo lokuthutha imiphakathi, phecelezi “public transport.” Futhi lo Mthetho usisiza ukuba sikwazi ukwakha uhlelo lokuthutha oluhlangene noluqoqekile, sisebenzise leyo mali esinayo esikhwameni. (Translation of isiZulu paragraphs follows.) [The MINISTER OF PUBLIC WORKS: Chairperson, hon members of the National Assembly, the National Land Transport Transition Act was passed in 2000 so that it works in all government spheres.
What was crucial in this Act was section 7, which enabled us to implement this Act in 1 June 2002. That was done so that, as the national Department of Transport, we would be able to make recommendations and bases by means of which we would be able to see to it that the provincial government and municipalities could also introduce transport programmes in their areas.
This Act enables us to change the transport situation in South Africa, particularly public transport. This Act also enables us to come up with an integrated public programme and use the funds that we have.]
The Act also seeks to ensure that transport planning becomes a fundamental component of development and service delivery through the integration of transport planning and development planning where transport plans become critical components of the Integrated Development Plans, the IDPs, of the local municipalities.
In this regard, the National Land Transport Transition Act requires Integrated Transport Plans at municipal, provincial and national level to be the basis on which transport services are rendered, thus making up public transport. This is aimed at ensuring that public transport responds to the needs of passengers and is not driven by operators’ wishes. The review of the NLTTA, which culminated in the amendments before this House, included a lengthy process of consultation with public transport industry stakeholders.
Among the most critical issues that came out of the consultations were the following: unrealistic and onerous transport planning frameworks for municipalities; the complexity of the National Land Transport Transition Act; the lack of sufficient funding and technical capacity to meet statutory requirements.
The amending Bill states as well in its objectives that it seeks to allow for the implementation of the taxi recapitalisation programme, which has become a very urgent matter. The implementation of this programme is entirely dependent on the finalisation of this Bill under debate today. We have made announcements in the past that the programme will be rolled out in October or November, and we still hope that this will be true and that we will be able to meet this target.
The National Land Transport Transmition Amendment Bill before this House seeks to give national, provincial and local spheres of government effective regulatory and practical mechanisms to fast-track transformation and improvements while also putting safety measures in place for the benefit of the users.
The primary objectives of this amending Bill are as follows: First, it aims to amend the type of vehicles that may be used for public transport by bringing them in line with the new taxi vehicles in anticipation of the taxi recapitalisation programme. In this regard, the Bill seeks to make new provisions in terms of the seating capacity of the minibus, midi-bus and bus, to ensure the smooth roll-out of the taxi recapitalisation programme. Safety considerations play a pivotal aspect in the amendments, as the new taxi vehicles will be required to meet safety standards contemplated in the National Road Act of 1996 and its regulations.
A second objective is the revision and simplification of the Transport Planning Framework. In this regard, the Bill seeks to streamline the current transport planning regime so that appropriate and relevant transport plans are developed, depending on the nature of the movement systems and transport needs within municipalities. The Bill seeks to collapse all the plans contemplated in the principal Act into a single plan called the Integrated Transport Plan. The department is currently in the process of preparing new transport planning regulations which will come into effect once the amending Bill has been promulgated.
Third, the Bill deals with the conveyance of passengers by light delivery vehicles. The conveyance of people by light delivery vehicles has become a major safety challenge in the country, particularly in the rural areas and remote areas such as the Eastern Cape, Limpopo and KwaZulu-Natal. This practice is mainly due to the non-availability of mainstream public transport services such as taxis and buses. The Bill seeks to propose interventions to ensure that the conveyance of passengers by light delivery vehicles is carried out in consideration of proper safety measures. However, the conveyance of people by LDVs should be seen as a short- to medium-term mobility intervention while road infrastructure and maintenance public transport services are being rolled out in those areas.
Fourth, the Bill seeks to extend the subsidised contract period from five to seven years to support small, medium and micro enterprises and black economic empowerment operators. In line with the Black Economic Empowerment Charter, the proposed amending Bill proposes to extend the maximum contract period of negotiated service contracts from five to seven years to allow SMMEs and BEE operators to recoup capital costs and accumulate reasonable returns on their investment.
I want to indicate, hon Chair and members, that through the discussions in the committee, an issue was raised with regard to the tourism industry. I want to report to this House, as happened in the committee, that we are engaging with the tourism industry to collectively find ways of improving the regulatory framework to simplify its operations and allow the industry to grow.
Various issues have been identified as challenges that need our urgent attention, such as the delays operators experience in dealing with licensing boards, and cumbersome procedures when applying for licences. A task team has been set up in this regard between the Department of Transport and the Department of Environmental Affairs and Tourism as well as the tourism industry as a whole to ensure that we can find better ways of dealing with the challenge that was raised in the committee.
Similarly, another challenge that was raised in the committee concerned the resourcing of municipalities in order to ensure that their Integrated Transport Plans can be put into operation. We are aware that some of the municipalities, particularly in the metros, have already developed such Integrated Transport Plans, but the challenge obviously is the resources that are required to ensure that this plan can be put into action. This again is a matter that the Ministry and the department are looking at, to see how best we could assist those municipalities to get adequate resources for their programmes.
I would like to thank the committee chairperson and the members of the committee for their inputs during this process, and hope that the amendments will indeed make our work easier. Thank you very much. [Applause.]
Mr J P CRONIN: Hon Chairperson, I hope that you do better at traffic lights, and that you are more aware of what green and red mean when it comes to them than is the case with the voting here - but I’m sure you do.
Hon Acting Minister of Transport, colleagues and comrades, the principal Act that we are amending today is the most comprehensive legal expression of our ANC-led government’s overall strategic approach to transport in general, and public transport in particular.
At the heart of the principal Act of 2000 is the attempt to ensure that the national and provincial spheres of government develop broad, strategic plans and frameworks, and that the local government sphere then develops comprehensive integrated plans that are in line, obviously, with those broader frameworks.
The principal Act of 2000 also envisages the establishment of transport authorities at the local level. These transport authorities are to be responsible for the local integrated plans – not just for the planning, but also for something that we often don’t do so well, the actual implementation of these plans. We must emphasise this point – the principal Act of 2000 makes the local sphere of government the key catalyst and driver of effective and integrated transport.
The final critical pillar of the 2000 Act is the public transport licensing boards, which are to be established by provinces. These boards issue operating licences to public transport operators. The key point is that these operating licences should be awarded strictly in terms of transport plans. The intention, obviously, is to introduce rationality and economic sustainability into what is often an anarchic situation.
We all know that we have minibuses competing inappropriately with buses on long-haul commuting routes - say from Khayelitsha to Cape Town city centre. It’s unsafe, causes congestion and is fuel-inefficient for minibuses to be running that kind of route. Therefore, it’s not sound business even for the operators themselves. However, their presence on routes of this kind undermines the economic sustainability of the buses that are running on the same route, and we end up, therefore, having to subsidise, operationally, the buses and the rail systems.
Conversely, buses are often doing what minibuses should be doing. If you go to Khayelitsha, you will find that we are subsidising buses running all through the back roads of Khayelitsha. We are subsidising those kinds of routes, making the bus trip from the far end of Khayelitsha to the city centre of Cape Town last for over an hour and sometimes much longer.
Minibuses or even bicycles should be the intratownship shuttles to modern bus and Metrorail stations. The buses and trains should be running along direct, rapid routes and, where possible in the case of buses, dedicated bus lanes. The bus or train trip from Khayelitsha to Cape Town city centre should take 20 minutes, regardless of whether it is rush-hour or not.
In seeking to move in the direction of the integrated, intermodal and planned approach to transport that the original Act of 2000 envisages, we’re not talking about putting existing operators out of business, as they often imagine. We need to plan transport in such a way that minibus operators, bus operators and Metrorail all benefit from town or city systems that work efficiently, safely and rationally as an integrated system.
That means that as much as possible, different operators should not be fighting – often literally in our case - over passengers on the routes themselves. As much as possible, for instance, fair collection should be centralised within and across the entire system and then redistributed to operators according to contractually agreed public transport services rendered.
In an integrated system like this, an injury to one is an injury to all, and to the whole system. But in our present dispensation, an injury to one is a commercial opportunity for another. Taxi associations fight each other, buses are shot at, and there is even evidence of rail signalling systems being sabotaged to draw passengers onto minibuses.
Integration of modes is not just something that should be done in plans or through revenue distribution or regulatory compulsion - all of those are important. However, we also need to get rail, bus and minibus operators to be thinking of themselves as public transport operators and, therefore, where this is feasible, we should be looking to encourage them to form intermodal consortiums where rail operators have a stake in the minibus sector or bus operations. Conversely, today’s minibus operators are also shareholders in the local rail or bus system.
This is not all dreaming. The portfolio committee recently undertook a study tour to Latin America, and the emancipating, if rather sad, fact that we discovered there is that taxi violence is not unique to South Africa at all. Taxi and small bus violence and general lawlessness, with mafia-type warlord structures in control, has been endemic in many Latin American towns and cities. The good news is that in at least some of these cities in Latin America, they have substantially turned the situation around.
The basis for this turnaround is precisely the kinds of things we were talking about – proper transport planning, the integration of different modes into a single system, revenue collection and sharing across the system, the formation of transport consortiums in which the former informal sector operators become participating shareholders in a rail or bus system, with good municipal, public oversight and regulation. It’s possible, but to achieve this we must really begin to drive the implementation of the National Land Transport Transition Act and the enabling amendments that we are seeking to pass today. This principal Act was passed in 2000. Unfortunately, many of its key pillars remain unimplemented. In particular, the 2000 Act envisaged metro and municipal transport authorities. As we speak now, there is only one transport authority in existence – in eThekwini - and that transport authority is stymied by a lack of financial resourcing.
Why the slowness in implementation? As the Acting Minister said, there have been many problems. One of them is that the original planning process envisaged was far too cumbersome. In today’s amendments we are trying to streamline that and we hope that this will help. However, the main hesitation in establishing transport authorities at the local level is primarily a concern about funding. This is not an illegitimate concern.
If local sphere transport authorities are to be able to implement their integrated transport plans, then considerable resources that we are currently budgeting for public transport need to be devolved down to this level, where possible. We are spending over R5 billion a year on operating subsidies for buses and trains. Those matters are administered provincially or nationally, and often with not much understanding of the local plan.
We also have the taxi recapitalisation programme. I have been in Parliament since 1999. Since 1999, the taxi recapitalisation programme has been said to be imminent – it’s about to be rolled out. As the ANC study group, we have always supported the broad objectives of the taxi recapitalisation programme, but we have also consistently raised concerns around its unimodal, top-down and often somewhat technocratic tendencies.
In our interactions with the department we are pleased to say that we have been able, somewhat, to influence our colleagues, and they have always been ready to listen to our concerns. However, as we speak, the taxi recapitalisation programme remains a major challenge. We are proposing to spend some R7,7 billion of public money, and yet the intended primary beneficiaries are clamouring against this very programme. So there must be something wrong here.
Some of the reasons for the opposition are narrowly self-interested and opportunistic. But other concerns are frankly more valid. None of us is really sure about the long-term economic sustainability for the great majority of present operators. Getting a R50 000 scrapping allowance for an old vehicle, and then getting into debt, as you will when acquiring a new vehicle, while still working within the same irrational operating environment, may very well see many of the operators go under, or government having to then, in five years time, start another recapitalisation programme.
The taxi recapitalisation programme, which we support in principle, must be integrated into the vision, heart and soul of the National Land Transport Transition Act and this amending Bill. In other words, it mustn’t be implemented as a standalone project – a project just about taxis. The money that we are proposing to use for it must be pooled into a common public transport recapitalisation process that is driven according to local realities, local needs, local stakeholder capacities and, above all, local consultation and participation.
This is the approach that our own White Paper basically envisages, and we think this is the spirit of the National Land Transport Transition Act and this amending Bill, which calls for the driving and integration of public transport and, therefore, its funding, to be devolved as much as possible to the local level. For these reasons, the ANC supports the National Land Transport Transition Amendment Bill. Thank you, Chairperson. [Applause.]
Mr S B FARROW: Chairperson, the original National Land Transport Transition Act was passed in August 2000, and the Bill before us has identified some if not all of the constraining clauses and amended them in a manner that addresses the needs of the taxi, bus and tourism industry as a whole, which was elaborated on by Mr Cronin.
During the passage of this amending Bill, first through the NCOP and latterly through the Portfolio Committee on Transport, members learnt a great deal about this legislation and its regulations, but more importantly, about the industry that struggles to comply with this Act.
As normal Mr Cronin, the hon chairperson, ensured maximum participation and he also recognised, through the committee, the constraints that the industry faces in making application to operating licensing boards.
However, one would have thought that the departmental officials should have done the same exercise, for although the committee reached consensus on most of the amendments – in fact 90% of them - one requested for inclusion which originally appeared in the founding Act was not agreed to, namely clause 21. This clause deals with the amendment of an operating licence when an operator wishes to replace a specified vehicle.
Having read submitted comments from many organisations on this amending Bill, like the Southern Africa Bus Operators Association, the Coach Operators Association of Southern Africa, the Southern Africa Tourism Services Association as well as a 29-page report from the Western Cape Standing Committee and the provincial departments of transport, the reoccurring comment that keeps coming through is that the principal Act had long passed its sell-by date, and what was needed now was a new transport Act that addressed the needs of the industry as we see it today. Tourism transport was of particular concern in this Bill, as this sector of transport provides the wheels for our valuable tourism industry, and they will play a pivotal and major role in 2010. Yet this sector was hardly addressed in the original Act, which concentrated on the commuter industry and especially the minibus-taxi industry.
It is important to let this House know that it takes at least 18 months, and often much longer, for a tour operator to be issued with a tourism operating licence. So who in their right mind would want to invest in this industry, knowing that any capital assets purchased beforehand would have to sit idle for this length of time before any return can be made?
Furthermore, if a tour operator buys a new vehicle and, as often happens, the new vehicle has even one extra seat, the operator has to make a new application to the Operating Licence Board and again wait 18 months or longer for the application process to slowly make a decision. Delays of many months for operators to be granted operating licences and interprovincial authorities are preventing tourism growth, job creation, and spreading the tourism dollar to rural areas.
There is an urgent need to address the Act’s licensing process. I trust the hon Minister will take heed of this problem, which is contained in the separate report from the portfolio committee. It was pleasing to note that the Department of Trade and Industry’s tourism sector strategy document and the Deputy President’s Accelerated and Shared Growth Initiative for South Africa, Asgisa, both require the Department of Transport to review this Act with respect to tourism transport, and to remove obstacles that are hindering tourism growth.
I am further pleased to learn that the Department of Environmental Affairs and Tourism has initiated meetings with the Department of Transport that have resulted in bringing together the various tourism bodies to form a steering committee to recommend changes to this Act. Four weeks ago a technical task team was formed to propose these changes and report back to the steering committee tomorrow. Their recommendations could have further ramifications for this Bill.
Clause 21 currently says a replacement vehicle must have the same or less fewer. This clause was raised in this Bill because the Department of Transport proposed removing the permission for fewer seats, which would have meant that a replacement vehicle would have had to have the identical number of seats as the vehicle it replaced.
All the stakeholders, including the Western Cape Standing Committee on Transport, motivated for not accepting the amendment and further proposed the reintroduction of the previous 20% upward variance for tourism replacement vehicles. This was requested only for tourism vehicles and yet the requests were turned down by the Department of Transport. The reasons given were that if they included it this would be seen as favouritism to this sector and therefore discriminatory and, even more disturbing, that insufficient research had been undertaken to consider it in the time available.
This is a decision which I believe is short-sighted, especially since the manufacturers dictate seating changes with new models. Unlike the commuter industry, where the maximum seating capacity is the norm, the seating variance for tourism vehicles is not a capacity issue, but rather one of replacing a vehicle with one of similar seating capacity when the original seating size is not available.
I would therefore urge the Minister to intervene regarding clause 21 and to bring some sense into the replacement vehicle situation. After all, an old vehicle being replaced should be encouraged as this will ultimately mean better safety, better service and a better opportunity for upward movement into an industry which is growing daily and which is a major contributor to our economy.
As the Soccer World Cup looms, we cannot afford to allow red tape to hamper something like this, which legislation could easily, adequately and safely have dealt with.
Under the circumstances, Minister, the DA will unfortunately have to note its objection to the exclusion of that specific clause. Thank you.
Mr T E VEZI: Madam Deputy Speaker, when Parliament passed the original National Land Transport Transition Act in 2000, concerns were raised that while legislation for land transport was urgently needed, that piece of legislation failed to address many of the transport challenges in South Africa. In some respects it was feared that the Act would be very difficult to implement. It seems that many of those fears have since been realised.
In 2002, government realised that implementation of the Act was proving to be too difficult, and ordered an investigation into the factors that were slowing down the implementation. Four years later, the amending Bill is now before this House to try and fix some of the most problematic areas. It has therefore taken government and the Department of Transport more than six years to realise that the principal Act was flawed, and had to be returned to Parliament for corrective action.
Notwithstanding our criticism, the IFP supports the provision that the completion of the Integrated Transport Plan will be the only statutory requirement for planning authorities, as it will ease the burden imposed on them by the principal Act. This simpler planning framework for districts and local municipalities is supported, as it will tap into the resources and capacity available at those levels.
The IFP, however, laments the fact that those bakkie operators who are currently rendering valuable services to our communities by transporting our children and grandchildren to schools are in fact breaking the law as I speak. These are mostly retired people and some of them were retrenched from all sectors of the community, who saved their hard-earned money to come and render a service to their poor communities.
The IFP also supports the provision for those adapted light delivery vehicles for public passenger road transport services in the areas where public transport infrastructure is lacking or inadequate. Many thousands of people in the rural areas will benefit from this provision. We also welcome the provision that the relevant MEC may set conditions for those vehicles to be provided. One of these should be the consideration of public safety at all times.
Finally, the IFP supports the amendment of the principal Act to the effect that those boards must be informed of the sale or change of ownership of a public transport vehicle to which an operating permit relates. This will further regulate and tighten the legal requirements relating to operators and should decrease the level of lawlessness in certain transport sectors. The IFP supports the Bill. Thank you. Mr S A MSHUDULU: Madam Deputy Speaker, today marks the era in which we must celebrate the women’s struggle. By standing here, I vote for the ANC in terms of these amendments being effected.
It is important to note that transport is said to be a function derived from the social and economic needs of communities. This Bill is intended to make sure their demands are met in a very safe and reliable way in order to ensure efficiency, accessibility and mobility, and economic and environmental sustainability.
It is also important to stick to the ANC tradition of honouring its fallen heroes. We have to dedicate today’s debate to the late Minister Dullah Omar. We also need to pay tribute komama abafana nabo [to women like] Charlotte Maxeke, as well as to Mam’ uNgoyi, who came from my constituency in Evaton.
We note that as the democratic government, led by the ANC, has produced a range of policies, we need to find a way of how best we can address them. It is important that our government is committed to the transformation of the transport system, against the backdrop of transportation in this country not having been meant to serve the poor.
Government has also committed itself, as is the case today, to an integrated transport planning framework and to providing transport infrastructure in an environmentally sustainable manner that promotes economic activity and addresses the social and economic deprivation of those in rural areas.
It is important, against this backdrop, to take note that a study was commissioned, which was called the Palmer Report. This gave evidence of the need for these amendments. The review of transport planning is as a result of this study. This also led to a need for the extension of time limits as effected in these amendments. The study also showed the need for realistic integrated development plans – IDPs - which should be understood by us to mean that no budget will be passed if it does not reflect the needs on the ground.
Municipal IDPs should also be reflected in the provincial transport needs. They must also ensure that municipal plans give priority to the integrated approach that reflects all government departments that are affected.
There is also the intention to simplify the Act as it stands. It was clarified earlier that the Act, as it stands, had some ambiguity, as it was difficult for ordinary people to translate. Hence, there is the amendment in terms of the revision and simplification of the principles of transport planning that are underpinned by a people-centred and integrated approach.
Here the Bill also provides the condition, mentioned earlier, that only the completion of the integrated transport plan will meet the statutory requirement for planning. This process will, further, build capacity both at the national and local level through simplified plans that will be specific, measurable, achievable, time bound, realistic, efficient, effective and economic. Hence, district and local municipalities will be empowered.
I must also emphasise that as I come from the Vaal …
… hore hlakiso e teng kajeno ke ya hore, lona batho ba Lekwa le ba Gauteng le ba bang, diphetoho tsena tsa kajeno di ananela bohlokwa ba hore leano la bomasepala ho tsa ditsela le tsamaiso, di amane le maano a porovensi ho tsa ditsela. Re boele re toboketse bohlokwa ba karolo e lokelang hore e nkuwe ke setjhaba, haholo ha ho etsuwa diIDP.
Re ntse re hopola hore diphetoho tsena di etsahala ka nako eo e leng hore re qeta ho kgetha dikomiti tsa diwate tseo e leng hore di a rupellwa hore di tsebe hore ha ho etsuwa diIDP, ha re ye feela mane ebe re dumela feela. Re hopole hape hore jwaloka ha re tswa dibakeng tse kang Evaton, e le urban renewal, hore mmuso wa rona ha o kgetha nouto – node - o etsa ntho eo ka sekgowa e bitswang road network. Ena ke yona ntho ebang mooko wa ho etsa ntlafatso ya dikgwebo le ntjhafatso ya bodulo, le hore ke ka ditsela feela moo batho ba ka kgonang ho fihlela moo ba batlang ho ya teng. E boele hape e re hlakisetse hore tshebediso ya molao ona oo re o fetolang kajeno ke yona e tla bontshang hore ANC ha e ne e voutelwa selemong sa ho feta le selemong sena, e ile ya tshepisa hore ditsela tsa apartheid, e leng kgethollo, di tla kgona hore di lokiswe. Re hopole hore taba ya … (Translation of Sesotho paragraphs follows.)
[… the clarification being made here today is for the people from the Vaal and Gauteng, as well as other places, the changes that have been effected today indicate the importance of municipal plans with regard to infrastructure and transport, and that these plans are aligned with those of the province. We must also emphasise the importance of the role that our communities need to play, especially when IDPs are made.
We are cognisant of the fact that these changes are happening at a time when we have just elected ward committees, that are being trained to know that when making IDPs we don’t just go there and consent to everything. We must also remember , as people who come from places such as Evaton - which is an urban renewal project – that when our government chooses a node, it is carrying out what is known as a road network. This is essential for the development of businesses and housing, because it is only through the use of roads that people are able to travel to wherever they want to go.
It further gives us clarification that the implementation of this legislation that is being amended today will show that when the ANC was voted for last year, and this year as well, it made the promise that all the apartheid mistakes, including discrimination, would be rectified. We must note that the issue of …]
… spatial development, which remains a challenge today, can only be addressed by this legislation which is intended also to bring parity. For instance, reference to core cities has been removed in order to make sure that South Africa treats its cities on an equal basis, because if you make reference to core cities you indirectly say that other cities do not have the potential to grow.
This happens at a time, this morning, when the nine cities that will be hosting the 2010 World Cup have been giving an account of their state of readiness. What has been central to their presentations, in whatever plans they have, has been their road infrastructure: how best it should be addressed; for instance, traffic jams and accessibility to those areas of interest. We also note that in the rural areas, ordinary people cannot access their very basic needs because of the absence of road infrastructure.
The direction that has been taken by the ANC government in making sure that investment in infrastructure addresses the imbalances of the past is in order. On behalf of the ANC, I vote for this Bill, and I believe that even those who have reservations may need time for empowerment towards understanding what this Bill is intended to do. I thank you. [Applause.] Ms N C NKABINDE: Madam Speaker and hon members, the Bill before us makes a number of textual corrections and amendments regarding the definition of association, and specifies the types of vehicles that may be used for public transport in line with the new taxi vehicles. In addition, certain extensions to time limits, duties of operating licence holders, and the functions of the Minister, MEC and operating licence boards are provided for.
One of the most important amendments that has a direct practical impact on many South African commuters is the new provision that allows for the use of light delivery vehicles for the conveyance of passengers, where no other public transport is available, and with specific conditions. This is a long overdue measure that finally addresses the reality in many remote rural areas where poor communities rely on light delivery vehicles as the only form of transport available and practical for the road conditions.
A much greater concern the continuing reports of lack of implementation of the laws. We appeal to the department to ensure that the officials tasked with the enforcement of transport laws actually do so. [Time expired.]
Ms M M MDLALOSE: Deputy Speaker, a well-developed transport infrastructure is a critical element for the advancement of the socioeconomic rights of the poor and the marginalised. Land transport infrastructure is hence a central element that allows for easy access to basic services for the underprivileged.
This amending Bill is therefore a critical instrument for the improvement of the quality of life of the previously disadvantaged. Today the public transport system is still fragmented, unsafe and unreliable. Low maintenance and upgrading of signalling systems of the commuter rail service have led to accidents and general interruptions of regular operating systems. Buses and taxis are similarly unsafe and require workable strategic interventions.
In relation to the above, the recapitalisation plan for the scrapping of old minibus taxis and replacing them with new modern vehicles is still haunting us. While this is a sound plan, affordability is a crucial element that might slow down the process of implementing this plan. The issue of affordability has to be revisited if we intend avoiding backlogs prior to 2010.
At this stage we have to realise that some legislation … [Time expired.] Nadeco supports the amending Bill.
Mr S N SWART: Deputy Speaker, the ACDP broadly supports the set of proposals in relation to the taxi recapitalisation programme and provisions intended to effectively regulate the taxi industry.
There also can be no doubt that legislation is necessary to regulate the use of light delivery vehicles or bakkies as a means of public transport in rural areas. In order to protect the safety of passengers, many of whom are schoolgoing children, the ACDP welcomes the fact that bakkies, up to now illegally used for public transport, will have to be registered and adapted. Regulations will determine safety specifications, such as fitted seats, safety belts and canopies of sufficient height. These LDVs will be restricted to areas where no other form of public transport is possible.
In view of the high accident rate and the precarious financial situation of the Road Accident Fund, the ACDP supports every attempt to enhance the safety of commuters and to reduce the number of road accidents and injuries suffered by passengers. The ACDP will accordingly support this Bill. I thank you.
Ms S RAJBALLY: Deputy Speaker, the MF agrees with the provisions of this Bill and the intention to bring under statute the management, maintenance and control of land transport nationally. However, we express our great concern in view of the taxi recapitalisation programme. The Cape Amalgamated Taxi Association, the KwaZulu-Natal Transport Alliance and the Johannesburg Top Six Taxi Management are threatening to strike with violence and blockades, if they are not offered a better security on the timeframe, procedures and benefits of the transitions in the taxi industry.
With the security strikes fresh in our minds, the MF calls for all concerns of those with careers in the taxi industry to be addressed, before these threats turn into reality. Many of the drivers are expressing concern as to how long they would have to wait for the new vehicles, once they have scrapped the old ones. A valid concern is that they would potentially have to wait for months and that would mean no income for that period.
The Bill clearly prescribes government’s intentions for the management of land transport and while we see the benefits in municipal management, this concern is expressed in making transport more accessible in the rural areas. Safety is another serious issue, especially on trains. With the new Gautrain, our train service will require security systems and security guards to ensure the safety of passengers. The MF supports the Bill.
Mr O M MOGALE: Deputy Speaker, hon Ministers and members, I rise to support the amending Bill on behalf of the ANC. This amendment is a very important amendment. In the amended section 31 of the principal Act we are now creating the possibility and opportunity for light delivery vehicles or bakkies to be legally recognised under defined circumstances as a vehicle that can be used for public transport.
First we need to provide some background on the principal Act. The National Land Transport Transition Act of 2000 does not make any provision for LDVs, for purposes of public transport. We accept that in theory these vehicles were not originally designed for public transport. However, in practice, and notwithstanding what the principal Act says, LDVs or so-called bakkies are widely used for public transport.
Mo dingweng tsa diporofense tse di nang le metseselegae e mentsi thata kgotsa tse metseselegae ya tsona e leng kgakala thata, go dirisiwa tsona dibaki tse, go nna dinamelwa tsa botlhe. Dilo tse di tlhalositswe thata ke National Housing Travel Survey ya 2000. E lemogisitse thata gore kwa porofenseng ya Kapa Botlhaba, bapalami ba ka nna 5% ba kwa Qenthane, Teko Springs, Mqanduli, Nqamakwe ba dirisa dibaki jaaka dinamelwa tsa botlhe.
Dipatlisiso tsa National Housing Travel Survey di bontsha gore dibaki, go latela dithekisiaxi, ke lenaneo la bobedi kwa Kapa Botlhaba le le dirisiwang jaaka dinamelwa tsa botlhe go gaisa dibese le diterena. Kwa KwaZulu-Natal kwa mafelong a tshwana le Ingwavuma, Kwa-Ngwanaze le Mzimkulu, 3% ya dinamelwa di dirisa dibaki jaaka dinamelwa tsa botlhe. [Setshego.]
Dipatlisiso di bontsha gore kwa Limpopo le kwa Bokone Bophirima dibaki di a dirisiwa le fa e se go tshwana le kwa diporofenseng tse pedi tse ke buileng ka tsona kwa godimo. Kwa Kapa Bokone mo ditulong di tshwana le Heuningvlei, Tshowe, Bendel go diriswa dibaki jaaka dinamelwa tsa botlhe. (Translation of Setswana paragraphs follows.)
[In some of the provinces with more rural areas or with rural areas that are far apart from one another, these bakkies are used as public transport. These findings were made by the National Housing Travel Survey of 2000. It highlighted the fact that in the Eastern Cape province in villages such as Ketani, Teko Springs, Mgqaduli and Nqamakwe, 5% of passengers use these bakkies as public transport.
Furthermore, the National Housing Travel Survey shows that bakkies are used as the second means of public transport following taxis but are used more than buses and trains in the Eastern Cape. In KwaZulu-Natal 3% of the passengers use bakkies as public transport in places such as Ingwavuma, Kwa- Ngwanaze and Mzimkulu. [Laughter.]
The findings show that passengers in Limpopo and North West provinces use bakkies as public transport even though it is not the same as in the other two provinces mentioned earlier. In the North West province, places using bakkies as public transport are Heuningvlei, Tshowe and Bendel.]
Earlier this year, a major provincial transport summit was convened in the Eastern Cape and one of the key resolutions of this summit was to call on the national Parliament to amend the principal Act, in regard to LDVs, recognising the reality on the ground in provinces such as the Eastern Cape. This is to show that we are certainly very sympathetic to this call and we have responded to it in this amending Bill. Why is the use of bakkies so widespread in some provinces? The answer is quite simple. In some provinces, particularly those which formed part of the Bantustans, the road infrastructure is exceedingly poor. Many roads are not tarred and access is impossible for most vehicles, including minibuses. Obviously, we must, as a priority, seek to greatly improve our entire road infrastructure. But we cannot say to rural communities that until such time that they have a road infrastructure that is accessible to minibuses, they are not allowed to have any form of public transport.
Bakkies are also used in many of these areas because of their great adaptability. We are often talking about remote areas in which there is a small daily flow of people from farms to local towns and back. Rural people have the right to mobility but it may not be commercially viable to run transport services only focused on transporting people.
Bakkies can be used as localised transport. They double up to take produce and livestock to the market and do small freight deliveries. Under the conditions that prevail in rural South Africa, this may be the only way in which we can show that there is a commercially viable public service system for hundreds of our people.
Without being too generous about this amendment, this mode of transport can also assist small operators, who find themselves unemployed because of the economic situation. My neighbour used to work on the mines in Stilfontein and he was then retrenched. I have seen that he is making ends meet by taking children to school and is able to earn a living from the money that he receives from other people.
If rural and other people are entitled to mobility as a right, that mobility must also be as safe and comfortable as possible. For these reasons we are not being simplistic but we are qualifying why we want to legalise bakkies for public transport.
In conclusion, you will remember that in September 2004 a speeding bakkie carrying learners to school spun out of control in Amalindhi in the Eastern Cape, resulting in the tragic death of six learners and causing several injuries. May their souls rest in peace. After that accident traffic officials went on the rampage and clamped down on bakkies, resulting in large sections of the rural population being left stranded. Schoolchildren could not get to school and were particularly hard hit. This was as a result of the school being far away or due to rainy conditions, and many pupils stopped attending school.
Just because we have recognised the role played by bakkies in public transport does not mean that anything goes. Nor does it mean that anyone may operate a bakkie for public transport, regardless of the suitability of the vehicle for the job.
The Bill empowers MECs to declare areas where bakkies may be legally used as a means of public passenger transport, provided the vehicle is adapted to acceptable safety standards in compliance with the National Road Traffic Act of 1996. In other words, the whole question of light delivery vehicles and public transport needs to be seen in a broader context of our overall approach to public transport. The principal Act is being amended today to ensure that public transport is driven by effective municipal sphere planning within the context of provincial and national public transport frameworks.
Finally, for the foreseeable future bakkies will continue to have a place within our public transport system, especially in rural areas. It is of no use pretending that this is not the case, but the recognition of the role of bakkies in public transport does not mean that anyone can just get bakkie, get into it and get onto the road and claim to be assisting in public transport. As the ANC we hope that the MECs in provinces where there is a significant use of bakkies will now take up the challenge of driving and empowering but also ensure that the effective regulation of bakkies will be brought into a broader dispensation of safe, affordable and reliable public transport. The ANC supports the amending Bill. Thank you. [Applause.]
The MINISTER OF PUBLIC WORKS: Deputy Speaker, hon members, I would like, firstly, to thank all the members for their participation in this debate, as well as the inputs that they have made, which we will have to consider as the department with regard to other matters, some of which arise from the Bill while others are general transport issues.
It is very clear, from the inputs and discussions by hon members, that we were correct even in the beginning by ensuring that we put this principal Act into place to ensure that, indeed, the manner in which we plan an integrated transport planning framework to ensure that, indeed, various spheres of government can undertake an integrated transport plan, is correct.
Obviously, in the implementation of this Act, after its promulgation, certain realities have emerged which have required these amendments, as members have indicated. I would like to indicate, chairperson of the portfolio committee, that indeed one of the challenges that continues to face us is in relation to the implementation of this Act. It is clear that if we were to implement it, together with the amendments that have been made, we could achieve a better public transport system in our country.
I would also like to say that if hon members have been following the debates that are taking place here in Cape Town, in the Conference to the Global Environmental Facility, it highlights the importance of a public transport system that is efficient and its contribution in reducing the emissions to prevent the escalation of the destruction of the ozone layer. So, collectively, as we look at this legislation we also need to be mindful of what the benefits are that we can achieve if we are to have a better, efficient public transport system.
I would also like to note the concerns that have been raised by hon Farrow regarding tourism transport. As I indicated earlier in my speech, having listened to the committee and the concerns that were raised, we indeed set up a task team to ensure that we investigate this matter and I am sure that if the task team were to require that we amend this Act further, we will be able to do so.
Therefore, I would like to allay your fears, hon member. As a department and as a government we are indeed sensitive to the issues that have been raised, even if they come from the opposition, because opposition members here in Parliament are also members of South African society.
We have also noted the issues raised with regard to the implementation of the taxi recapitalisation.
Chairperson, I also noted the timeframes that you have indicated regarding the implementation of this Act. You yourself and other members have also indicated the complexity with regard to this programme. However, we all understand that the rationale for this taxi recapitalisation was also to try to address the safety question, particularly in the minibus system in our country.
I can indicate that as the government and the Ministry of Transport we will always seek ways in which we can improve the safety system and also ensure that as far as possible we minimise the unintended consequences that may arise from the taxi recapitalisation.
I would also like to assure members that we are continuously engaging the various stakeholders to try as far as possible to avoid any strike, so that we can find one another on how we should deal with these problems.
Again, in this amendment we are trying to simplify some bureaucracy with regard to the implementation of the Act, and I hope, hon members, we will make sure that as we continue to implement these amendments as well as the principal Act we will do so supported by yourselves.
Ngingasho-ke, nine bekunene, kutsi impela singulohulumende loholwa yi-ANC, siyati kutsi letinye tintfo letentiwa lubandlululo kadzeni kwakungesiko nje kutsi basehlukanisa ngekwelibala nome ngekwetindzawo tekuhlala; kepha nendlela nje, luhlelo lwekuhlala kwebantfu nelwekuhamba kwabo nabaya emisebentini nalapho bafuna kuya khona, lwaluvele luhlelwe ngendlela lengafanani – leyenta labanye babencono kunalabanye. Ngako lomtsetfo utasisita ekutseni sikhone kuhlengahlengisa nalendlela lesasihleliswe ngayo.
Babe Mpontshane, ngibonile kutsi ngesikhatsi umfowetfu akhuluma lapha awukamuva kutsi utsini. Wavele wacabanga kutsi; hawu nangu asabala boNgwanase, sekwente njani? Bekenta sibonelo, sekutsi tindzawo letifana naboNgwanase naboCentane lapho siye satfola kh ona kutsi bantfu basasebentisa emabhaki ekutfutseni bantfu.
Loku kusabonisa kona kutsi ngisho nesimo setindlela asikakulungeli kutsi letitfutsi lesitibona lapha emadolobheni tikhone kufika nasemakhaya. Ngiko nje natsi sitsite nasilungalungisa lomtsetfo satsi kuhle sibuke kwekutsi siyabavumela nalabantfu labanemabhaki kutsi bakwati kutsi babe semtsetfweni, kwesikhashana, kuze lomsebenti labetama kuwenta – ngobe phela basita tsine hulumende – kutsi sikwati kufika lapho singakakwati kufika khona.
Ngiyabonga kakhulu Sekela Somlomo. Ngibonge nemalunga aleNdlu kutsi asisekele kulomtsetfo. [Kwaphela sikhatsi.] [Tandla.] (Translation of Siswati paragraphs follows.)
[I can honestly say, therefore, ladies and gentlemen, that as an ANC-led government, we are aware that the wrongs of the past perpetrated by the apartheid government were not limited to racial segregation but extended to inequalities with regard to dwelling areas and transportation, to work and to other places of interest. The Bill will therefore help us re-arrange things and the dwelling set up.
Mr Mpontshane, I also noticed, when our brother was speaking, that you may not have understood what was being said. You seemed surprised when he mentioned Ngwanase. He was giving an example of some of the areas such as Ngwanase and Centane, as places where bakkies are still being used to transport people.
This is also an indication that the condition of the roads in these areas is such that they cannot support all modes of transportation as used in the urbanised areas. That is the why, when we drafted this Bill, we found it necessary to allow people to continue to use bakkies lawfully as a temporary mode of transport, seeing that they are in fact assisting us as government.
Madam Deputy Speaker, I thank you and the members of this House for supporting this Bill. [Time expired.] [Applause.]]
Debate concluded.
Bill read a second time (Democratic Alliance dissenting).
The DEPUTY SPEAKER: Order! The Bill will now be referred to the NCOP for consideration.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON FINANCE – BUDGET VOTE NO 8 – NATIONAL TREASURY
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON FINANCE – BUDGET VOTE NO 13 - STATISTICS SOUTH AFRICA
Mr N M NENE: Madam Deputy Speaker, hon members, in the ATCs of 7 June 2006 on pages 1267 and 1276, respectively, the reports of the Portfolio Committee on Finance on Budget Votes 8 and 13, which are National Treasury and Statistics South Africa, were tabled for consideration by this House.
In considering these Budget Votes, this House only passed the budgets for the departments. Since these reports contained some recommendations from the committee, I wish to recommit these reports to this House for consideration and adoption.
To highlight what was contained in the recommendations, one must touch on a few things. In the report on the National Treasury the two recommendations were, firstly, that the National Treasury must submit a progress report on the implementation of the neighbourhood development plan to the committee in good time, and, secondly, that the National Treasury must provide a comprehensive report on the state of the internal auditing and risk management within government departments.
In the report on Statistics South Africa, we said that Stats SA must ensure that information generated by the community survey will provide an effective database and information trends, particularly at ward level. We also said that Stats SA must continue with the development of an appropriate operational definition of poverty that will promote effective delivery.
Thirdly, Stats SA must ensure that human resource management is not allowed to shift back to its former ineffectiveness. Fourthly, Stats SA must develop a strategic plan to ensure that the necessary skills are retained and developed within the organisation. Lastly, Stats SA must brief the committee within six months after the tabling of this report on progress with respect to the implementation of the 2006-07 Strategic Plan.
Madam Deputy Speaker, I present these reports for consideration and adoption by this House. Thank you. [Applause.]
There was no debate.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Madam Deputy Speaker, I move:
That the Reports be adopted.
Motion agreed to. Reports accordingly adopted.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON ENVIRONMENTAL AFFAIRS AND TOURISM – JOINT STRATEGIC PLANNING WORKSHOP WITH DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM, PUBLIC ENTITIES AND SELECT COMMITTEE ON LAND AND ENVIRONMENTAL AFFAIRS
Mr L ZITA: Madam Deputy Speaker, colleagues, on 13 to 14 March this year, the Portfolio Committee on Environmental Affairs and Tourism and the Select Committee on Land and Environmental Affairs held a joint workshop with the department at the Lord Charles Hotel in Somerset West.
The aim of the workshop was to look at the strategic priorities of the department and its public entities for the 2006-07 financial year. Opening the workshop, Minister Van Schalkwyk identified the challenges as the finalisation of the new environmental impact assessment regulations, keeping climate change and national responses at the centre of the domestic and international agenda, as well as strengthening compliance and enforcement capacity for the regulatory regime of the Department of Environmental Affairs and Tourism.
He also identified the need to unlock the potential of the transfrontier conservation areas. In his view it is critical for the country to build on the momentum of the major growth achievements in the tourism sector, and to link these to the preparations for the 2010 Soccer World Cup.
With regard to the Administration and Support Programme, the Director- General, Ms Pam Yako, identified the implementation of black economic empowerment scorecards, investment in skills development, together with the development of the staff retention strategy and stakeholders’ engagement, as some of the critical challenges for the department.
An important challenge would be to increase the employment of people with disabilities to at least 2% and increase the procurement of women in small and medium enterprises to 26%.
The Environmental Quality and Production Programme seeks to establish a comprehensive programme to support provincial and local government capacity with regard to environmental matters, and evaluate the impact of plastic bag legislation. It seeks to impose penalties on dangerous pollutants, which could include the review of the permits of major polluting industries as well as to do work on long-term scenario planning on climate change.
The Biodiversity and Conservation Programme seeks intends to finalise the management framework for genetically modified organisms as well as develop norms and standards for the hunting industry and the management of elephants in South Africa. It will also address the regulation of threatened, protected, aliens and invasive species; and declare new national parks on the wild coast and in the Blyde River Canyon.
The Marine and Coastal Management Programme will oversee the programme of coastal management and finalisation of the aquaculture policy. The challenge in the tourism sector is the facilitation of tourist safety and security and building of a tourism-friendly nation. To this end there is a plan to support local government to grow the tourism sector in nine priority areas, and implement broad-based black economic empowerment in the sector.
The South African Grading Council will monitor government procurement of graded establishments and accelerate the grading of conference venues.
The Tourism, Hospitality and Sport Education and Training Authority has submitted 30 new qualifications to the South African Qualifications Authority and is conducting research on scarce and critical skills in the industry.
South African National Parks plans to implement an infrastructure development programme and to finalise a tourism model and brand strategy. The South African National Botanical Institute seeks to legislate coherence in relation to genetically modified organisms, bio prospecting, threatened species, ecosystems, and to collect taxonomy and build the future for our natural history.
The Greater St Lucia Wetland Park has revised its commercial strategy focusing on public access, refurbishment of existing parks and new investments, and also to address land claims.
The workshop was a good platform to evaluate past achievements and challenges for the 2006-07 financial priorities, but there was not enough time to get to the details of the issues. The workshop could not address compliance and implementation of international instruments, particularly with regard to climate and biodiversity.
The presentation tended to focus too much on past achievements and not enough on forward plans. On the way forward, members felt that the department should come and brief the committee on poverty eradication programmes, Nepad, the SADC Tourism Plan, greening the nation, the elephant management strategy, tourism, the black economic empowerment scorecard, fishing rights allocations, the efficacy of environmental impact assessment, skills development plans and retention strategies of all the entities.
We are also of the view that the Deat should train members on international instruments and commitments passed since 1994. A workshop with the committee should be developed on Asgisa, genetically modified organisms and the National Environmental Management Act. This is already planned for September.
The department should provide quarterly reports to members on progress made with regard to their programmes. This is also already happening.
On behalf of the portfolio committee, we would like to present this report for adoption by the House. Thank you. [Applause.]
There was no debate.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Madam Deputy Speaker, I move:
That the House –
(1) supports the Portfolio Committee on Environmental Affairs and Tourism’s proposed programme of engagement with the department and the public entities identified in the committee’s report, and
(2) requests the department and public entities to ensure that in future strategic planning workshops focus more on strategic priorities and less on past achievements that can be captured in annual reports as per the requirements of the Public Finance Management Act of 1999.
Thank you.
Motion agreed to.
Report accordingly adopted.
The House adjourned at 17:52. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
FRIDAY, 25 AUGUST 2006
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Introduction of Bills
(1) The Minister of Social Development
On request of the Minister the following Bill was introduced by the
Select Committee on Social Services in the National Council of
Provinces:
a) Children’s Amendment Bill [B 19 – 2006] (National Council of
Provinces – sec 76) [Bill and prior notice of its introduction
published in Government Gazette No 29150 of 23 August 2006.]
Introduction and referral to the Select Committee on Social
Services of the National Council of Provinces, as well as referral
to the Joint Tagging Mechanism (JTM) for classification in terms
of Joint Rule 160, on 25 August 2006.
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.
- Draft Bills submitted in terms of Joint Rule 159
(1) Transnet Pension Fund Amendment Bill, 2006, submitted by the
Minister of Public Enterprises. Referred to the Portfolio Committee
on Public Enterprises and the Select Committee on Labour and Public
Enterprises.
- Bills passed by Houses – to be submitted to President for assent
(1) Bills passed by National Council of Provinces on 25 August
2006:
a) 2010 FIFA World Cup South Africa Special Measures Bill [B 13B –
2006] (National Assembly – sec 75).
b) Second 2010 FIFA World Cup South Africa Special Measures Bill
[B 16B – 2006] (National Assembly – sec 76(1)).
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Labour
a) Report and Financial Statements of the Umsobomvu Youth Fund (UYF)
for 2005-2006, including the Report of the Independent Auditors on
the Financial Statements for 2005-2006.
b) Report and Financial Statements of the National Economic
Development and Labour Council (NEDLAC) for 2005-2006, including
the Report of the Independent Auditors on the Financial Statements
for 2005-2006.
c) Report and Financial Statements of the National Productivity
Institute (NPI) for 2005-2006, including the Report of the
Independent Auditors on the Financial Statements for 2005-2006.
d) Report and Financial Statements of the Clothing, Textiles, Footwear
and Leather Sector Education and Training Authority (CTFL-Seta) for
2005-2006, including the Report of the Auditor-General on the
Financial Statements for 2005-2006 [RP 70-2006].
e) Report and Financial Statements of the Education, Training and
Development Practices Sector Education and Training Authority (ETDP-
Seta) for 2005-2006, including the Report of the Auditor-General on
the Financial Statements for 2005-2006 [RP 72-2006].
CREDA PLEASE INSERT REPORT - INSERT T060825E-insert - PAGES 1863-1872
MONDAY, 28 AUGUST 2006
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Classification of Bills by Joint Tagging Mechanism (JTM
(1) The JTM on 21 August 2006 in terms of Joint Rule 160(3),
classified the following Bill as a section 75 Bill:
(a) National Sport and Recreation Amendment Bill [B 17 – 2006]
(National Assembly – sec 75). TABLINGS
National Assembly and National Council of Provinces
- The Minister of Environmental Affairs and Tourism
a) Report and Financial Statements of the South African National Parks
(SANparks) for 2005-2006, including the Report of the Auditor-
General on the Financial Statements for 2005-2006.
National Assembly
- The Speaker
a) Report and Financial Statements of the Independent Electoral
Commission (IEC) for 2005-2006, including the Report of the Auditor-
General on the Financial Statements for 2005-2006 [RP 97-2006].
COMMITTEE REPORTS
National Assembly
-
Report of the Portfolio Committee on Sport and Recreation on the South African Institute for Drug-Free Sport Amendment Bill [B 7 – 2006] (National Assembly - sec 75), dated 23 August 2006: The Portfolio Committee on Sport and Recreation, having considered the subject of the South African Institute for Drug-Free Sport Amendment Bill [B 7 – 2006] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, presents the South African Institute for Drug-Free Sport Amendment Bill [B 7B - 2006].
TUESDAY, 29 AUGUST 2006
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Classification of Bills by Joint Tagging Mechanism (JTM)
(1) The JTM on 29 August 2006 in terms of Joint Rule 160(3)
classified the following Bill as a section 75 Bill:
(a) Carriage by Air Amendment Bill [B 18 – 2006] (National
Assembly – sec 75).
- Translation of Bill submitted
(1) The Minister for Agriculture and Land Affairs
a) Wysigingswetsontwerp op Geneties Gemanipuleerde Organismes [W
34 – 2005] (National Assembly – sec 75).
This is the official translation into Afrikaans of the Genetically
Modified Organisms Amendment Bill [B 34 – 2005] (National Assembly
– sec 75).
- Draft Bills submitted in terms of Joint Rule 159
1) Electricity Regulation Amendment Bill, 2006, submitted by the
Minister of Minerals and Energy. Referred to the Portfolio
Committee on Minerals and Energy and the Select Committee on
Economic and Foreign Affairs.
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
a) Report and Financial Statements of the Electoral Commission (IEC) on
the Public Funding of Represented Political Parties Fund for 2005-
2006, including the Report of the Auditor-General on the Financial
Statements for 2005-2006 [RP 137-2006].
- The Minister for Public Enterprises a) Report and Financial Statements of the South African Airways (Proprietary) Limited (SAA) for 2005-2006, including the Report of the Independent Auditors on the Financial Statements for 2005-2006.
b) Report and Financial Statements of the South African Forestry
Company Limited (SAFCOL) for 2005-2006, including the Report of the
Independent Auditors on the Financial Statements for 2005-2006.
- The Minister of Education
a) Report and Financial Statements of the Council on Higher Education
(CHE) for 2005-2006, including the Report of the Auditor-General on
the Financial Statements for 2005-2006.
b) Report and Financial Statements of the Council for Quality
Assurance in General and Further Education and Training – Umalusi
for 2005-2006, including the Report of the Independent Auditors on
the Financial Statements for 2005-2006.
- The Minister of Arts and Culture
a) Report and Financial Statements of Artscape for 2005-2006,
including the Report of the Auditor-General on the Financial
Statements for 2005-2006.
- The Minister of Environmental Affairs and Tourism
a) Report and Financial Statements of South African Tourism for 2005-
2006, including the Report of the Auditor-General on the Financial
Statements for 2005-2006.