National Assembly - 19 September 2006

TUESDAY, 19 SEPTEMBER 2006

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                PROCEEDINGS OF THE NATIONAL ASSEMBLY

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The House met at 14:25.

The Deputy 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.

The DEPUTY SPEAKER: Hon members, we apologise for starting 15 minutes late, but we are grateful that you understand that we had some business to attend to. Thank you very much for that.

                 WISHES ON COMMENCEMENT OF RAMADAAN


                         (Draft Resolution)

Ms S RAJBALLY: Madam Deputy Speaker, I move without notice:

That the House -

(1) notes the coming of the Muslim Holy Month of Ramadaan; (2) further notes the Muslims in those areas of conflict that shall offer the sacrifice of fasting from sunrise to sunset;

(3) recalls the sacrifice of Ramadaan to be a test of faith and a month of purification; and

 4) conveys its good wishes to all Muslims over this auspicious month.

Agreed to.

                  OPENING OF HECTOR PETERSON SQUARE


                         (Draft Resolution)

The CHIEF WHIP OF THE MAJORITY PARTY: Madam Deputy Speaker, I move without notice:

That the House -

 1) notes that –


    (a)  on  9  September  2006  the  Culemborg  Municipality   in   the
        Netherlands officially opened the Hector Peterson Square; and
    (b) the opening ceremony was attended, amongst others, by Councillor
        Willem-Jan Stegeman, Mr.  Gert  Van  Maanen  and  a  number  of
        children from the suburb of Molenzicht;

(2) recalls that -

    (a) this gesture is to honour not only  Hector  Peterson,  but  also
        children like  Hasting  Ndlovu  from  Soweto,  Mzimkulu  Crosby
        Ndingane from Gugulethu and Nazeem  Khan  from  Manenberg,  who
        were killed during the 1976 student uprising; and


    (b) the Hector Peterson Square is situated on the Nelson Mandela
        Lane; and

(3) conveys its sincere appreciation of the honour bestowed by the Culemborg Municipality on the people of South Africa, to name the park after Hector Peterson.

Agreed to.

APPOINTMENT OF DEPUTY CHIEF JUSTICE OF SOUTH AFRICA, JUSTICE DIKGANG
     MOSENEKE, AS CHANCELLOR OF THE UNIVERSITY OF WITWATERSRAND

                         (Draft Resolution)

The CHIEF WHIP OF THE MAJORITY PARTY: Madam Deputy Speaker, I move without notice:

That the House -

(1) notes that –

    (a)  on  Thursday,  7  September  2006,  the   University   of   the
        Witwatersrand (Wits University) announced  the  appointment  of
        Deputy Chief Justice of South Africa, Justice Dikgang Moseneke,
        as the new Chancellor of the University; and


    (b) when the announcement was  made  Justice  Edwin  Cameron,  said:
        ``The University is privileged to have  one  public  figure  of
        very  high  distinction  and  personal  calibre  succeeded   by
        another”;

(2) recalls that the Deputy Chief Justice served a term of ten years on Robben Island and while there, he obtained his BA degree majoring in English and Political Science and his B Iuris degree and that this was to be the start of his legal career;

(3) congratulates Justice Dikgang Moseneke on his appointment as a Chancellor and believes and knows that he will serve the institution with vigour and determination; and

(4) wishes the Deputy Chief Justice continuing success in his new post.

Agreed to.

                REFERRAL OF REPORT BACK TO COMMITTEE

                         (Draft Resolution)

The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Madam Deputy Speaker, I move the motion printed in the name of the Chief Whip of the Majority Party, as follows:

That the House refers the Report of the Portfolio Committee on Justice and Constitutional Development (Announcements, Tablings and Committee Reports, 20 June 2006, p 1507) - Hearings on the Implications and Approval of the proposed New Salary Scales for the Magistracy, in particular the introduction of a New Motor Vehicle Allowance for Magistrates and Senior Magistrates, as recommended by the Independent Commission for the Remuneration of the Public Office Bearers, back to the Committee for further consideration and report, the Committee to confer with the Select Committee on Security and Constitutional Affairs of the National Council of Provinces.

Agreed to.

                      NINTH CONGRESS OF COSATU


                        (Member’s Statement)

Mr T D ANTHONY (ANC): Madam Speaker, the ANC salutes the Congress of SA Trade Unions on holding its ninth national congress as from yesterday.

The national congress is convening at a crucial conjuncture in the transformation of our country and the intensification of the globalisation process. It meets at a time when there are major challenges facing the working class, the poor of our country and the developing world in general.

The ANC awaits the key resolutions to be taken by the workers of the country that will advance the national democratic revolution. This is particularly necessary given the ever-increasing expectation of the masses of our people that our alliance will further accelerate our country’s progress towards the achievement of the goal of a better life for all.

We call on the working class of our country to continue to uphold the traditions that we’ve come to expect from the revolutionary trade union movement. Thank you.

IRREGULARITIES, HATE SPEECH IN AGRICULTURAL COMMUNITY OF RAWSONVILLE

                        (Member’s Statement)

Mnr R J KING (DA): Mev die Speaker, die DA doen ’n beroep op die Minister van Veiligheid en Sekuriteit om dringend die ware feite rondom die polemiek rakende klagtes van verkragting, ernstige aanranding en polisieversuim op Rawsonville vas te stel.

Ons vereenselwig ons as DA met Agri-Wes-Kaap se versoek dat die LUR vir Landbou, Kobus Dowry, en die LUR vir Gemeenskapsveiligheid in die Wes-Kaap, Leonard Ramatlakane, onmiddellik ’n hoëvlak-ondersoek loods na die beweerde vergrype, en spesifiek ook dringend kyk na die klaers, die instansies wat die proses dryf en die motivering daaragter.

Ons vra ook dat Minister Nqakula kyk na uitlatings wat mnr Tony Ehrenreich, Wes-Kaapse sekretaris van Cosatu, op Sondag, 17 September op ’n vergadering van sogenaamde plaaswerkers op Rawsonville gemaak het.

Haatspraak soos Ons is vandag hier om oorlog te verklaar’’,die vergieting van ons mense se bloed op die lande ’’, as dit is wat dit verg om slegte boere in ’n regte rigting te dwing, moet ons hulle in die rigting in moer’’, enas boere aanhou om soos mal honde ons plaaswerkers se regte te skend, dan moet ons hulle slaan’’, en ander vieslikhede wat ek nie hier wil herhaal nie, is gebruik.

Ek verneem dat die oorgrote meerderheid van Ehrenreich se gehoor met busse aangery is van elders in die Boland. Ek is nie verbaas nie. Ek is bevoorreg om die deursnee plaasmense, werkers én eienaars, van Goudini en die Breede Kloof te ken as goeie, eerbare, Godvresende mense, mense wat tot siekwordens toe sou walg om na sulke smerige retoriek te moes luister. [Applous.] (Translation of Afrikaans member’s statement follows.)

[Mr R J KING (DA): Madam Speaker, the DA appeals to the Minister of Safety and Security to urgently ascertain the true facts around the controversy regarding the charges of rape, assault with the intent of causing grievous bodily harm and police negligence in Rawsonville.

We, as the DA, associate ourselves with Agri-Western Cape’s request that the MEC for Agriculture, Kobus Dowry, and the MEC for Community Safety in the Western Cape, Leonard Ramatlakane, immediately institute a high-level inquiry into the alleged transgressions, and also specifically take a critical look at the complainants, the bodies driving the process and the motivation behind it.

We also want to ask that Minister Nqakula look at remarks made by Mr Tony Ehrenreich, Western Cape secretary of Cosatu, on Sunday, 17 September, at a meeting of the so-called farm workers at Rawsonville.

Hate speech such as “We are here today to declare war”, “the shedding of our people’s blood in the fields”, “if it is required to prod bad farmers in the right direction, then we must thrash them in that direction”, and “if farmers like mad dogs continue to violate the rights of our farm workers, then we must beat them”, and other loathsome remarks that I do not want to repeat here,was used.

I understand that the vast majority of Ehrenreich’s audience were bused in from elsewhere in the Boland. I am not surprised. I am privileged to know the cross-section of farm people, workers and owners, in Goudini and the Breede Kloof as good, honest, God-fearing people, people who would have been nauseated to the point of illness if they were obliged to listen to such foul rhetoric. [Applause.]

    IMPLEMENTATION OF LAW GOVERNING HOUSE OF TRADITIONAL LEADERS

                        (Member’s Statement)

Prince N E ZULU (IFP): Deputy Speaker, to the legal persona it was no surprise to see a piece of legislation published on the 14th and enforced for implementation the morning of the 15th of the same month, that is less than 24 hours on the Statute Book.

Indeed, all of us would like to see our laws implemented as soon as possible, but not in less than 24 hours’ time for humanitarian reasons. It is beyond reasonableness.

We saw the hon Judge President of KwaZulu-Natal enforcing the establishment and swearing-in ceremony of the provincial house of traditional leaders on the basis of a law or regulation passed on 14 September 2006, on 15 September 2006.

On to the legal jargon, ignorance of the law is no excuse and the judge was within his legal right to enforce the law despite the ignorance about the contents and the requirements thereof.

The legal jargon is based on Roman Dutch law. It was good for the Romans and the Dutch. Was it good for the Africans? How does the African Renaissance define this jargon? How does the ubuntu concept address this case? When was the invitation issued to the judge to come and preside? Could it have been less than 24 hours? Surely, he could not have accepted the invitation. This incident exposed certain persons in high offices as being unfair, untruthful and untransparent to the institution of traditional leadership in the province of KwaZulu-Natal. Thank you.

           GANG-RAPE AND ASSAULT OF FARMWORKERS CONDEMNED


                        (Member’s Statement)

Ms M R MORUTOA (ANC): Hon Deputy Speaker, the ANC expresses concern at the allegations of gang-rape and assault of farmworkers by farmers in Rawsonville, Western Cape.

According to available information, the incident took place on the evening of 29 April 2006, when farm dwellers, Anneline, 22 years old, and Anthony, 16 years old, received a phone call from a local farmer instructing them to accompany a group of farmers on a hunt.

The evening ended in tragedy, with Anneline being gang-raped by the five men, and Anthony beaten into a coma, after he was tied to a car and dragged through a river. He spent more than three months in a coma, after which he was admitted to a psychiatric hospital as a result of severe head injuries.

According to the Women on Farms project, five months down the line, neither Anneline nor Anthony is any closer to getting justice. The organisation attributes this to a lack of progress in investigating the cases and the failure of the police to protect them from ongoing threats from the farmers.

The project further claims that this case is not unusual, and is located in a broader culture of human rights violations in farmworker communities, where farmers act with impunity.

The ANC calls on the SA Police Service to expedite the investigation into the alleged atrocities committed by farmers against their workers and for increased efforts to protect the human rights of farmworkers. Thank you, Deputy Speaker. [Applause.]

                   MARRIAGE BETWEEN MAN AND WOMAN

                        (Members’ Statement)

Rev K R J MESHOE (ACDP): Deputy Speaker, the ACDP embraces and promotes the biblical standards for marriage and the family, which maintain that marriage was instituted by God and is intended to be a lifelong union between a man and a woman.

It is significant that France has recently ruled against the so-called “same-sex marriages” to protect children, citing article 7 of the UN Convention on the Rights of a Child. The ACDP calls on our government to do likewise in the interest of our children, and ensure that the rights of our children are placed above the narrow interests of groups that want to legally perpetuate a sinful lifestyle that is not only unhealthy and unnatural, but is also frowned upon by all traditional cultural, religious and tribal groups on the African continent.

The ACDP declares that every child has a fundamental right to a mother and a father. Marriage between a man and woman protects that right, even in cases of divorce, where the courts ensure that a child has an appropriate level of care from and access to both parents.

The Civil Unions Bill doesn’t. Instead it grants adults the right to replace a natural parent with a legal parent of another gender, making a child essentially fatherless or motherless. The Civil Unions Bill undermines marriage. It ignores children and transforms marriage into a vehicle for validating sinful relationships, changes African values and must, therefore, be rejected.

We declare that since traditional marriage is the only family structure that provides a child with both a father and a mother, the government has a duty to support and defend it. Thank you.

                          RWANDAN GENOCIDE


                        (Member’s Statement)

Mr V C GORE (ID): Madam Deputy Speaker, the Rwandan genocide, which took place 12 years ago and left many millions dead and many more suffering, has very important lessons for the African continent as a whole and for South Africa in particular.

It is quite clear that one of the major contributing factors to this genocide was the inability of the greater worldwide community to intervene in avoiding the situation. The lessons learnt from the Rwandan genocide should not be forgotten, especially when dealing with issues concerning the Darfur region of Sudan.

It will be on South Africa’s conscience if we continue withdrawing South African peacekeeping troops in the African Union when we know that the Sudanese government has murderous designs for the people of Darfur. Asking a government that has already committed wide-scale genocide for permission to stay or for a United Nations force to replace us would make us accomplices in any further genocide.

The ID would like to appeal to President Mbeki to exert whatever pressure he can on the African Union to halt the withdrawal of the African Union peacekeeping troops. Africa must take control of this situation. We must not withdraw, and must instead strengthen our forces.

The ID believes that every possible action should be taken in order to prevent genocide in Darfur and not make a mockery of the memory of those who died in Rwanda. [Applause.]

   TRAINING FOR FORMER LIBERATION SOLDIERS AND ACTIVISTS COMMENDED


                        (Member’s Statement)

Mr O E MONARENG (ANC): Deputy Speaker, we, in the ANC, applaud the initiative by the Direct Action Centre for Peace and Memory in terms of which former liberation soldiers and activists are taught research tactics, presentation skills and story telling. The programme is aimed at empowering former liberation fighters who, at times, find it difficult to reintegrate into society and to adapt to peacetime.

The initiative will also open a new chapter in our reflections on our history as it involves an approach not dictated by the textbook method, and will thus involve a new approach and add a new continental spirit to our perspectives about history and public education.

This initiative by the Direct Action Centre for Peace and Memory is a valuable contribution to the preservation of our history and heritage, in an effort to ensure the progressive realisation of the dream expressed in the Freedom Charter, that the doors of learning and culture shall be open to all. I thank you. [Applause.]

                 CONTAINING OF NEW TB STRAIN IN KZN

                        (Member’s Statement)

Ms N M MDAKA (UIF): Madam Deputy Speaker, the UIF applauds the national Department of Health for doing its best to contain the spread of the multidrug-resistant tuberculosis in KwaZulu-Natal. This new TB has raised fears in our communities that it could be a second killer after HIV and Aids.

The Department of Health should, however, do more to inform the public about the dangers of this infectious disease. We call on the Minister of Health to launch a national education campaign to inform communities about preventative measures and possible symptoms of this new TB so that more lives can be saved. Thank you.

                  NHBRC FAILING TO DO REMEDIAL WORK

                        (Member’s Statement)

Mr A C STEYN (DA): Madam Deputy Speaker, to be a world-class organisation that protects housing consumers and regulates the home-building industry was the vision of the National Home Builders Registration Council, an agency established by the Department of Housing to protect housing consumers.

The intentions of this institution are noble, but, as the saying goes: “The road to hell is paved with good intentions.” Many housing consumers were registered with the NHBRC in the belief that they had some protection should something go wrong. They found their interaction with the NHBRC nothing short of a hellish experience.

In one particular instance, although the NHBRC has acknowledged a claim in 2003 for remedial work at an estimated cost of R75 000, three years later, as I speak here today, the remedial work has still not been done and the costs have probably escalated to anything between R300 000 and R500 000.

The homeowner has indicated that what was originally a small crack, has now developed into the possibility of the roof of the house collapsing upon them.

This does not seem to bother the NHBRC, and notwithstanding the fact that there is no dispute between the homeowner and the NHBRC in terms of their liability to undertake the repairs, it appears that there is simply nobody competent enough to make a decision. This is the case despite the fact that two additional directorates were established in the previous financial year, as well as, ironically, customer care. In addition to the current chief executive officer, a new chief operating officer was appointed. One would have thought that this would lead to an improvement in services, but, clearly, it hasn’t.

The NHBRC has an accumulated surplus of over half a billion rand from just R113 million in 2003. And yet the outstanding claims have increased from 132 in 2003 to 172 in 2005.

Similarly, the actual provision for technical liabilities for 2005 was R78 million, whilst the actual amount paid out for remedial work totalled R3,7 million. Clearly, this is not a question of a lack of funds, but of lack of capacity. Perhaps the fact that … [Time expired.]

AGREEMENT BETWEEN SOUTH AFRICA AND CHINA ON CLOTHING AND TEXTILE IMPORTS

                        (Member’s Statement)

Dr M SEFULARO (ANC): Madam Deputy Speaker, Parliament has taken note of the agreement between South Africa and the People’s Republic of China to control the rate of clothing and other textile imports from China into South Africa.

We further note the resultant response and appeals by the main retail shops in South Africa and the agreement by government to postpone the implementation date. Notwithstanding the latter agreement, Parliament appeals to the relevant authorities to continue to work for the protection and revival of what remains of the South African clothing and textile industry.

The owners and workers of the various factories also have an obligation to improve production methods and identify new products and markets. Success in this regard will prevent any further job losses in the vulnerable sector.

Parliament would like to remind the retail sector and its shareholders that they also have an obligation to support the domestic clothing and textile sector. Whilst pursuing sustainability and profit, they should be placing equal, if not greater emphasis on development and the fight against poverty. I thank you.

         VIOLENCE AND VIOLENT BEHAVIOUR IN SOCIETY CONDEMNED


                        (Member’s Statement)

Ms C N Z ZIKALALA (IFP): Madam Deputy Speaker, the extent to which violence and violent behaviour have crept into our society and become a common way by which people solve their disputes or vent their frustrations or grievances is evident not only from the increase in violence in our schools, but also from the behaviour displayed by people during daily activities. Soccer is without a doubt the most popular sport in our country and brings joy to millions of people and hope to many aspiring soccer stars. It is, therefore, sad that a fight between two players from rival soccer teams in Mahlabathini in KwaZulu-Natal ended in a tragedy recently, after one of the players, 17-year old Mxolisi Nkwanyana, was stabbed and killed.

The alleged perpetrator of this crime is a 14-year old player from the opposing team. This murder follows that of Emmanuel Lefuna, who was also stabbed and killed during a soccer match in Pietermaritzburg. Allegedly, he was killed by a player from his own team, mind you.

These are just a few, very disturbing incidents that highlight the desperate situation that we are facing with regard to violent behaviour in our society. This is an unacceptable situation. We have got to find ways of rescuing society from this violent behaviour and moral decay, as well as ways of restoring high morals and values. I thank you.

                   PEACEKEEPING MISSION IN SOMALIA


                        (Member’s Statement)

Mr J SCHIPPERS (ANC): Deputy Speaker, the ANC recognises that the struggle for peace and stability in Africa constitutes a major challenge for the African Union. The African Union Peace and Security Council approved a proposal for the deployment of 8 000-strong peacekeeping missions in the war-torn Somalia.

This decision was taken after a recommendation of the Intergovernmental Authority on Development, a seven-nation east African regional bloc. Hon members will remember that Somalia has been without a government for the past 15 years. Different militias have been in control of various parts of the country over the period, terrorising local communities.

The ANC commends the initiative taken by the regional body and supports the decision taken by the Peace and Security Council of the African Union to contribute towards peace efforts in Somalia.

Somalis, like all Africans, deserve peace, economic development and the right to participate in sport and recreational activities. I thank you.

           MARINE LIVING RESOURCES FUND BADLY ADMINISTERED


                        (Member’s Statement)

Mr M SWART (DA): Madam Deputy Speaker, the Marine Living Resources Fund received qualified audit reports and disclaimers in respect of the four- year period, 2002 to 2005. The fund has no board of directors and they neglected to submit any financial statements, as required.

I’ve just highlighted some of the problem areas raised by the Auditor- General. He could find no supporting documents for credit mounting to R18, 460 000; assets register for assets totalling R345 million; and stock on hand totalling R207 million.

Furthermore, no bank reconciliations were done; harbour fee income of R4, 950 000 and harbour fee debt of R2, 840 000 has not been documented; debts amounting to R72 million; harbour fees and the levy on fixed property amounting to R10 million has been written off without authorisation.

According to the annual report the chief financial officer of the department is also the chief financial officer of the fund. The executive officers are the deputy directors-general under the delegation of the director-general of the department and the chief financial officer.

These officials, as well as the Minister, should, therefore, assume responsibility for the mess in which the fund finds itself. The question is, Madam Deputy Speaker, whether any action was taken against the officials concerned and whether they received performance bonuses.

If performance bonuses were paid, on what basis were they paid, given the qualified audit reports and disclaimers? If no disciplinary action is to be taken, it will reinforce the view in the mind of the public that the ANC’s comrades can do no wrong.

The Minister owes us an explanation and his replies to questions forwarded to him in this regard are not satisfactory and will be followed up. [Applause.]

          CALL FOR STRINGENT SENTENCE AGAINST CHILD ABUSER


                        (Member’s Statement)

Nksz P TSHWETE (ANC): Sekela-Somlomo, thina singamalungu ombutho wesizwe i- ANC, siya kuthi gqolo ukuqinisekisa ukuba amalungelo abantu ayahlonitshwa, ngakumbi amalungelo abantwana abangamantombazana, kuba ngabona basemngciphekweni wokuphathwa kakubi, ngakumbi ngamadoda angcolileyo.

Isigwebo sawiswa phezu kwentloko yomthanjiswa yiMantyi, uNambitha Dambuza, ngenxa yokuxhaphaza intombi yakhe ngokwesondo. Le ntlondi ingaka kucaca ukuba umthanjiwswa lo, ongummangalelwa, uyiqhube isithuba esingangeminyaka emihlanu.

Simemelela inkonzo yakhe, abathanjiswa beNkosi kwiimvaba ngeemvaba, nabantu benkonzo ngokubanzi, ukuba batsho ngazwilinye ukuba abadlwenguli nabaphathi- gadalala boomama abanandawo kumabandla abo. Thina singamalungu ombutho wesizwe siyasamkela isigwebo sikaMantyi, kwaye senza isicelo sokuba awise isigwebo esiqatha ukuze sithumele umyalezo ongqingqwa kwabo bayenzayo le ntlondi nemikhuba, nakwabo basaceba ukuyenza. Enkosi. (Translation of isiXhosa member’s statement follows.)

[Ms P TSHWETE (ANC): Deputy Speaker, we as members of the ANC will continuously ensure that people’s rights are respected, especially the rights of female children, because they are the ones who are vulnerable to abuse, mostly from male perverts.

A sentence was handed down by Magistrate Nambitha Dambuza against a particular reverend for sexually abusing his daughter. It is clear that this reverend, who is the accused, has been practising this iniquitous behaviour for about five years.

We are appealing to his congregation, ministers from different denominations and people at large, to unanimously speak against rapists and those who abuse women and ensure that they do not have a place in their churches. We, as members of the ANC, welcome the verdict that has been reached, and we are appealing to the magistrate that she should give a very heavy sentence in order to send a message to those who still practise this and those that are still contemplating getting involved. Thank you.]

   TRANSFORMATION OF SPORT AND RECREATION PART OF NATION-BUILDING


                        (Member’s Statement)

Mrs D M MOROBI (ANC): Deputy Speaker, the ANC views the transformation of sport and recreation as part and parcel of the transformation of South African society, including nation-building. Sport remains an important vehicle through which to ensure a better life for all.

Each day South Africans are making progress in the transformation of our society. Sylvia Kedebone Mokaila has recently been promoted to a professional boxing referee. Her passion for boxing started when she was fourteen years old in Lumanyaneng, a village just outside Mafikeng.

She started as an amateur boxing referee in 1997. Last year, in the new dispensation in boxing, she was officially awarded a professional certificate by Boxing SA at Pretoria Academy. She has since got eight professional fights under her belt.

The ANC continues to work with the people in ensuring total transformation of our society. We salute the brave women of our country in the sterling work they continue to do. I thank you.

IMPLEMENTATION OF AGREEMENT WITH THE REPUBLIC OF CHINA ON CLOTHING AND TEXTILES

                        (Minister’s Response)

The DEPUTY MINISTER OF TRADE AND INDUSTRY: Madam Deputy Speaker, I want to thank the hon Sefularo for the statement that he made concerning the implementation of the agreement on clothing and textiles with the People’s Republic of China.

As the hon member indicated, the Department of Trade and Industry recently reached an agreement with the manufacturers and the retailers to postpone the implementation of this agreement until January 2007. This will allow the industry to prepare to fill the gap by stepping up local production at that particular time.

The department will make no apology for implementing this agreement. It is similar to that which is being implemented in many other jurisdictions, and it followed representations made to the International Trade and Administration Commission of South Africa by the manufacturers earlier last year. The outcry that we heard from vested interest in the retail sector, those that have made huge profits by importing, is most unfortunate.

The silence from the manufacturers’ side speaks volumes about the power relations within the industry, and there have even been reports of cases of threats to the manufacturers. Let those who are making those threats be quite clear that we will not hesitate to act in terms of the Competition Act against instances of abuse of dominant position.

Finally, let me say to the hon member that we agree with him that this agreement will only provide breathing space for the local industry. A customised sector programme has been agreed to by all stakeholders and will be implemented shortly. This provides for the long-term restructuring, which is in the end the long-term solution for job saving in that particular sector. I thank you.

                       CIVIL UNION LEGISLATION


                        (Minister’s Response)

The DEPUTY MINISTER OF HOME AFFAIRS: Thank you, Deputy Speaker. The South African Constitution grants equality to all South Africans regardless of gender and sexual orientation. It is, therefore, important that we, as representatives of the public, do not act in any way that ensures that while we advance equality for everyone else, there are those to whom we deny the same rights that they deserve.

I think it is important for the hon Rev Meshoe to understand that it is not correct to say that all religious, traditional and cultural groups are opposed to the civil union legislation. There are many who have come out in support of it, who have said that it is necessary that we move in this direction because they too understand that even their own religious and cultural beliefs do not warrant that anyone should be discriminated against. It is important that we should, when we articulate our views, not make claims that are exaggerated.

The final thing I wish to say on the same matter is that there are public hearings currently taking place, led by the Portfolio Committee on Home Affairs. Rather than grandstanding here in Parliament, it is important that we should all participate in those public hearings. There will be many opportunities for the ACDP to participate in the portfolio committee discussions and deliberations, even in the debates that will take place in the House.

I think it is better that, as Members of Parliament, we use and exploit those opportunities that we have, rather than speak here during the time for members’ statements, which will not contribute to the debates of the parliamentary committee or to the debates of the House itself. I thank you. [Applause.]

   THE CHALLENGE OF FATALITIES AND INJURIES ON OUR COUNTRY'S ROADS

                      (Subject for Discussion) Mr J P CRONIN: Thank you, Deputy Speaker, hon members. There were 17 000 deaths on South African roads last year. This is substantially up from previous years. With the daily average of some 50 deaths on our roads, we are losing more or less the equivalent number of people killed as in the tragic conflict in Iraq daily.

Besides these deaths, there are 21 disabling injuries, 125 serious injuries each day. South Africa has one of the highest per capita road trauma rates in the world. We speak about road accidents as if we were dealing with an unfortunate fact of life, but as the Latin American writer, Eduardo Galeano, once put it:

We call accidents what are really crimes committed by cars.

Galeano is only half right. Cars are not generally the main cause of serious crashes. It is people. In our country driver behaviour is a factor in 91% of crashes, and driver behaviour is the sole causal factor in 64 of these cases. Who amongst us has not lost a family member, a close friend, a political colleague, or a neighbour in a road fatality over the last five years? The social and psychological impact on our society is enormous and the economic impact is estimated to be some R43 billion a year.

The DEPUTY SPEAKER: Order! Hon member, there are just too many meetings taking place. We would like to encourage them because we think they are very good and useful, but outside the House. Thank you. Hon member, will you please continue?

Mr J P CRONIN: Some 40% of our road fatalities are pedestrian deaths and many of them are children. According to the Medical Research Council for children between the ages of 0 and 14 years, road fatalities are in fact the leading external cause of death. We have to begin to appreciate the scale of the challenge that we are facing, and we have to understand that far from being an unfortunate fact of life, road safety in South Africa is a public health issue, and it is also a human rights issue.

Our Bill of Rights says:

Everyone has the right to life.

It says:

Everyone has inherent dignity and the right to have their dignity respected and protected.

This is simply not happening on our roads. Commuters are crammed, without dignity, into unsafe minibuses - many of them death traps. Tens of thousands of learners, some very young, walk to school along hazardous roadsides in which there is no space provided for pedestrians. The rights of pedestrians and cyclists are generally neglected everywhere in our towns and cities.

The disabled have a particularly difficult time. They amount to some 10% of our population, but our public transport – where it exists – makes little provision, if any, for disabilities. Yet the Bill of Rights says:

Everyone has the right to freedom of movement.

The Bill of Rights says:

Every child has the right to be protected from maltreatment, neglect, abuse or degradation.

But how often do we see young children bouncing around loose in the back of a vehicle without seatbelts? Perhaps because we think road crashes are simply accidents, an unfortunate fact of life, we do not seem to think that the failure to take the most basic precautionary measures is not child abuse, but it is child abuse!

No one on the roads is entirely safe, rich or poor, white or black, young or old. But, as with so much else in life, it is the poor who bear the brunt of road traffic crashes. This is a global phenomenon. Some 1,2 million people died last year on roads in the world, 85% of those casualties were in developing countries. What can we do in South Africa? The very first step is to grasp the seriousness of the challenge we face. The second step is to move away from fatalism.

Road traffic smashes are not a mere fact of life. With determination, with clear planning, with a will to implement effective measures and with active public participation, it is possible to drastically reduce the levels of death and serious injury on our roads.

In the last several months the Department of Transport has finalised a revamped National Road Safety Strategy, which was tabled here in Parliament. As the ANC we believe that this strategy is good, but it now needs to be implemented with vigour and determination, and we call on all South Africans to give support to this. The key features of this strategy are taken up in the draft resolution, which I have tabled in the House this afternoon. Among these is ensuring that there is effective co-operation with the courts.

It is a disgrace, but only 4% of prosecutable road offences actually make their way into the courts. This is extremely worrying. One among several reasons is that in many of the courts breathalysers are not recognised. Prosecutors and traffic officials then rely on blood testing, and there is a very cumbersome way of testing blood, they take many months, they often get lost in the medical system, and magistrates throw out cases.

Clearly this cannot be allowed to persist and we call on the Department of Transport and other transport departments to engage with the courts as a matter of urgency to find effective solutions to this.

But the courts are not the only ones to blame. Only 17% of traffic fines are actually collected. The administration and follow-up on fines must be greatly improved.

Traffic law enforcement also needs to be declared an essential service. We know when most road deaths occur. They occur after dark, especially on Friday nights and Saturday nights. But that is precisely the hours in which there is very little, if any, effective traffic policing.

The speed limits in our country need to be reviewed. As an immediate step we need to bring down the speed limits in areas of high pedestrian activity

  • around schools, factory gates, shopping areas and so on. The international norm is around 30km/h to 40km/h, ours is 60km/h. If you travel at 60km/h and you hit someone, they are dead, but if you travel at 30km/h and you hit someone, they will be injured, but they are likely to survive.

We have to change driver behaviour. There is a hard core of drivers who simply defy things. We learnt in our hearings that there is an Ethekwini bus driver who has had 30 accidents in one calendar year, and he is still driving around. We have got to take away the driving licences of people who are doing this kind of thing. It is a scandal!

There are other measures that the Department of Transport has proposed. We back those. I will have a chance at the end of this debate to mention some of those, but I think the key thing is we call on government to be more determined to act as a champion. This kind of campaign requires a champion, but at the end of the day government can only do so much. All South Africans, the entire public has got to really be very active to bring down this tragic level of fatalities and injuries on our roads. Thank you. [Applause.]

Mr S B FARROW: Thank you, Deputy Speaker. Firstly, let me thank the hon Cronin for introducing this important debate to the House. I am really perturbed though that the Minister is not in the House today; particularly as this issue is one of his and his department’s pressing and biggest challenges. Road safety, and in particular the high incidence of accidents and deaths on our roads has impacted in some way or other on every one of us, as the previous speaker has said.

The figures speak for themselves: 40 lives a day. As long as it rises it will continue to remain in the public interest until something can be done about it. Despite numerous strategies over the years by the Department of Transport to reduce the number of accidents, the matter seems only to get worse.

More than 90% of crashes are due to lawlessness and negligence and this comes at a cost, as has been said, of R43 billion to our economy and an untold amount of human suffering. Something drastic needs to be done and no stone should be left unturned in finding the solution.

The DA over the years has called for a road safety summit in order to get first-hand inputs from the road users and stakeholders. These are people that are using our roads daily and face the wrath of death and destruction on our roads. Many have practical and innovative ideas to reduce the carnage and unless we listen to these voices, all the theories in the world won’t help in achieving the Millennium Development Goals and Asgisa goals of reduced fatalities by 50% by 2014.

The motor vehicles population is increasing by approximately 4,5% per annum, motorcycles by 16% and taxis by 3,3%. Concurrent to these statistics is the fact that the average age of vehicles is increasing and sits at around 10 years or more. This is putting greater pressure on traffic volumes on our roads and with more unroadworthy vehicles as well. The failure of the department to effectively roll out the Taxi Recapitalisation Programme, coupled with the fact that our public transport Initiatives of using buses and trains have failed dismally, means that more and more of our commuting and freighting population still rely on private cars and trucks to go about their daily business.

How much longer must this continue? Passengers and freighters need to be given more reliable, safe and affordable options to reduce the traffic volume on our roads and in our cities. Above all, those ending up with no option but to use the roads need constant and visible policing. Without this key factor, serious traffic infringements will continue unabated and unroadworthy vehicles will continue to ride on our roads freely.

Road safety enforcement is highly fragmented and jurisdiction limited to municipal boundaries. Provincial or national highway police are barely existent, and unless the talk about their formation becomes a reality, all the laws in the world won’t help.

Zero tolerance is the name of the game, and offenders need to be arrested and serious repeat offenders’ licences suspended.

Although the DA supports the proposed demerit system, its implementation and administration appears to be questionable in the foreseeable future when one considers the long delays in getting the RTMC up and running, and the slow implementation of the Road Traffic Infringement and related Acts which we have spoken about.

At present South Africa has a total of 9700 traffic officers deployed in local government and provinces. Considering some 6500 of these officers are employed in local government within the confines of the metros and municipalities and that the majority of accidents take place on our national and provincial roads, one can see that we are seriously understaffed in so far as provincial and national traffic policing goes.

International norms require one traffic officer per 55 kilometres of road where we only have one traffic officer per 155 kilometres of road. We talk about the shortfalls year after year; the time has now come for action. I am asking the Minister that he must undertake an audit of the current situation and make every effort to recruit, train and accredit sufficient traffic officers on our roads or face the wrath of public outcry.

There are already murmurings of the state not meeting its constitutional obligations to respect, protect and fulfil the human rights entrenched in our Bill of Rights as applicable to the current situation on our roads. The Minister needs to take heed of these threats.

Statistics shows that taxi passengers in particular come to grief four times more than other road users and the recent report resulting in the recall of some 500 Gazelle 16-seater buses introduced as one of the new approved taxi vehicles calls into question the whole Taxi Recapitalisation Programme.

The main purpose of the programme was to remove old unroadworthy taxis from the system, yet we now sit with a problem of even new taxis experiencing safety problems.

This vehicle has Santaco as an equity partner, and investigations I have undertaken show that many of the affected vehicles have been modified by adding additional seats, thereby increasing their designed loading capacity, and that many of these vehicle owners have not complied with the manufacturers’ maintenance and service plans.

The question arises as to what exactly Santaco is doing to keep their members and affiliates informed or advised about noncompliance. It’s commendable that McCarthy Distributors have recalled the vehicles to safeguard the lives of the commuters using them, but untold losses in earnings will be encountered by the operators and owners during this period, in what is already becoming a marginal and in some cases unsustainable industry. I say this particularly when taking into account the costs of paying back the capital on the vehicles after the scrapping allowance of R50 000 has been paid. The Minister must fully investigate this matter and report back to this House.

Finally, may I take this opportunity to thank and wish Dr Wendy Watson good luck in her endless campaign to improve safety on our roads and reduce the carnage in terms of her strategies and goals; but she can only achieve this with the full support of all of us and this will need more resources, more capacity and more importantly, more cops. Thank you, Deputy Speaker. [Applause.]

Mr T E VEZI: Thank you, Madam Deputy Speaker. I would also like to thank the hon Chairperson of the Portfolio Committee on Transport for this initiative. Fourteen thousands deaths and hundred of thousands of serious injuries every year is more than a challenge. It is a national disaster that is costing our country tens of billions of rands every year.

It is a fact that well-meaning campaigns such as Arrive Alive have not delivered the required success rates in the form of fewer deaths and injuries. In fact, after having spent millions on Arrive Alive, the death and injury rates have steadily climbed during the existence of the programme and the time has come to recognise that it has failed in its main objectives.

The IFP feels that the main contributing factor to steadily increasing death and injury rates is a general lawlessness that is manifested on our roads. This lawlessness encompasses unlicensed drivers, alcohol and drug use, unroadworthy vehicles and speeding; and in fact, extends to all aspects of road use. There is simply no respect for, or adherence to traffic laws in our country. It really is a “free-for-all”.

There can be only one remedy to effectively address this disaster. We have good, strict and appropriate road traffic laws, but why are they not being enforced in a no-nonsense, zero-tolerance manner? It is because lip service continues to be paid to traffic law enforcement. There are prominent road safety campaigns only over certain periods of the year; a roadblock here and there; low prosecution rates of traffic offenders; inadequate fines and underresourced traffic authorities. These are but a few examples of this lip service.

It is all good and well to boldly state that drivers’ attitudes must change and we agree with that. Except that attitudes must be changed not by the offer of a carrot or turning a blind eye, but by using the proverbial stick.

If drivers lose their licences, have their vehicles confiscated and are prosecuted successfully and made to suffer the real, immediate consequences of their actions, then the deterrent effect offered by strict law enforcement will change their attitudes. When strict law enforcement is constantly used, we will see a decrease in death and injury rates.

In my remaining minutes I want to register my party’s concerns about the fate of road accident victims subsequent to the recent changes to the Road Accident Fund legislation. It is almost unthinkable that we would decrease the compensation paid to road accident victims in the midst of a national crisis that has no end. It is our opinion that it goes against the grain of a democratic, caring and rights-based society to curb damages to victims of road accidents and to remove their common law rights to sue for damages. Thank you, Deputy Speaker. [Time expired.]

Mr G T MADIKIZA: Madam Deputy Speaker and hon members, South African society sacrifices tens of thousands of people in road fatalities every year. This staggering carnage has an immeasurable cost in human lives and runs into billions of rands lost to the economy every year.

We need to assess the trend of the past two decades and come to the conclusion that road fatalities remain stubbornly high, despite the tactics and programmes that have been implemented in the past. Such an assessment must necessarily bring us to the realisation that new tactics, policies and approaches to road usage and safety must be explored.

A number of things come to mind. Firstly, speed trapping alone is not law enforcement; it hardly enforces speed limits, never mind any of the many other road safety rules and laws. Secondly, vehicle roadworthiness is a neglected facet of road safety, despite the vast number of patently unroadworthy vehicles that one regularly witnesses on the roads.

Thirdly, periodic or seasonal awareness and enforcement campaigns should be carried out for nine out of every twelve months in a year. Thank you, Madam Deputy Speaker. [Time expired.]

Mr V C GORE: Thank you, Madam Deputy Speaker. The points raised by some of my hon colleagues are indeed very important. I would, however, in the limited amount of time afforded to me, like to draw this House’s attention to an aspect of road injury which is often overlooked and misunderstood.

As a personal survivor of a motor vehicle accident, I have a particular interest in and understanding of these issues. The unfortunate reality of both the hospital system and the rehabilitation procedures within this country leaves much to be desired when it comes to spinal cord and head- injured survivors.

According to the Quad-Para Association of South Africa through their Bags of Hope Programme, South African roads produce an average of 200 quadriplegics and paraplegics per annum. Of these, around 60% are admitted to state hospitals in this country. Due to a lack of skills, resources, drugs and assistive devices, experience has shown that up to 40% of those admitted to state hospitals will not survive three years.

In other words, of the 200 quadriplegics and paraplegics produced on our roads annually, it is expected that just fewer than 50 of these individuals will die due to preventable actions. Our solution is to ensure that the Road Accident Fund has an adequate post-accident programme to ensure that there is sufficient rehabilitation and support of the spinal cord-injured and head-injured survivors of road accidents.

Mrs C DUDLEY: Madam Deputy Speaker, in addition to the shocking number of fatalities on our country’s roads and the comments that hon Gore has just made, statistics from the Department of Transport indicate that on average, 7 000 people per year are left permanently disabled as a result of car accidents.

The ACDP has consistently highlighted the role of alcohol in the disruption of lives and the tearing apart of families; and we want again to draw attention to this with renewed urgency with which we must address far- reaching consequences of drunken driving. Figures from the Department of Transport show that 95% of car accidents are as a result of traffic violations.

The ACDP welcomes initiatives to impose harsh punishments on those who violate traffic laws, as well as the proposed probation period for new drivers. Law enforcement is of key importance and must play a central role. Road safety lessons in schools must also be elevated in importance and play a greater role. The ACDP believes that the implementation of such measures will inspire change of attitude amongst drivers and a new culture of caution and co-operation on our roads, which will have a significant impact on lessening casualties and fatalities as a result of car accidents. Thank you. [Applause.]

Mr G D SCHNEEMANN: Thank you, Madam Speaker. Comrades, hon members, every day on the roads and highways of South Africa, traffic offences are committed which contribute to 38 deaths, 21 disabling injuries and 125 serious injuries which occur in road accidents on a daily basis.

The traffic offences, which are committed by both motorists and pedestrians, pose a danger to the safety of the users of our roads and often result in accidents, which not only leave behind damaged vehicles, but result in injuries and death of those involved. The cost to our economy on road accidents in 2005 was R43 billion - notwithstanding the pain and suffering of both victims and families.

Currently, of those who are caught committing a traffic offence: 17% of drivers exceed set speed limits; 4,3% of drivers exceed the legal alcohol limit; 28% of drivers disobey traffic signals; 2,3% of drivers do not have legal driving licences; 15,6% of drivers transporting passengers do not have a valid professional driving permit and 21,3% of vehicles stopped have defective tyres.

These are figures based on those traffic offenders who have been brought to book and yet there are many other traffic offenders who are not caught. Currently, only 4% of prosecutable road offences are brought to court, while only 17% of traffic fines are paid and this is a situation that cannot continue and needs to be resolved.

Road offences are criminal acts and need to be dealt with harshly by our courts. Many strategies have been implemented to help make our roads safer and to enforce compliance with the rules of the road.

These have included the Arrive Alive Campaign; the Tourist Bus Accident Package; Operation Juggernaut; the Patrol Vehicle Project and the 2001 Road to Safety Strategy. We also have the Road Traffic Management Co-operation Act, the Road Traffic Infringement Act and the Administrative Adjudication of Road Traffic Offences Act. Yet, despite these strategies and statutes, the level of noncompliance with these safety and regulatory measures remains unacceptably high.

I have a number of news clipping with me to illustrate what so often happens on our roads every day and I will read some of these headlines: “57 injured after bus crashes into car”; “Speeding blitz - 17 arrested in Ekurhuleni”; “16-year-old drives motor cycle at 194 km/h”; “Bus slams into petrol station” and “Soldiers, miner lose lives in head-on crash”.

We need to ask: if we have these various measures to enforce compliance with the rules of the road, why then do we still see such an unacceptable high number of accidents, casualties and fatalities?

There are a number of steps which have been taken to increase the level of enforcement, such as the creation of a highway patrol of 120 vehicles, the improvement in the training given to traffic officers, the establishment of the Road Traffic Management Corporation and the National Traffic Call Centre. Whilst steps have been taken to operationalise the RTMC, we need to see faster progress, as the RTMC will play an important role in road traffic law enforcement, road safety communication and education, road traffic information and the implementation of the Administrative Adjudication of the Road Traffic Offences Act. Part of the work of the RTMC is to ensure more effective co-ordination of traffic authorities throughout the country and we need to urge the RTMC to speed up this process. The implementation of the Road Traffic Offences Act, which will start with a points demerit pilot project to be implemented in Tshwane in January 2007 is most welcome.

This will result in motorists who commit a traffic offence having points assigned to their driver’s licence. If a motorist accumulates 12 points, this will result in the immediate suspension of his or her licence for 52 days. A motorist whose licence is suspended three times or more will have their licence nullified and will have to go through the licence test process from the beginning.

A motorist, for example, caught driving with an alcohol level above the legal limit would have six points allocated against his or her licence. We understand that this will be implemented throughout the country by 2008. These are tough measures and we trust that the users of our roads will take note that the breaking of traffic rules is not going to be tolerated.

Whilst a lot of work is being done through the use of speed traps to slow down speeding motorists, we need to see more visible traffic enforcement. According to a briefing, which the Portfolio Committee on Transport was given on 30 August this year, the National Road Safety Strategy includes the implementation of 1000 traffic checking roadblocks on a daily basis. This will certainly send out a clear message that we are tough on law enforcement and that traffic offenders will be brought to book.

We hope that this will be implemented as a matter of urgency. However, we need to see more patrol vehicles on all roads. They must be at local, provincial or national roads on a 24-hour basis. In this regard, we want to call on the Minister of Transport to urgently declare traffic enforcement an essential service.

Often at night one finds vehicles being driven at high speeds and vehicles being driven by drunken drivers. Currently many of the offenders get away with this because there are no traffic officers on the roads at night. It is for this reason that by being declared an essential service, traffic enforcement would be able to take place on a 24-hour basis.

In order to ensure that we can travel safely on our roads, we need visible and effective law enforcement. This means that the necessary resources, which include funds, need to be in place. The Department of Transport has advised the Transport Committee that the necessary funds will be provided. We trust that the Department together with National Treasury will ensure that the necessary funds are indeed allocated. Whilst it is incumbent on government to implement strategies to ensure compliance with the laws which govern how motorists should travel on the country’s roads, it is equally important that the users of the roads play their part as well. Too often we see drivers of motor vehicles and motorcycles driving without number plates.

Unroadworthy vehicles are often used to transport passengers, endangering the lives of passengers and others. Drivers driving at excessive speeds and under the influence of alcohol, pose a serious threat to the lives of passengers and other users of the roads.

There are no special laws that allow for tow-truck operators to drive through the red robots and at excessive speeds. Nor are there any special laws which allow minibus taxi drivers to drive in emergency lanes and stop wherever or whenever they want.

In 2005, 17 000 people were killed in road accidents, which is up from 14 000 in 2004. It is therefore time, I think, that every person in South Africa who makes use of the roads, starts to obey the rules of the roads and that they consider other person who use the roads as well.

If we all work together as users of our roads together with government, we can make our roads safer. We can reduce unacceptably high number of injuries and deaths attributed to road accidents.

And also, I would like to thank the Chairperson of the Portfolio Committee, Jeremy Cronin, for giving us as members of the House an opportunity to discuss this important issue. We in the ANC will support this resolution before us. Thank you very much.

Mr B E PULE: Madam Speaker, Ian Phillips, the advisor to the Minister of Transport had this to say, and I quote: “The Minister’s view is that we really don’t need to debate these things anymore. Implementation is the name of the game”. The UCDP subscribes to the philosophy that says implementation should be the game.

South Africa is a leading country in road fatalities. This obviously poses an onerous challenge on all road users - irrespective of the mode - to take responsibility and act decisively in the quest of zero tolerance for flouting road regulations. South Africa can no longer afford people who just drink and drive because alcohol is one of the causes of these fatalities, if not the greatest.

South Africa can no longer afford law-enforcement agencies such as traffic officers who hide at certain places rather than patrolling and remaining visible on the roads. That would definitely conscientise drivers to observe traffic rules. Passengers must be conscientised that seatbelts are for their own safety, and not for pleasing traffic officers. They seem to be more afraid of traffic cops than death.

Heavy fines have to be imposed on defaulters, as a deterrent; otherwise the government is spending more on road accidents than developing the poorest of the poor who are being killed on these road accidents. I thank you.

Nk M D NXUMALO: Phini likaSomlomo wePhalamende, Malungu ahloniphekile ePhalamende, zivakashi ezikhona eNdlini …

USOMLOMO: Bengicabanga ukuthi sengiwuSomlomo …

Nk M D NXUMALO: Somlomo … (Translation of isiZulu paragraphs follows.)

[Ms M D NXUMALO: Deputy Speaker of Parliament, hon Members of Parliament, guests present in the House …

The SPEAKER: The last time I checked I was still the Speaker …

Ms M D NXUMALO: Madam Speaker …]

… in his 2006 state of the nation address, the President stated that, and I quote:

South Africa needs more effective and efficient transportation systems, the integration of service delivery and infrastructure investment.

May I add that this call has become more urgent than ever before.

The latest statistics reveal that accidents lead to the loss of more than 17 000 lives, 7 000 permanently disabled people and 40 000 serious injuries annually, as well as around R43 billion in costs to the state, communities and individuals. With a situation like this, we will be able to reduce the number of fatalities in our roads, which affect mostly women and children.

I would like to highlight some of the causes of road accidents, and speed is one of the causes. We should know by now that speed kills. Drivers must adhere to speed limits. Other causes are unroadworthy vehicles; attitude of drivers; drunken driving; use of cellphones while driving; fatigue; noncompliance with the road signs; pedestrians walking on freeways or highways; our roads not being designed for cyclists and pedestrians; no sidewalks, especially in our townships; and no respect for pedestrian crossings.

We should introduce a point system where we reward those motorists in their early 20s and late 30s, who have annual unbroken records of not speeding, as well as those from early 40s to early 50s. The incentives can range from recording the names of such motorists, truck drivers, taxi drivers, etc on a national database. Special categories of awards can created with the help of insurance companies to incentivise such motorists.

There are laws that have been passed by this House, and amongst them are the following: Road Traffic Management Co-operation Act, which seeks to provide for co-operative and co-ordinated planning and provision of advice, regulation, facilitation and law enforcement in respect of road traffic matters; and the Administrative Adjudication of Road Traffic Offences Act, which seeks to provide for a points demerit system and the suspension of driving licences of repeat traffic offenders. This Act has not been rolled out yet.

The following aspects should be attended to urgently. We need to ensure that the speed limit on our roads is adhered to: 120 km per hour on freeways and mainly 60 km per hour in the built environment. There should be constant checking of unroadworthy vehicles, especially buses and taxis that carry our people to and from their destinations. Drivers should practise patience on our roads to avoid road rage and unnecessary loss of life. Drivers must not drink and drive. Drivers must rest after every two hours of driving, as fatigue contributes to most of the accidents.

Noncompliance with road signs is a serious offence and harsh penalties must accompany such offences. No pedestrians must be allowed to walk on highways. The designated areas for pedestrians and cyclists must be incorporated into our road planning, and township planning must ensure that there are sidewalks so that the pedestrians and vehicles will not fight for space on the roads.

On our roads, some drivers do not respect areas designated for pedestrians, therefore law-enforcement agencies must ensure heavy penalties against those who commit violations against pedestrians. When people occupy the land, legally and illegally, it affects proper planning and they tend to cross busy highways without due regard for their own safety. Quick upgrading of road safety mechanisms can prevent such accidents. We need education on road safety in our schools and this must be incorporated in the school curriculum. Our road safety departments in municipalities must take the lead in this regard.

At home, children must be educated about the dangers of playing on the streets without regard for their safety. Our parliamentary constituency offices must play a major role in educating the communities through a number of creative initiatives on road safety. Law-enforcement agencies must, therefore, ensure that the laws of this country are adhered to. Strict enforcement of the laws is evident in KwaZulu-Natal. Lastly, one life lost is one too many. I thank you. [Applause.]

Ngiyabonga, Phini likaSomlomo. [Ihlombe.]

USOMLOMO: Hhayi, ungibelesele umhlonishwa uNxumalo ngokubiza ngePhini likaSomlomo namhlanje. (Translation of isiZulu paragraphs follows.)

[Thank you, Deputy Speaker. [Applause.]

The SPEAKER: Well, the hon Nxumalo is keen on repeatedly addressing me as the Deputy Speaker today.]

Mr R B BHOOLA: Thank you, Madam Speaker. Last year there were 14 000 road fatalities, 40% of road deaths are pedestrians and road deaths are the major cause of unnatural deaths in children under the age of 15. These facts are a harsh reality, and if that is not enough, then the fact that road accidents cost government R42 billion a year is a serious motivation for road safety in South Africa. We thank the hon Cronin for bringing these statistics to our attention.

The situation on our roads is terrible and it needs to be addressed immediately. However, this should not just address transport shortcomings, but, as noted in Johannesburg, Pretoria and Durban, pedestrians have a terrible habit of walking in the road and persistently refuse to walk on the pavements.

Many road accidents and pedestrian deaths are caused by these pedestrians who ignorantly choose to share the road with commuters. The MF believes that legislation should be drafted making this behaviour illegal with a penance of a fine for walking in roads.

Since South Africa is in the grip of 2010 fever, the clean-up of our roads in view of these statistics that the hon Cronin so wisely likened with war killings should definitely stir enthusiasm for transformation. However, the MF believes that the motivation should not be 2010, but the responsibility to maintain safer roads for all. I thank you.

Mnr M I MOSS: Mev die Speaker, Adjunkminister, kollegas en vriende, dit is vir my ’n groot voorreg en eer om aan vandag se uiters belangrike debat oor padveiligheid in Suid-Afrika deel te neem. As ’n slagoffer van die onaanvaarbaar hoë aantal ongelukke wat jaarliks op ons paaie plaasvind, beskou ek myself as gekwalifiseerd genoeg om oor hierdie onderwerp te praat.

Suid-Afrika se padsterftesyfer was verlede jaar meer as 17 000 en dit is een van die hoogstes in die wêreld. Hierdie onaanvaarbaar hoë padsterftesyfer het ’n baie nadelige uitwerking op die Suid-Afrikaanse samelewing as geheel. Ek gaan ’n meer persoonlike weergawe gee van hoe my ongeluk my persoonlik geraak het.

Die 11de November 1993 was ’n dag wat ek nooit sal vergeet nie. Op die jeugdige ouderdom van 33 jaar het my hele lewe drasties verander. Ek was die organiseerder van die ANC aan die Weskus toe ek in ’n ernstige motorongeluk betrokke was. Ek is sedertdien ’n kwadrupleeg en permanent gestremd. Volgens die dokter was ek gelukkig om die ongeluk te oorleef. (Translation of Afrikaans paragraphs follows.)

[Mr M I MOSS: Madam Speaker, Deputy Minister, colleagues and friends, it is a great privilege and honour for me to participate in today’s extremely important debate on road safety in South Africa. As a victim of the unacceptably high number of such accidents that occur on our roads annually, I consider myself sufficiently qualified to talk on this topic.

South Africa’s road fatality figure was more than 17 000 last year and that is one of the highest worldwide. This unacceptably high fatality rate has an extremely negative impact on South African society as a whole. I shall give a more personal account of how my accident has affected me personally.

The 11th of November 1993 was a day I shall never forget. At the youthful age of 33 my entire life changed drastically. I was the organiser of the ANC along the West Coast, when I was involved in a serious motor accident. Since then I have been a quadriplegic and am permanently disabled. According to the doctor I was lucky to survive the accident.]

Dr Wendy Watson, Chief Director: Road Transport Regulation of the Department of Transport, recently made a presentation to the Portfolio Committee on Transport. Her revelations on road safety challenges in South Africa were shocking and moving. She says that last year alone accidents on our roads cost South Africans R43 billion. An average of 38 deaths, 21 disabling injuries and 21 serious injuries take place in our country every day.

Every year 20 000 families are going through the immeasurable pain and suffering by having a member killed or disabled due to accidents. Due to the motor accident of 12 years and 10 months ago, I became part of the above statistics. I am permanently bound to a wheelchair. My life has changed vastly and I am left with very limited physical use and control of myself. There are so many things I cannot do for myself and I depend on other people to do most things for me - simple things that many people take for granted.

My hands and legs don’t work and I have no feeling or sensation in my body from my chest down. I cannot sit on my own and cannot stand at all. I cannot dress or undress. To get washed, whether it’s in a shower or in a bath, I need 100% assistance. I can only eat or brush my teeth on my own by putting devices in my hands. Even getting to bed or turning from a position of sleeping on my back to my stomach or my side, I need help. This is all because I was injured in a motor vehicle accident.

If we as South Africans are not serious about road safety, which seems to be the case, serious accidents in which increasing numbers of people will become disabled and die on our roads will become part and parcel of our lives. We simply have to prevent it.

Ek is ook nie die eerste Lid van die Parlement wat ’n slagoffer is van padongelukke nie. Daar sit die agb Mzondeki en Vincent Gore wat vanuit sy sitplek moet praat omdat hy weens ’n ongeluk nie van hier voor af kan praat nie. Daar sit Roseberry Sonto en David Dlali, wat permanent krukke nodig het om oor die weg te kom.

Aan my linkerkant is daar die agb Stuart Farrow, ook ’n aktiewe lid van die Portefeuljekomitee oor Vervoer, wat baie besorg is oor padveiligheid. Hy loop met ’n effense gebrek as gevolg van ’n ongeluk wat hy 20 jaar gelede opgedoen het.

Nog ’n lid, Roy Jankielsohn, ook ’n Lid van die Parlement, wat twee jaar gelede so ernstig beseer is dat hy in ’n koma was, is egter van die gelukkiges, want hy het noemenswaardig van sy beserings herstel. (Translation of Afrikaans paragraphs follows.)

[I am also not the first Member of Parliament to become the victim of a road accident. There is the hon Mzondeki and Vincent Gore who has to speak from his seat because he cannot speak from the front here, due to his accident. There is Roseberry Sonto and David Dlali, who permanently need crutches to get about.

On my left there is the hon Stuart Farrow, also an active member of the Portfolio Committee on Transport, who is very concerned about road safety. He walks with a slight disability as a result of an accident he suffered 20 years ago.

Another member, Roy Jankielsohn, also a Member of Parliament, who was injured so seriously two years ago that he was in a coma, is one of the fortunate ones, however, because he recovered significantly from his injuries.]

I do not think we always realise the importance of road safety in our country. The people mentioned above did not attempt or were not committing suicide. They were either drivers or passengers and the accidents in which they were involved were not deliberate either. Whether they were driving fast or slow, under the influence of alcohol or not, or driving on a slippery, wet or bad road, the bottom line is that the accidents could have been avoided.

When I recovered to my full senses in hospital after having been in a coma after my accident, the doctor gave me tips I shall remember for the rest of my life. The doctor told me that since I did not have my seatbelt on at the time of my accident, in future when I get into a motorcar, I should ask the driver to buckle me up first and then fasten his own seatbelt.

Whether my accident happened because I did not have my seatbelt on or not, or in the case of other accidents where it was because of speed, alcohol, conditions of the road or whatever the case may be, road accidents are human and they can and should be avoided. We need to strive for the first prize, to strive for road safety at all times.

Die omstandighede van my ongeluk en wat gebeur het, is nog neutvars in my geheue. So teen die middag van die 11de November 13 jaar gelede het ek en my vriend Leonard Barnes, ’n vrywillige werker van die ANC, vanaf Lambertsbaai na Doringbaai gery. ’n Paar kilometer buite Lambertsbaai op ’n private grondpad sou ek die laaste keer ’n motor bestuur. Die ongeluk het skielik gebeur. Die een oomblik het ek nog die motor bestuur en die volgende oomblik het ek op die naat van my rug gelê. Al wat ek kan onthou, is hoe ek vir my kameraad sê: “Leonard, my nek is seer.”

Die rugmurg tussen my vyfde en sesde nekwerwel is totaal morsaf gebreek. Die besering was só ernstig dat ek per helikopter na die hospitaal vervoer moes word. Dit het my nege maande geneem om te genees en gerehabiliteer te word.

In hierdie tyd moes ek vir die eerste keer in my lewe gaan stem, en ek kon nie. Iemand anders moes namens my ’n kruisie trek, want ek het die gebruik van my hande in die ongeluk permanent verloor. (Translation of Afrikaans paragraphs follow.)

[The circumstances surrounding my accident and what transpired, are still perfectly fresh in my memory. Around the afternoon of the 11th of November 13 years ago, my friend, Leonard Barnes, a volunteer worker of the ANC and I, drove from Lamberts Bay to Doring Bay. A few kilometres outside Lamberts Bay on a private gravel road I would drive a car for the last time.

The accident happened suddenly. One moment I was still driving the car and the next I lay flat on my back. All I can remember is how I told my comrade, “Leonard, my neck is sore.”

The spinal cord between my fifth and sixth vertebrae had been completely severed. The injury was so serious that I had to be transported to the hospital by helicopter. It took me nine months to heal and to be rehabilitated.

In this time I had to go and vote for the first time in my life, and I could not. Someone else had to make the cross on my behalf, because I had permanently lost the use of my hands in the accident.]

Dr Watson also pointed out to the portfolio committee that as South Africans we are faced with many serious challenges when it comes to road safety. She said that we are regarded as a noncompliant society with no respect for the law. Alcohol abuse and speed are amongst the main causes of accidents. Law enforcement is inadequate and of the thousands of motorists who are fined, the fine collection is only 17%.

Fraud and corruption are very prevalent in the transport industry, according to her. There is also a critical need for better co-ordination between the three tiers of government. The speed limits in the urban areas are too high for pedestrians, hence the high tally of pedestrian deaths.

One can also at long last say that the government is now beginning to take the issue of transport safety more seriously. Progressive road safety campaigns such as Arrive Alive are only some of the campaigns that have been implemented in the past. A two-day transport lekgotla was held at Tshwane and will be followed by three more conferences, which will end with the Third Annual African Road Safety Conference on 31 October and 1 November at Kayalami.

The account I was trying to sketch to members tried to illustrate the importance of road safety. The suffering that you have to go through, at times is to such an extent that you wish it hadn’t happened to you. But, as speakers before me have said: all people are potential victims of road accidents because it does not only depend on you as a driver or as a passenger with a driver who knows how to drive, but you get those unruly elements on our roads who don’t care a damn whether you are a law-abiding citizen or not. These are the facts that we have to imprint on the drivers on our roads. [Time expired.] [Applause.]

Ms N M MDAKA: Chairperson, hon members, this debate came coincidentally while the nation is debating gains and losses arising from the enactment of the Road Accident Fund Act 19 of 2005, which came into effect in January this year. It is my view that we must now shift the focus and start looking at how best it is for us to prevent the causes of injuries and fatal deaths, which are inevitable accidents.

I must voice my grave concerns. Not a day passes without the media reporting the news that a taxi has been involved in an accident. Maybe the Minister of Transport should consider a regulating law that will enable these minibuses to have their special lane, at least in metropolitan cities. The department should consider regulating truck drivers and long distance transport to take a pause in between their journeys because this is too much.

Although the campaign by Arrive Alive is well appreciated, it is regrettable that few of our drivers voluntarily listen to these calls. Thank you. [Time expired.] [Applause.]

Mr L M GREEN: Chairperson, everyone agrees when evaluating the statistics relating to deaths on our roads as a result of motor vehicle accidents that the number of people dying on our roads is unacceptably high, especially during Easter and the December holidays.

According to the Road Safety Strategy, the main contributors to road accidents are: driver factors, 80%; vehicle factors about 15% of cases and road environment, 5% of cases. When we examine the number of accidents involving minibus taxis, the trend is very disturbing. Many of us driving to Parliament experience the gross violation of traffic rules by especially minibus taxis on a daily basis. Most of the time there is no or very little law enforcement. Traffic officers must be visible every day on our national roads, especially during peak hours.

We welcome the sponsorship of 20 vehicles by OUTsurance to enhance safety on our roads.

Finally, speeding is a punishable offence. The maximum penalty could be death. I thank you. [Applause.]

Mr J P CRONIN: Chairperson, hon members, first of all, I just want to say that the Minister has apologised for not being present. He would very much like to have participated in this debate.

I would like to thank all of the speakers who took part in this debate for their constructive words and also wise inputs – wise without exception. In particular, obviously, the very moving inputs made by the hon Gore and hon Maxwell Moss who reminded us as we reeled off grim statistics that we are not just talking about statistics – we are talking about human beings and real human suffering.

In Parliament, I think, we sometimes earn perhaps the unjustified reputation of being quarrelsome and more interested in scoring points against each other around sometimes silly matters - the politics of politicians and not the politics of the real issues that are affecting millions and millions of people out there. And so, I would, particularly, like to thank the tone and quality of the inputs that we’ve received from all participants in this debate.

When we behave like politicians, in the narrow sense of the word, we reinforce the cynicism, which I think often lies at the heart of the very problem that we’re dealing with when it comes to safety on our roads - the kind of cynicism and scepticism about authority and responsibility. Make no mistake that this is an issue that the public expects us public representatives to take very seriously and to ensure that we do something about.

Why have we seen this increase - quite a dramatic increase in the last years? It has a lot to do with an increase in the number of cars. Last month 35 000 new cars got onto our roads – that has to be a factor, and it underlines why it’s so important to get our public transport right so that there will not be so many cars on the road.

We must be careful not to undermine or dismiss what has been tried in the past. Arrive Alive has indeed been an important campaign. But it is essentially an education campaign. There’s hardly anyone in South Africa who doesn’t know now that speed kills, we should buckle up and shouldn’t drink and drive. But out there, there’s a hard core of some 15% to 20% of drivers who hear, but are just not listening and are not prepared to listen. Therefore, what now has to be done can be summarised in three words: It’s enforcement, implementation and enforcement.

When it comes to implementation, there have been problems. For instance, here in Parliament, the Administrative Adjudication of Road Traffic Offences Act was passed in 1998. That has still not been implemented. One of the key reasons for the failure to implement is this confusion between the municipal, provincial and national spheres. The Constitution says traffic enforcement is basically a provincial and local competency. That’s important but we can’t now allow turf battles to undermine effective implementation. I think it’s absolutely important that we send from Parliament a strong message in that direction.

We also need public support. Some measures would be firm but we need to understand the importance thereof. The Bill of Rights says:

Everyone has the right to life. Everyone has inherent dignity and the right to have their dignity respected … Everyone has the right to freedom of movement.

Let’s make that inspiring vision something that actually applies on our roads every single day. Let’s work together to make a serious impact on road safety in South Africa. Thank you, Chairperson. [Applause.]

Debate concluded.

CENSURING OF THE FORMER MINISTER OF MINERALS AND ENERGY FOR MISLEADING THE PUBLIC ON THE DAMAGE TO THE KOEBERG UNIT (Draft Resolution)

Adv H C SCHMIDT: Chairperson, on the eve of the local government elections held on 1 March 2006, the hon Minister Alec Erwin made a statement that South Africa understood to indicate that a major national security flashpoint was sabotaged.

In turn, the hon Minister Lindiwe Hendricks went a step further saying that clearly, other forces were at play’’ and that there was… growing evidence of a linkage of some of these events to resistance to the transformation drive by the government’’.

Government Ministers have no business misleading the public at a time as crucial as an election. In any other democracy, such action by members of the Cabinet would lead to voluntary resignation or in fact their dismissal.

Despite the reports of the Nuclear Energy Regulator as well as any other reports on the incident, no evidence of any sabotage nor in particular that these events originated from ``resistance to the transformation drive by the government’’ was found, in fact quite the opposite.

It is unfortunate that the hon Minister has shown no grasp of the seriousness of making a misleading statement pertaining to a breach of security at a major national security flashpoint on the eve of an event as important to the calendar of a democratic country as a country-wide election.

The hon Minister has had ample opportunity to apologise to the people of South Africa for having made the misleading statements but has failed to do so.

Cabinet Ministers are entrusted with running our nation. Under no circumstances can we condone their misuse of issues of national security that affect millions of people for narrow party-political purposes. Due to the shutdown of the Koeberg number 1 power unit, businesses in Cape Town have suffered damages close to a billion rand.

It is therefore in the public interest that responsible parties are held to account, as this will help prevent this situation re-occurring, whether it is in the case of electricity provision or any other sector.

It has become all the more imperative that an independent commission of inquiry be appointed now that the hon Minister of Public Enterprises and the hon former Minister of Minerals and Energy, Lindiwe Hendricks, have discredited themselves in the public eye by making frivolous claims that the Koeberg problems were the result of sabotage.

So far, neither of the hon Ministers have been willing to take any responsibility for the shortage of electricity generation and distribution capacity in South Africa.

Instead, government has tried to soft-pedal South Africa’s shortages. In March 2006, Members of Parliament were informed that South Africa does not face a national crisis, but were merely in a ``tight spot’’.

I therefore call upon this House to take steps to censure the hon Minister Lindiwe Hendricks for misleading the public on the eve of the local government elections. I thank you, Chairperson.

Mr E N MTHETHWA: Sihlalo, malungu ahloniphekile esishayamthetho, maqabane … [Chairperson, hon. members of the House, comrades …]

… let me start by making a differentiation here between the public eye and the DA’s eye. The hon Schmidt’s generalisation about the public eye, meaning their eyes, is confusing but it’s okay.

Kusukela ngenyanga kaLwezi kuya kuZibandlela nyakenye, kudlulele nakuNhlolanja kulo nyaka, kwaba nokucisha kukagesi izikhathi ezimbalwa. Lezi zehlakalo yizinto ezaphatha kabi isizwe sonkana, bheka nje ngoba iKomiti Lezokumbiwa phansi Namandla laze labiza umhlangano nenhlangano ephehla futhi iphake ugesi, u-Eskom. Lezi zinhlaka zombili zaludingida kabanzi lolu daba.

Khona manjalo owayenguNgqongqoshe ngaleso sikhathi, uNkk Lindiwe Hendricks, wathintana nabelul eki bakhe ngalolu daba, wayesebeka uvo lwakhe kubacosheli bezindaba. UNgqongqoshe wakubeka ukuthi wayeselumene indlebe nabeluleki boMnyango nokuthi kukhona amahlongandlebe ayedala ukuphazamiseka kukagesi. Wakubeka nokuthi uphiko lobunhloli bezwe kanye nolwamaphoyisa lwalululandela lolu daba. Waqhuba wathi izigilamkhuba ziyoyikhotha imbenge yomile, futhi lezo zichwensi zazisebenzela ubumnyama ngezenzo zazo, kanti nezenzo zazo azihambisani noguquko olusekelwe phezu kwentando yeningi.

Sihlalo, ngiyehluleka-ke ukuthola ukuthi yini-ke lena eyenza ilungu elihloniphekile uMnu Schmidt athi uNgqongqoshe akakhombisanga buqotho kule Ndlu, nasesizweni. Empeleni, kuliqiniso elimsulwa ukuthi kukhona abathile asebebhekene ngqo nengalo yomthetho ngaleso senzo. UNgqongqoshe wenza into esisizile yokwembula ikhasi ebelihlanekezelwe. Ngabe leli lungu elihloniphekile lalifuna uNgqongqoshe asonge izandla yini kodwa kube konakala? Ngabe lalifisa ukuthi kube yilo yini elicebisa uNgqongqoshe ngale mpicabadala na?

UNgqongqoshe wakhombisa ubuholi obuqotho nobunombono-ngqangi ngomsebenzi wakhe. Kungephikwe ukuthi uNgqongqoshe akasona isanusi, wayengeke aphonse amathambo aqagule amagama nezibongo, amapasi nezipesheli zalawa mahlongandlebe. Pho-ke yini lena eyenza ukuthi namhlanje leli lungu elihloniphekile lifune ukuthi thina sidingide insumansumane emini kwabha? Kungabe lokhu kukhombisa ukuthi sekuphele izinto eziphusile esingazixoxa na? Ingabe leli lungu elihloniphekile neqembu lalo bazama ukuzuza amaphuzu kwezombusazwe na? Ngakolunye uhlangothi, singalixolela leli lungu ngoba umbuso wethu ulawulwa ngentando yeningi. Sazabalaza silwela uhlelo olunje ukuze sikhulule nabo abafana naleli lungu, ababebhema shungwini linye nombuso wobandlululo. Sasenzela ukuthi uwonkewonke akwazi ukubeka uvo lwakhe, kungakhathalekile ukuthi luphusile yini noma cha.

Ukuba mina bengiyileli lungu, bengizothi asixoxe ngobumnandi bentando yeningi ngoba kumnandi ukuphila ngaphansi kwentando yeningi, hhayi le mbude esiyixoxayo. Nokungenadosi sekuyatinyela, ngimfunge uDingiswayo! Goba msenge, zikudle izimbuzi!

Kunezinselelo ezinkulu esibhekene nazo kule mboni kagesi. Okuyikhona engabe sixoxa ngakho ukufakelwa kukagesi ezindaweni esiphuma kuzo. Isizwe sakithi sikhathazekile ngokuthi, okokuqala, siwuthola kanjani ugesi; okwesibili, yehliswa kanjani intengo yawo; okwesithathu, siqinisekisa kanjani ukuthi lo gesi esinawo emakhaya useqophelweni eliphezulu?

Muva nje sikhuluma nabomasipala, ikakhulukazi labo bezifunda, ukuze bahlangatshezwe ekutholakaleni kukagesi. NgoLwesihlanu lolu esiphuma kulo, ngenkathi iPhalamende Labantu lihlangane eTsoreni litshelwe wumphakathi ngezinkinga ohlangabezana nazo ngogesi. Kuleziya zinkumbi zabantu, bengebaningi ungathi uZulu eya eMakheni, akukho ngisho namunye oke wathi kunenkinga yokungabi qotho kwalowo owayenguNgqongqoshe walo Mnyango. Nina- ke beqembu le-DA niwuthathaphi lo mqondo omfishane kangaka? Niyazihlaza njengeqembu futhi nihlaza neSishayamthetho sethu. Nenza umphakathi ucabange ukuthi sonke sifana nani, kube sengathi asazi ukuthi ziyini izidingo zawo.

Ngisho noma ngabe useMutale, e Shingwedzi, useKgalagadi noma use-O R Tambo, eMkhanyakude, eKangala, eMotlosana, eThabo Mofutsanyane, Ekurhuleni nalapho siphuma khona eTsoreni, abantu bafuna lezi zinto esizibalayo Njengombutho Wesizwe, hhayi lezi zakwenu kwa-DA. Sinabantu kulo mbutho wethu, uKhongolose, abakwazi ukubona into ingakenzeki. Lokho-ke kuchaza khona ukuba nombonongqangi, njengobuholi bombutho.

Ubuqotho bukaNgqongqoshe abungatshazwa, nalapho esekhona njengamanje wenza siziqhayise ngaye. Ngifaka inselelo elungwini elihloniphekile leKomiti lethu lezokuMbiwa phansi naMandla ukuthi kokuzayo lifake ingxoxo eyenza isizwe siye phambili, lingazenzi inhlekisa njengozakwabo umhlonishwa uGibson, osedumile nokho ngokuba yinhlekisa. Kodwa unelungelo elikuMthethosisekelo lokusho noma yini, ngisho nokunomqondo kanye nokungenawo. (Translation of isiZulu paragraphs follows.)

[Between November and December last year, and also in February this year, there were several blackouts. These incidents disturbed the whole nation. The minerals and energy committee called a meeting with Eskom. And these two structures had a long discussion about this issue. The then Minister of Minerals and Energy, Mrs Lindiwe Hendricks, consulted her advisers concerning this issue and she made the statement to the media. The Minister made it clear that she consulted the advisers of the department and that there were people who were tampering with the electricity supply. She also said that the National Intelligence Agency and the SA Police Service were investigating this issue. She went on to say that the perpetrators would face the consequences and that their acts were not in line with changes entrenched in democracy.

Chairperson, I fail to understand what makes the hon member, Mr Schmidt, say that the Minister was not honest with this House and the nation at large. In fact, the truth of the matter is that there are people who are currently facing the law with regard to these actions. The Minister did something that helped us and she corrected the misinformation. Does this hon member want the Minister to fold her arms while things are getting bad? Does the member want to advise the Minister about this riddle?

The Minister demonstrated honesty and vision in her job. We cannot deny the fact that the Minister is not a sangoma; she therefore could not be expected to throw the bones around and foretell the names and addresses of the perpetrators. What is it then that makes this hon member want us to discuss the fairytale in broad daylight? Does this mean that we are running short of things to be discussed? Are this hon member and his party trying to score political points? On the other hand, we can forgive this hon member because our government is democratic. We fought for this kind of governance so as to free those people who were singing the same tune with the apartheid government, like this hon member. We fought so that everyone can express her opinion, regardless of whether that opinion makes sense or not.

If I were this hon member, I was going to say let us talk about the joys of democracy because it is nice to live in a democracy, and not leave this nonsense that we are talking about now. Even the least dangerous now pretends to be dangerous. I swear by King Dingiswayo! Things have since changed for the worse!

There are many challenges that are facing the electricity industry. What we are supposed to talk about is the supply of electricity in places where we come from. The people are worried, firstly, about how to get electricity; secondly, about how to decrease the electricity price and, thirdly, about the quality of the electricity that they get.

We are currently talking to municipalities, particularly the district municipalities, so as to meet them halfway with regard to electricity supply. Last Friday when the People’s Parliament had a sitting in Tsoreni, we were told about the problems that the community encounters in connection with electricity. Out of the many people who were there – as many as the Zulus on their way to Makheni – not even one person complained about the dishonesty of the former Minister of this department. And where do you people from the DA get this crazy idea from? You bring disgrace to your party and the National Assembly. You make the community think that we are all like you and we don’t know their needs.

Whether they are in Mutale, Shingwedzi, Kgalagadi, O R Tambo, Mkhanyakude, Kangala, Motlosana, Thabo Mofutsanyane, Ekurhuleni or even Tsoreni – where we have just been – people want these services that we as the African National Congress mention when we talk about governing the country, not the ones that the DA mentions. We have people in this party, the African National Congress, who can foresee things. That means we have a vision as the leadership of the party.

We don’t doubt the leadership of the Minister; even where she is today, she makes us proud of her. I am challenging the hon member of the Portfolio Committee on Minerals and Energy to raise the issues that will take the nation forward, and not make fun of himself like his colleague, the hon Gibson, who is now a laughing stock. He, however, has a constitutional right to say whatever he likes regardless of whether it makes sense or not.]

We note with sadness the disgraceful nature of the DA. Instead of addressing issues of creating jobs and fighting poverty, they are studying newspapers and formulating policy positions - what a shallow way of circulating ideas. They have developed a trend of being economical with the truth. For instance, it has been proven that they never raised a question on the issue of the President’s residence with the Department of Public Works. They were once more found wanting on Madam Speaker’s integrity to the nation. They are now targeting Minister Hendricks on an issue which is a nonstarter. If the opposition continues to demonstrate such lack of depth, then South Africa literally has no opposition. Your preoccupation with playing to the gallery has no substance, to say the least. [Interjections.] We urge the DA to start taking this House seriously and not bring all nonsense forward for a flimsy debate.

We will continue to meet targets of development as set out by the programme of the ANC-led government. On this, we will not be detracted, even by the whingers there. Thank you, Chairperson. [Applause.]

Mr E J LUCAS: Chairperson, the reasons surrounding the power shortages that caused so much destruction to the lives of people in the Western Cape, have created heated debate and much speculation. We have heard many theories including one about sabotage, but the only actual evidence that we were presented with, before the report of the National Energy Regulator of SA, was that of a bolt which caused damage to the generator at Koeberg.

All this speculation is understandable, though, considering the role that the electricity plays in our everyday lives and the fact that we do not want to experience a repeat of this unfortunate incident. We, in the IFP, do however, believe that the lack of time and communication by the relevant authorities about the power shortages, as well as certain members of government making unsubstantiated claims, have contributed to people speculating unnecessarily about the situation and inventing their own theories about how and why the blackouts were caused.

The real reason for the power shortages, were made known in the report by the National Energy Regulator of SA, which conducted an investigation into this serious matter. It was reported that the former Minister of Minerals and Energy, Mrs Lindiwe Hendricks, stated that the power shortages could not just be linked to inadequate transmission or generation capacity and that they curiously coincided with an important process in the democratic calendar.

What I know concerning this was the extent of the hon Minister’s comments about this matter on 28 February 2006. Although the Minister might have made some veiled suggestions, we do not believe that they were intended to mislead the public. The most important issue is to ensure that we do not have to repeat this whole debacle and that the report of Nersa is taken into consideration, so that we can correct the problems that led to the blackouts and ensure that a similar situation does not develop again in the future. I thank you.

Mr L W GREYLING: Chair, the ID finds all of this completely absurd. We would like to know why Parliament’s time has to be continually used up to settle scores between these two parties when all that is actually required is a simple apology.

The parliamentary events of the last few weeks could have all been avoided if the ANC and the DA could just learn to apologise when they have made a mistake. Instead, we have to consider censuring the Minister and setting up ad hoc committees to ascertain whether Ministers are sabotaged or not. Minister Erwin, you said it, it’s on tape, get over it and simply apologise. Hon Gibson, you made an error in judgment by invading the President’s residence - apologise and let us move on.

It is no wonder that politicians have such a bad reputation. What all the public sees is the constant squirming and spinning, when they just need to admit wrongdoing and apologise.

Everyone knows that the money received by the ANC in Oilgate was wrongly acquired, so give the money back. Everyone knows that the DA is being hypocritical by not giving Kebble’s money back, but it still wants to use spin instead of concrete actions. Can we please end this cycle of schoolyard antics and show South Africa some real leadership? Can we please concentrate on the real issues such as how we compensate businesses that went bankrupt because of these power outages? Those are the kinds of discussions the public is really interested in. I thank you. [Interjections.]

Mr H B CUPIDO: Chairperson, the ACDP does not see the necessity of appointing an ad hoc committee for a matter that is of such absolute clarity, that it requires no investigation. Let us indulge consciously in the exploration of semantics, but let the matter be resolved without further delay. The hon Minister Erwin publicly used the words … [Interjection.]

The HOUSE CHAIRPERSON (Mr G Q M Doidge): Order! Order! Hon member please take your seat! I think you are in the wrong debate. This is not the one setting up the committee. Do you want to continue on this one?

Mr H B CUPIDO: OK. Thank you, sir.

The HOUSE CHAIRPERSON (Mr G Q M Doidge): Please, proceed hon member.

Mr H B CUPIDO: Chairperson, on the other one, it is the view of the ACDP that the hon Ms Lindiwe Hendricks, erred in making public statements that could not be backed up with evidence. We are further of the opinion that, making such a statement on the eve of the local government elections was not within the bounds of the required levels of responsibility. At a time when households were thrown into disarray by the electricity blackouts, entire communities and even hospital patients were being affected, it was entirely inappropriate to attempt to extract political gain from the situation. The ACDP would welcome an apology from the hon Ms Hendricks. Thank you.

Mnr W D SPIES: Agb Voorsitter, op die vooraand van verkiesings word baie dinge gesê. Die agb leier van die DA is byvoorbeeld bekend vir sy uitsprake voor elke verkiesing, dat die DA gereed is om die ANC te klop. Of dat slegs die DA groot genoeg is om die ANC aan te vat. Die waarheid is dat die DA nie groot genoeg is nie en ongelukkig nie die ANC op sy eie kan keer nie. In Kaapstad en George kon hy dit wel doen, maar met die VF Plus se steun – maar nie op sy eie nie. Moet die agb DA-leier daarvoor gesensureer word? Moet die Parlement na die verkiesing eis dat die DA-leier in die openbaar om verskoning vra vir die soveelste misleiding? Is die uitsprake nie maar net verkoopspraatjies of “puffing” soos dit in die regswêreld genoem word nie? Miskien.

Miskien het die destydse Minister van Minerale en Energie ook net verkoopspraatjies gemaak toe sy die wêreld vertel het dat die probleme by Koeberg veroorsaak is deur mense wat transformasie teenstaan. Miskien was dit net verkoopspraatjies wat veroorsaak het dat elke Eskomwerker wat by Koeberg werk, vir ses maande lank ’n terreur en sabotasieverdagte was. [Tyd verstreke.] (Translation of Afrikaans speech follows.)

[Mr W D SPIES: Hon Chairperson, many things are said on the eve of elections. The hon leader of the DA is, for example, is known for his pronouncements before each election that the DA is ready to beat the ANC. Or that only the DA is big enough to take on the ANC. The truth is that the DA is not big enough and unfortunately cannot stop the ANC on its own. It could do so in Cape Town and George, with the support of the FF Plus – but not on its own. Should the hon DA leader be censured because of it? Should Parliament, after the election, demand that the DA leader publicly apologise for misleading it for the umpteenth time? Are the pronouncements not just sales talk or “puffing” as it is called in the legal world? Perhaps.

Perhaps the then Minister of Minerals and Energy was also just engaging in sales talk when she told the world that the problems at Koeberg were caused by people opposed to transformation. Perhaps it was only sales talk that caused each and every Eskom employee who works for Koeberg to be a terror and sabotage suspect for six months. [Time expired.]]

Mnr J J M STEPHENS: Mnr die Voorsitter, ek moet darem sê, in elke verkiesing het die DA in werklikheid die ANC aangevat en damn goed gedoen ook op baie plekke. Maar daar is darem ’n groot verskil tussen om ’n voorspelling te waag oor die uitslag van ’n verkiesing en om werklike feite nie korrek weer te gee nie. Daar is ’n baie groot verskil. (Translation of Afrikaans paragraph follows.)

[Mr J J M STEPHENS: Mr Chairperson, I must just say that in every election, the DA has in reality taken on the ANC and done damn well in many places. But there is actually a big difference between risking a forecast about the results of an election and not conveying the correct facts. There is a very big difference.]

Hon Mthethwa, I must really say that I am astounded by your lack of comprehension of what democracy really is. You say that you fought for it. I am afraid, you fought for something that you don’t understand. [Interjections.] I am really sorry. Your grasp of the basic idea of democracy is very, very tenuous. You don’t understand what the value of truth and the value of honesty are in the whole process. Democracy does not consist merely of people making a cross on a piece of paper and choosing representatives every now and then. Democracy is far more than that. It is far more. It is time, hon Mtethwa that you perhaps take up a book – there are a number of them on democracy – and start reading and you will gain some understanding and you might even join the DA. [Applause.]

Hon Greyling, the less he said the better, but what he said is the better, because he is just a noise boy. Apparently he doesn’t have anything to really contribute, except for a lot of volume.

We are all elected representatives and leaders of the people of South Africa. Our first allegiance in everything we say and we do must surely be to the people of South Africa. The fact that we are members of political parties must rank in importance behind this allegiance. We cannot allow ourselves to become mere vote-catching tools, whenever there is an election. Whatever the pressures to win elections, we must first be true to our greater responsibility, and that responsibility is to advance the cause of South Africa, rather than the cause of any particular political party. Indeed, a conflict between these two should never arise. I am constrained to make this point because it ill-behoves any one of us to abuse the position of trust that the voters have placed us in by making inventive statements tailored to suit our own party-political agenda. The public rightly expects us not merely to be truthful and sincere in what we say and in what we do, but in so saying and doing to advance the common good of all people.

What is true for members is even more so for Ministers, such as the hon Hendricks. Ministers are in a unique position to access the facts pertaining to the administration of the state. Ministers must therefore be meticulous about the correctness of the facts they present to the people. They cannot indulge in flights of fancy. They must not be divisive or alarmist. At risk is the very credibility of the state. State credibility is at the heart of legitimacy. If people lose faith in the punctilious truthfulness of Ministers, it is not merely the governing party that is discredited, but the whole machinery of state. When people discover that they can no longer trust information and statements emanating from government, the fabric of public life is frayed and weakened. A season of hope can easily turn into a season of despair.

By allowing her to be so cynically used for electioneering, the hon Hendricks has done a disservice to the people of South Africa. She mentioned mounting evidence that Koeberg’s breakdown was wilfully perpetrated in resistance to the government’s transformation agenda, but that mounting evidence apparently dismounted and ran for cover so soon after the elections, that one can only infer that there was no such evidence at her disposal at the time she made the statement. [Applause.] Hon Mthethwa would do well to take note of the results of the investigation that was done afterwards.

Not only was that statement calculated to win the ANC a few votes in the Western Cape, it was a callous and deeply divisive statement. It was calculated to cast suspicion and to create distrust between communities throughout the length and the breadth of this country. Will the hon Hendricks not agree that it is our duty, all of us, to heal the wounds of the past, rather than to exacerbate them? [Time expired.] [Applause.]

Nkskz B TINTO: Mhlalingaphambili, malungu abekekileyo akule Ndlu, amaqabane onke akhoyo apha eNdlwini, mandibulele eli thuba ndilinikiweyo lokuza kuthetha apha. Okokuqala, ndifuna ukubulela uMphathiswa, uMama uLindiwe Hendricks ngendima athe wayidlala kwithutyana nje elingephi ekhokela iSebe leziMbiwa naMandla. Akulunganga ukuba abanye abantu bagxeke ngenxa yolwazi lwabo oluncinane. (Translation of isiXhosa paragraph follows.)

[Mrs B TINTO: Chairperson, hon members present in this House, all comrades present here in the House, let me express my gratitude for the opportunity given me to speak here. Firstly, I want to thank the hon Minister, Mrs Lindiwe Hendricks, for the role she has played within just a short space of time of heading the Department of Minerals and Energy. It is not good that other people criticise due to their lack of knowledge.]

I think it is not correct to try and bog her down to the semiotics and semantics on this particular statement, and then not to follow the developments thereafter.

Hayi thula wena! [No, be quiet!]

The interpretation of this particular statement by the DA bear signs of a metaphysical and mechanistic nature that is not backed by substantive inquiry on what transpired with regard to disciplinary processes and investigations that followed. Clearly these are forces of maintenance bent on keeping the status quo resorting to petty politicking in order to try and destabilise transformation programmes through focus on menial issues. The issues that are central to the development of our country and its people are not cast aside to satisfy the cosseted hunger of discrediting the government of the day.

Dialectical logic tells us that one will have to engage the fundamental tenants of an issue to make correct interpretations. This is clearly lacking in the DA on this particular issue. The former Minister’s tenure has been characterised by intensive progress with regards to transformation agenda. It is during her tenure that the revolutionary Diamond Amendment Act and the Precious Metals Act were passed, and transformation of mineral ownership forever for the benefit of our people and that requires acknowledgement.

For the first time in the history of our country all energy institutions are integrated under one regulator and that is Nersa. It is during her time as Minister of Minerals and Energy that these developments transpired. Furthermore, the Electricity Regulation Act was passed to transform the electricity distribution sector.

UMphathiswa wasebenza kakhulu ukuqhubela phambili ukufakelwa kombane kwiindawo ezihlala abantu, ngakumbi ezilalini kanti nalapha ezidolophini kubantu abahlelelekileyo. [The Minister worked very hard to advance the installation of electricity in residential areas, especially in rural areas and even here in the urban areas for disadvantaged people.]

This draft resolution follows hot on the heels of similar occurrences. One of those was to accuse the Speaker of the House of lowering the integrity of Parliament by accompanying Tony Yengeni. The House proved that their motion does not hold water, and it is weak. They were defeated and humiliated. This is consistent with people who are not familiar with the fundamental ethos of Ubuntu.

Okwehashe xa lifayo, likhabalaza kakhulu. Bayaphazamisa Mhlalingaphambili, aba bantu. [Like a dying horse, it kicks very hard. These people are disturbing, Chairperson.]

The HOUSE CHAIRPERSON (Mr G Q M Doidge): The hon member is complaining that you are disrupting her while she is delivering her speech. Please give her a chance to be heard. Please proceed hon member.

Mrs B TINTO: Thank you, Chair.

Oku kwehashe xa lifayo … [Just like a dying horse …]

… they went to the house of the President, accompanied by the media, conducted a circus and made fools of themselves. They were chastised by the nation, and the House was in agreement on the fact that this was nonsensical, and should not be allowed. And now we are debating a statement by the former Minister precisely on the tired issue of Koeberg outages. Comrade Alec Erwin dealt with this issue at some length.

Kufuneka sijonge utshintsho kunye nenkqubela phambili ayenzileyo. Bubuvuvu ukuzama ukugxeka uMphathiswa ngethuba elifutshane ekhokela iSebe leziMbiwa naMandla. [We must look at the changes and the development she has facilitated. It is a fallacy to try to critisise the Minister when she has headed the Department of Minerals and Energy for such a short time.]

As this House we must also ask ourselves whether it is appropriate to debate these kinds of resolutions, as they bear the hallmarks of pettiness, and undermine the integrity of the House. We are setting a precedent that is not correct, as everything that is said by members of the executive, wherever they are, will be debated in this House. Thank you.

Ms S RAJBALLY: Chairperson, the MF reiterates its footing on the responsibility of all state persons to deliver to the people the facts and to operate as efficiently and effectively as possible. Excuses cannot be made for the power cuts in the Western Cape from November 2005 to February

  1. South Africa is to be governed on a system of transparency and when the public notes an error, we have a duty to respond positively. Statements regarding power supply to neighbouring countries have indicated the commitment to the neighbours being prioritised over domestic needs. The MF requests that the electorate be educated on how to communicate with the public as it has a detrimental impact on our government as perceived and acknowledged in our efforts to serve our people. Thank you.

Mr S K LOUW: Chairperson, it is imperative to approach this draft resolution philosophically to set a mature basis and deal with its semantic character. This draft resolution emanates from the spate of power outages that have dogged the Western Cape, particularly Cape Town. The particular outage in question occurred on 27 February 2006, on the eve of the local government elections. Due to the timing of these outages, they attracted huge public interest and both Ministers Alec Erwin and Lindiwe Hendricks, the former Minister of Minerals and Energy, addressed the press conference in Pretoria. I emphasise and I repeat, in Pretoria. Not in Parliament. [Interjections.] What is important? It is a fact that prior to the press conference, the CEO of Eskom alerted the Ministers to the foreign object in the reactor. The bolt had been found inside the generator.

For the hon Adv Schmidt, from the DA, to bring a motion of this nature for debate in this House, is really a questionable action. It is a clear indication that there is a serious lack of maturity in his political knowledge. The motion before this House today, needs to be questioned. What is the DA’s political agenda? Their objectives are nothing less than a continuation of the DA’s attempt to portray the executive in a negative light. [Interjections.]

They are scraping their political barrels. One tends to question their performance lately and can only come to one conclusion that they are politically bankrupt, if they bring flimsy allegations against Minister Hendricks to the Chamber for debate. She has done an extremely good job during her time in the Department of Minerals and Energy. The Minister set the transformation agenda … [Interjections.] If you keep quiet, then you might learn something!

The Minister set the transformation agenda of government and continued her task and responsibility given by the hon President of this country.

She never failed this government and the organisation she represents. She rather excelled in all fields of her deployment. During her term … [Interjections.] That is not your business!

During her term of office, there was also a significant legislation related development, which saw the passing of the Diamond Amendment Bill and the Precious Metals Amendment Bill and the Electricity Regulatory Bill. The baton that was passed on to her by the Deputy President was a very, very tough one. She has to deal with the minerals of this country that form part of an industry that is threatened. In fact, it is a real mafia industry that needs to be changed. She contributed to change that industry. She contributed to change that industry and ensure that there is a continuation of black economic empowerment. [Interjections.]

This legislation has created a framework for greater beneficiation in South African minerals. It has opened new challenges in the industry for us and has created massive job opportunities for our people. You know that you have closed the cutting houses so that our people couldn’t get jobs. You know that you have done it. [Interjections.]

Now let us ask the question: Are these people taking Parliament seriously if they come with gossiping stories of their own interpretation and bring it to this Chamber for a debate? Why are they abusing the status of this institution? They don’t have any way forward; they have reached the end of the road. That is why they bring nonsense to this Chamber. [Interjections.]

This is clearly an indication that they have reached the end of the road. They are bankrupt. It is in this context that one would approach this draft resolution setting a level that would do justice to the fruitful tenure of the former Minister of Minerals and Energy and compliment her on the role she played in leading our country to a total change in terms of opportunities for our people. We, the members of the majority party, would therefore like to express our total confidence in the Minister of Water Affairs and Forestry, the former Minister of Minerals and Energy, and we are totally committed to transformation together with the ANC. The ANC is the leader of transformation and is the champion in leading the way forward to ensure a better life for all our people. Thank you. [Applause.]

Adv H C SCHMIDT: Mevrou die Voorsitter, dit is uiters bekommerenswaardig dat enige ANC-LP, dié industrie, wat verantwoordelik is vir soveel werkgeleenthede en wat so baie inkomste vir hierdie regering besorg, ‘n mafia sou noem. Dit is ‘n duidelike aanduiding waarnatoe hierdie ANC- regering van voornemens is om daarmee te gaan. (Translation of Afrikaans paragraph follows.)

[Adv H C SCHMIDT: Madam Chairperson, it is extremely concerning that any ANC-MP would call this industry, which is responsible for so many job opportunities and that generates so much revenue for the government, a mafia industry. It is a clear indication of the direction in which the ANC government intends to take this.]

I want to say it, and it is maybe good that it has been said by the hon Mr Louw at this point in time, but to call any industry which amasses wealth to the benefit of its citizens, not only with regard to pension fund, but also guarantees of employment a mafia, Madam Chair, is shocking if not disgraceful. I will return to this fact. It is a pity that the speakers from the ANC and the ID were totally off the mark due to incorrect facts and dubious points of departure. It is astounding, if not deeply concerning, that very few speakers even referred to the words used by the hon Minister in blaming the electricity crisis on so-called, and I repeat it again, ``agents opposed to the transformation drive of the government’’. In fact, judging by the performance of some opposition parties, such as the ID, the whole notion of trying to hold the executive to account is a shameful indictment on this Parliament.

In the light of the fact that the Minister has had ample opportunity to apologise to the people of South Africa, which she has still not done, for having made the misleading statement but has failed to do so, I propose, as part of the censure:

That the House censures the former Minister of Minerals and Energy, Ms Lindiwe Hendricks, for –

(1) misleading the public, in her capacity as the responsible Minister, by stating without reasonable cause that there was growing evidence that the Koeberg nuclear plant’s breakdown was wilfully perpetrated in resistance to the government’s transformation agenda;

(2) making this statement on 28 February 2006, on the eve of the local government elections; and (3) not apologising for misleading the public in making this uninformed statement.

Debate concluded.

Question put: That the motion moved by Adv HC Schmidt be agreed to.

The HOUSE CHAIRPERSON (Ms C-S Botha): Order! I now put the question. Those in favour shall say “Aye”.

HON MEMBERS: Aye.

The HOUSE CHAIRPERSON (Ms C-S Botha): And those against shall say “No”.

HON MEMBERS: No.

The HOUSE CHAIRPERSON (Ms C-S Botha): I think the noes have it.

Division demanded.

The House divided:

AYES - 34: Blanché, J P I; Boinamo, G G; Camerer, S M; Coetzee, R; Cupido, H B ; Davidson, I O; Doman, W P; Dreyer, A M; Ellis, M J; Farrow, S B; Gibson, D H M; Jankielsohn, R; Kalyan, S V; King, R J; Kohler-Barnard, D; Labuschagne, L B; Leon, A J; Lowe, C M; Masango, S J; Mgabadeli, H C; Minnie, K J; Morgan, G R; Sayedali-Shah, M R; Schmidt, H C; Selfe, J; Smuts, M; Stephens, J J M; Steyn, A C; Swart, M; Swathe, M M; Trent, E W; Van der Walt, D; Van Dyk, S M; Waters, M.

NOES - 157: Anthony, T G; Asiya, S E; Bapela, K O; Bekker, H J; Benjamin, J; Beukman, F; Bhamjee, Y S; Bloem, D V; Bonhomme, T J; Cele, M A; Chalmers, J; Chikunga, L S; Chohan-Khota, F I; Combrinck, J J; Dambuza, B N; Davies, R H; Dhlamini, B W; Diale, L N; Dikgacwi, M M; Direko, I W; Dithebe, S L; Dlali, D M; Doidge, G Q M; Fihla, N B; Frolick, C T; Fubbs, J L; Gabanakgosi, P S; Gaum, A H; Gigaba, K M N; Gololo, C L; Goniwe, M T; Gumede, D M; Hanekom, D A ; Hendricks, L B; Hendrickse, P A C; Hogan, B A; Jacobus, L; Johnson, C B; Kalako, M U; Kasienyane, O R; Kekana, C D; Khoarai, L P; Khumalo, K K; Khunou, N P; Komphela, B M; Landers, L T; Lekgetho, G; Lekgoro, M M S; Louw, J T; Louw, S K; Lucas, E J; Luthuli, A N; Maake, J J; Mabe, L L; Mabena, D C; Madasa, Z L; Madella, A F; Madumise, M M; Magau, K R; Magubane, N E ; Mahlaba, T L; Mahlawe, N M; Mahomed, F; Mahote, S; Makasi, X C; Maloney, L; Maluleka, H P; Maluleke, D K; Masutha, T M; Mathibela, N F; Matlala, M H; Mbili, M E; Mbombo, N D; Mdaka, N M; Meruti, M V; Mkhize, Z S; Mnyandu, B J; Moatshe, M S; Modisenyane, L J; Mogase, I D; Mohamed, I J; Mohlaloga, M R; Mokoena, A D; Molefe, C T; Monareng, O E; Morutoa, M R; Moss, L N; Moss, M I; Mpontshane, A M; Mshudulu, S A; Mthembu, B; Mthethwa, E N; Mtshali, E; Mzondeki, M J G; Nawa, Z N; Ndzanga, R A; Nel, A C; Nene, M J ; Nene, N M; Newhoudt-Druchen, W S; Ngaleka, E; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngcobo, N W; Ngculu, L V J; Ngele, N J; Ngwenya, W; Nhlengethwa, D G; Njikelana, S J ; Njobe, M A A; Nkuna, C; Nogumla, R Z; Ntuli, M M; Ntuli, R S; Ntuli, S B; Nwamitwa-Shilubana, T L P; Nxumalo, M D; Nxumalo, S N ; Nyambi, A J; Olifant, D A A; Phadagi, M G; Phungula, J P; Pieterse, R D; Rabinowitz, R; Radebe, B A; Rajbally, S ; Ramakaba-Lesiea, M M; Ramodibe, D M; Ramotsamai, C P M; Rasmeni, S M; Reid, L R R; Roopnarain, U; Rwexana, S P; Saloojee, E; Schippers, J; Schneemann, G D; Seadimo, M D; Sefularo, M; September, C C; Siboza, S ; Sithole, D J; Smith, V G; Solomon, G; Sonto, M R; Thabethe, E; Tinto, B; Tobias, T V; Tolo, L J; Tshivhase, T J; Tshwete, P; Vadi, I; Van den Heever, R P Z; Van Wyk, A; Vezi, T E; Zikalala, C N Z; Zita, L.

ABSTAIN - 4: Gore, V C; Greyling, L W; Mulder, C P; Spies, W D.

Motion accordingly negatived.

APPOINTMENT OF AN AD HOC COMMITTEE TO INVESTIGATE WHETHER THE HON MINISTER OF PUBLIC ENTERPRISES DELIBERATELY MISLED PARLIAMENT ON THE DAMAGE TO THE KOEBERG UNIT

                         (Draft Resolution)

The CHIEF WHIP OF THE OPPOSTITION: Chairperson, I move:

That the House appoints an ad hoc committee to investigate whether the Minister of Public Enterprises, Mr Alec Erwin –

(1) deliberately misled Parliament and the Members of Parliament on 17 August 2006 by stating the following in respect of the damage to the Koeberg unit in December:

       “Of as much interest has been whether I said that this was an
       act of sabotage. I did not say this ... Why I deliberately did
       not say it was sabotage will be evident ...”
       (Excerpt from “Statement to Parliament on the Damage to Koeberg
       Unit in December 2005”, by Minister Alec Erwin, MP);

(2) made a false statement to the National Assembly in that the Hon Minister on 28 February 2006 at a media briefing informed South Africa as follows: “This was no accident. The investigations proceed well and action will be taken of a legal nature and a criminal charge nature. Any interference with any electricity installation is an exceptionally serious crime. It is sabotage”.

       This statement was captured by the SABC on video footage
       flighted by eTV on 28 February 2006 and the evening of 17 August
       2006; and, was quoted in the print media on the following dates:
       Mail & Guardian, 10 March 2006; Business Day, 18 August 2006;
       and


(3)     should be censured in a manner commensurate with the seriousness
    of such a transgression.

Chairperson, to the political advantage of the ANC, on the eve of the election, the hon Minister for Public Enterprises told South Africa that the cause of the electricity blackouts was sabotage. This electrified the voters, and caused great concern, but many of us wondered at the time about this reference to sabotage, and many of us realised that the ANC was in a hugely embarrassing position.

What they were trying to do was to deflect criticism about Travelgate and the fact that only a few ANC MPs had been charged as well as the other thing, and that was the ANC’s inability to keep the lights burning. I have a recording of the hon Minister’s remarks which he made on television. I would like to know from you whether I can play that recording to the House. [Interjections.]

What I propose is to do so when I respond to the debate a little later. [Interjections.]

The CHIEF WHIP OF THE MAJORITY PARTY: This is not a bioscope. You are serious …

The CHIEF WHIP OF THE OPPOSITION: I am absolutely serious, Madam Chair.

The HOUSE CHAIRPERSON (Ms C-S Botha): Hon Gibson, we suggest that if the ad hoc committee is appointed, you give that to them. Thank you.

The CHIEF WHIP OF THE OPPOSITION: Thank you, Madam. Then I will read from the transcript, which says as follows – this is what the Minister said on television:

This is not in fact an accident. Any interference with any electricity installation is an exceptionally serious crime. It is sabotage.

That was on the SABC News. We all heard it.

When this matter was subsequently raised in the House, the hon Minister denied that he had alleged sabotage. We all heard him deny it. Hansard reports that he says:

The cause of the damage to the generators is the question that has caused massive public interest. Of as much interest has been whether I said that this was an act of sabotage. I did not say that. All attempts I made to our erudite media to say what I did say merely got me into deeper linguistic difficulties.

The Minister told this House that he did not use the word sabotage’’, and we all heard him use the wordsabotage’’.

The HOUSE CHAIRPERSON (Ms C-S Botha): Order! Hon Gibson, may I remind you and any other participants in this debate that they should not cover the subject too widely, because they would be exceeding the scope of your motion. As far as I recall, you are requesting the appointment of a committee, and not the debate itself at this point.

The CHIEF WHIP OF THE OPPOSITION: Thank you, Madam. There is a long tradition that Members of the National Assembly must observe proper standards of personal integrity and truthfulness. Misleading the House deliberately is simply not acceptable. It is for this reason that I have proposed the appointment of an ad hoc committee to investigate the Minister’s statement and conduct. I can’t believe that the House could possibly reject a motion like this, because it would be up to that ad hoc committee to listen to the recording and to decide whether the Minister did use the word sabotage’’ on television, and to look at Hansard, and decide whether he misled the House in saying that he didn’t use the word sabotage’’.

The committee will then report to the House, and tell us what action should be taken. I don’t believe that the majority in this House could possibly object to this motion. I expect them to vote in favour of it, because if they vote against it, they are creating an extremely bad and unfortunate precedent. I move the motion standing in my name. [Interjections.]

The CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, like always, this time again Mr Gibson is wrong. He was wrong to invade the privacy of the President. He was wrong to suggest a fictitious motion about hon Hendricks. Again, he wants the House to engage in an egg-dance and waste time by distracting us from the key challenges of the day.

The challenge that our country faces today, is not to discredit anybody, including the members of the executive. The challenge is the creation of jobs and fighting of poverty.

It is with that understanding therefore that we rise to bring an amendment to this resolution as follows: To omit all the words after “That’’ and substitute: The House –

 1) is of the view that -

    (a)      there is no merit in appointing an ad hoc committee; and


       b) there has been extensive media coverage  and  explanation  of
          the matter in which various views have been expressed; and

(2) is therefore of the view that the matter has been extensively discussed;

(3) resolves that the matter should not be pursued any further.

Thank you, Chairperson. [Applause.]

The HOUSE CHAIRPERSON (Ms C-S Botha): Order! Hon Bekker, before you take the podium, I would like to remind members that they must confine themselves to the question of whether a committee should be appointed and should not embrace the merits of the matter to be attended to by the committee as these are not before the House.

Mnr H J BEKKER: Mevrou die Voorsitter, die IVP is besorg oor die dubbele uitsprake oor Koeberg en Eskom. Ministers en politici wêreldwyd word gekenmerk deur hul somtyds teenstrydige menings en dubbelpratery. Die agb Minister Erwin is nie die uitsondering op die reël nie en hoewel ons nie sy uitsprake goedkeur nie, is daar nie genoegsaam rede on hom as enkeling te sanksioneer nie.

Tydens die vorige debat wou ek van die Minister weet of hulle al die moer gekry het wat Koeberg gesaboteer het. Ek gaan nou nie vandag help om die Minister en Eskom se moer te probeer soek nie. Ek laat dit maar aan die ander opposisiepartye oor. (Translation of Afrikaans paragraphs follows.)

[Mr H J BEKKER: Madam Chairperson, the IFP is concerned about these ambiguous pronouncements regarding Koeberg and Eskom. Ministers and politicians the world over are characterised by their sometimes contradictory meanings and their double - speak. The hon Minister Erwin is not the exception to the rule and although we do not approve of his pronouncements, there is not sufficient reason to sanction him as an individual.

During the previous debate I wanted to know from the Minister whether they had found the bolt that had caused the sabotage at Koeberg. I will not help look for the Minister and Eskom’s bolt today. I will leave that to the other opposition parties.]

At the time preceding the local government elections, the Western Cape went through a difficult and challenging time of disruptions in power.

The HOUSE CHAIRPERSON (Ms C-S Botha): Order! Hon member, may I ask you whether this is motivation for the committee or not?

Mr H J BEKKER: Yes, it will indeed motivate for the committee and you will see how it will fall into place from this. [Laughter.]

At the time preceding the local government elections, the Western Cape went through difficult and challenging time of disruptions in power supply, including the now notorious bolt of Koeberg Nuclear Power Station. Understandably, at the time with winter fast approaching, ongoing load shedding and the overall inconvenience suffered by the public, the situation became heavy with emotion.

We in the IFP, although disapproving of the Minister’s statement on the eve of the local government elections, cannot support the motion that is now requesting the appointment of an ad hoc committee to investigate whether the Minister deliberately misled members of Parliament on 17 August 2006. On the contrary, we believe that the Minister tried to rectify the impression created on television on 28 February 2006. An ad hoc committee from Parliament will serve no purpose, since the IFP would much rather rely on the outcome of a specialist investigation, as reflected in the Nersa report or any other authoritative body.

On 17 August 2006, the hon Minister technically backtracked from his original sabotage statement, which was made on the eve of the municipal elections. Although contradictory to his television statement, the IFP accepted the answers given by the hon Minister in his August statement.

We further accepted that the hon Minister did not deliberately mislead Parliament.

The HOUSE CHAIRPERSON (Ms C-S Botha): Order! Hon member, I must ask you not to go into the details of a possible investigation by the committee. What you should be motivating for is whether there should be a committee or not.

Mr H J BEKKER: We accepted that the hon Minister did not deliberately mislead Parliament on 17 August 2006, and the IFP accepts that the situation at Koeberg was indeed the result of an accident, perhaps exacerbated by negligence on the part of Eskom as highlighted in the Nersa report.

The IFP can therefore not vote in favour of this draft resolution but neither can we support the amendment as put by the ANC. We will therefore abstain from that particular aspect. I must repeat what I said in the House on 17 August 2006. But thankfully, normal power supply has now been restored to the Western Cape. As die agb Minister en Eskom nie waaksaam is nie, mag daar dalk weer so ‘n situasie wees. [If the Minister and Eskom are not vigilant, a similar situation may arise again.] [Interjections.] [Time expired.]

Mr H B CUPIDO: Chairperson, thanks for a second bite at the cherry. The ACDP does not see the necessity of appointing an ad hoc committee for a matter that is of such absolute clarity that it requires no investigation. Let us indulge ourselves today in an exploration of semantics, but let the matter be resolved without further delay.

The hon Minister Erwin publicly used the words, “This was no accident” and “It is sabotage”. Therefore, it is true that the Minister deliberately misled the House and that the Minister made a false statement to the people of South Africa.

In determining the appropriate means of censure, we have to ask ourselves the question: What is Minister Erwin guilty of? If a man makes a statement on national television and in the print media, and then publicly denies having made the statement …

The HOUSE CHAIRPERSON (Ms C-S Botha): Hon member, you are not the committee. Therefore, please just motivate whether there should or should not be, a committee. Thank you.

Mr H B CUPIDO: Chairperson, let me then just finish by saying that I believe that the Minister made a statement in favour of the election at that time. Thank you. [Interjections.]

Mr W D SPIES: Chairperson, Ministers are human beings, as such they can make all mistakes that any human being normally makes. Negligence is one of these mistakes. Making an incorrect statement, which appears to be wrong or ill-founded afterwards, is another example.

In South Africa’s recent past, various Ministers have made mistakes. The Minister of Labour, for instance, published an inaccurate list of companies that were allegedly failing to comply with employment equity requirements. Failing to realise that, the KZN office of his own department together with 58 other government institutions were also implicated by his own list – a well-aimed shot in the foot, many would call it.

The Minister of Health entertained the world with an exhibition of garlic and beetroot as cures for Aids, while 900 South Africans are dying of this terrible disease every day.

Net so het die agb Minister van Openbare Ondernemings ook ’n foutjie begaan toe hy die Huis meegedeel het dat hy nooit na sabotasie verwys het nie, terwyl dit nou blyk dat hy uitdruklik op 28 Februarie die woorde gebruik het. Ek het gesê alle Ministers is mense en alle mense maak foute. Die vraag is egter of ’n persoon bereid is om daardie fout te erken. Ongelukkig het dit nie gebeur nie. Die VF Plus vind dit jammer en steun daarom die voorstel. Ek dank u. (Translation of Afrikaans paragraph follows.)

[The hon Minister of Public Enterprises had similarly made a mistake when he informed the House that he had never referred to sabotage, while now it would appear that he expressly used the words on 28 February. I said that all Ministers are people and all people are fallible. The question is, however, whether a person is prepared to admit to that mistake. Unfortunately this did not happen. The FF Plus regrets it and therefore supports the proposal. I thank you.]

Adv H C SCHMIDT: Chair, the hon Minister Alec Erwin should have at the very least apologised for the reckless and misleading statements that he made on 17 August in this House, as well as on the eve of the local government elections.

On Tuesday, 28 February 2006, the Minister was shown on television stating unequivocally that the damage to the Koeberg generator was an act of sabotage. In fact, he is shown to have said, “it is sabotage.” Upon the media broadcasting these words on Friday, 3 March 2006, he denied outright having said this. It was as clear that he was less than honest to the South African public just before the elections were held.

The report by the Nuclear Energy Regulator of South Africa, Nersa, or any other agency did not point to sabotage, and could not come to a conclusive finding as to the cause of the existence of the bolt in the generator of Koeberg Unit 1.

For a government minister to make unsubstantiated allegations of sabotage at the major national security flashpoint on the eve of an election is very serious, if not outrageous.

The hon Minister’s denial in Parliament on 17 August 2006, as to whether he had said that the failure at the Koeberg generator Unit 1 plant was an act of sabotage is clearly not correct, and indeed in doing so, we allege he misled Parliament. Having said this, I am of the view that the House should support the motion to appoint a committee to investigate and report on whether the hon Minister Erwin misled the House and the public in making an alleged false statement in the House on 17 August.

The ANC members in particular, and this side of the House, should support the motion as it would gain the public’s trust in ensuring that the matter is investigated, and the findings reported to Parliament. Failing to do so would not only ensure that an opportunity for the hon Minister to regain his credibility, which was lost, but will unfortunately also place the credibility of Parliament at stake.

However, it is still not too late for the hon Minister to apologise to the House for his misleading comments. I just want to end off by saying that hon members are called honourable for a particular reason. And when it is alleged that an hon member did not do the honourable thing by misleading this Parliament, it should be dealt with in a calm and collected fashion by appointing a committee to establish whether he in fact said the word as he is alleged to have done. I thank you. [Applause.]

Ms S RAJBALLY: Chair, the MF does not approve of an investigating committee. The MF believes that we were placed here with the responsibility to serve the people. From among ourselves, we have to elect the best-suited candidates to manage various portfolios of government.

In turn, each member of the electorate has a responsibility to manage his or her duties effectively and efficiently. We do not believe the Minister to be incompetent, but we certainly kindly request the Minister to explain to the House his statement made at that time. Thank you very much.

The CHIEF WHIP OF THE OPPOSITION: Madam Chair, thank you to hon members who participated in this debate. I would like to begin with the hon Mr Goniwe, the ANC Chief Whip. He accused me of wasting Parliament’s time by discussing the matter, which went to the crux of what happens in Parliament, and he said what we should be doing is fighting poverty and creating jobs.

I was under the impression that the ANC have been in power for 12 years. Our debate this afternoon is not stopping your party, your administration, and your government from fighting poverty and creating jobs. Why don’t you get on and do that? When are you going to start fighting poverty and creating jobs? [Interjections.]

The amendment, which the hon Chief Whip moved, has the effect of approving deliberate lies in the NA, provided that they are told by ANC members. The ANC majority will be used to enforce its will.

I want to say that the hon Mr Bekker over there … I was surprised that a politician of his seniority should adopt such a casual attitude towards the question of whether an hon member told the truth or told lies in Parliament. I think that somebody who has served for such a long time, both here and in the Transvaal provincial council, should value the word of an hon member more than that. We have a job as Members of Parliament to protect the integrity of this House. When we say something, people must be able to know that at least we believe that it is the truth.

I would like to thank the hon Mr Spies for the clear support that he gave, and of course to thank the hon Adv Schmidt for drawing our attention once again to the reason why hon members are called hon members. It is because we must be regarded by the public of South Africa as people who tell the truth in Parliament.

Dr C P MULDER: Chairperson, I am rising on a point of order: A number of members during the debate this afternoon have explicitly said that the hon Minister told deliberate lies in Parliament. I am of the opinion that’s unparliamentary. The amazing thing is that the ANC has not raised any point of order, nothing at all. [Laughter.]

The HOUSE CHAIRPERSON (Ms C-S Botha): Is that your point of order that the ANC hasn’t taken a point of order? Hon member, you must discuss that with the ANC, not with me. Please proceed, Mr Gibson.

The CHIEF WHIP OF THE OPPOSITION: But of course, the Chair could take the point of order as well.

The HOUSE CHAIRPERSON (Ms C-S Botha): Are you instructing me to do so, hon Gibson?

The CHIEF WHIP OF THE OPPOSITION: No, I am not giving any instructions. I said the Chair could have done that as well. The Chair doesn’t have to rely on somebody reporting the matter to her…

The HOUSE CHAIRPERSON (Ms C-S Botha): But that is my prerogative, and I shall do so when I want to. [Interjections.][Laughter.]

The CHIEF WHIP OF THE OPPOSITION: That is exactly what I have said. [Applause.] [Laughter.] Yes, the very reason for appointing an ad hoc committee was to determine whether the Minister did tell deliberate lies or whether he did not tell deliberate lies. The ANC doesn’t want to find that out. And it seems that they are going to use their majority to vote this motion down.

I want to warn them that they are creating a very awkward and a very bad precedent for this Parliament, because what it will mean is, irrespective of whether an ANC or a member of the majority party tells the truth or doesn’t tell the truth, as long as they have the majority, it doesn’t matter. I think that that is a sad day for parliamentary democracy in our country. It is not something that this Parliament should be proud of or that our people should be proud of. I thank you, Madam Chair. [Applause.]

Debate concluded.

Question put: That the amendment moved by the Chief Whip of the Majority Party be agreed to.

Division demanded.

The House divided:

AYES - 150: Anthony, T G; Asiya, S E; Benjamin, J; Beukman, F; Bhamjee, Y S; Bloem, D V; Bonhomme, T J; Cele, M A; Chalmers, J; Chikunga, L S; Combrinck, J J; Cronin, J P; Dambuza, B N; Davies, R H; Diale, L N; Dikgacwi, M M; Direko, I W; Dithebe, S L; Dlali, D M; Doidge, G Q M; Fihla, N B; Frolick, C T; Fubbs, J L; Gabanakgosi, P S; Gaum, A H; George, M E; Gigaba, K M N; Gololo, C L; Goniwe, M T; Gumede, D M; Hanekom, D A ; Hendricks, L B; Hendrickse, P A C; Hogan, B A; Jacobus, L; Johnson, C B; Johnson, M; Kalako, M U; Kasienyane, O R; Kekana, C D; Khoarai, L P; Khumalo, K K; Khunou, N P; Landers, L T; Lekgetho, G; Lekota, M G P; Louw, J T; Louw, S K; Luthuli, A N; Maake, J J; Mabe, L L; Mabena, D C; Madasa, Z L; Madella, A F; Madumise, M M; Magau, K R; Magubane, N E ; Mahlaba, T L; Mahlawe, N M; Mahomed, F; Mahote, S; Makasi, X C; Maloney, L; Maluleka, H P; Maluleke, D K; Martins, B A D; Masutha, T M; Mathibela, N F; Matlala, M H; Mbili, M E; Mbombo, N D; Meruti, M V; Mgabadeli, H C; Mkhize, Z S; Mnyandu, B J; Moatshe, M S; Modisenyane, L J; Mogase, I D; Mohamed, I J; Mohlaloga, M R; Mokoena, A D; Molefe, C T; Monareng, O E; Morobi, D M; Morutoa, M R; Moss, L N; Moss, M I; Mshudulu, S A; Mthembu, B; Mthethwa, E N; Mtshali, E; Mzondeki, M J G; Nawa, Z N; Ndzanga, R A; Nel, A C; Nene, M J ; Nene, N M; Newhoudt-Druchen, W S; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngcobo, N W; Ngculu, L V J; Ngele, N J; Ngwenya, W; Nhlengethwa, D G; Njikelana, S J ; Njobe, M A A; Nkuna, C; Nogumla, R Z; Ntuli, M M; Ntuli, R S; Ntuli, S B; Nwamitwa-Shilubana, T L P; Nxumalo, M D; Nxumalo, S N ; Nyambi, A J; Olifant, D A A; Phadagi, M G; Phungula, J P; Pieterse, R D; Radebe, B A; Rajbally, S ; Ramodibe, D M; Ramotsamai, C P M; Rasmeni, S M; Reid, L R R; Rwexana, S P; Saloojee, E; Schippers, J; Schneemann, G D; Seadimo, M D; September, C C; Sibanyoni, J B; Siboza, S ; Sithole, D J; Smith, V G; Solomon, G; Sonto, M R; Thabethe, E; Tinto, B; Tobias, T V; Tolo, L J; Tshivhase, T J; Tshwete, P; Vadi, I; Van den Heever, R P Z; Van der Merwe, S C ; Van Wyk, A; Zita, L.

NOES - 38: Blanché, J P I; Botha, C-S; Coetzee, R; Davidson, I O; Doman, W P; Dreyer, A M; Dudley, C; Ellis, M J; Farrow, S B; Gibson, D H M; Gore, V C; Greyling, L W; Jankielsohn, R; Kalyan, S V; King, R J; Kohler- Barnard, D; Komphela, B M; Labuschagne, L B; Lekgoro, M M S; Leon, A J; Lowe, C M; Masango, S J; Minnie, K J; Morgan, G R; Mulder, C P; Mulder, P W A; Sayedali-Shah, M R; Schmidt, H C; Selfe, J; Smuts, M; Spies, W D; Stephens, J J M; Steyn, A C; Swathe, M M; Trent, E W; Van der Walt, D; Van Dyk, S M; Waters, M.

ABSTAIN - 7: Bekker, H J; Dhlamini, B W; Lucas, E J; Mpontshane, A M; Vezi, T E; Vos, S C; Zikalala, C N Z.

Amendment agreed to.

Motion, as amended, accordingly agreed to.

    CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON JUSTICE AND  CONSTITUTIONAL DEVELOPMENT – DRAFT NOTICE ON REMUNERATION OF CONSTITUTIONAL
                       COURT JUDGES AND JUDGES CONSIDERATION OF REPORT – DRAFT NOTICE ON REMUNERATION OF MAGISTRATES

There was no debate.

Draft Notice on Remuneration of Constitutional Court Judges and Judges approved.

Draft Notice on Remuneration of Magistrates approved.

The House adjourned at 17:15. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

                    WEDNESDAY, 13 SEPTEMBER 2006 ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

  1. Introduction of Bills (1) The Minister of Home Affairs

    a) Films and Publications Amendment Bill [B 27 – 2006] (National
       Assembly – proposed sec 75) [Explanatory summary of Bill and
       prior notice of its introduction published in Government
       Gazette No 29169 of 31 Augustus 2006.]
    
    
    b) Immigration Amendment Bill [B 28 – 2006] (National Assembly –
       proposed sec 75) [Explanatory summary of Bill and prior notice
       of its introduction published in Government Gazette No 29169
       of 31 August 2006.]
    

    Introduction and referral to the Portfolio Committee on Home Affairs of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.

    In terms of Joint Rule 154 written views on the classification of the Bill may be submitted to the JTM within three parliamentary working days.

TABLINGS

National Assembly and National Council of Provinces

  1. The Speaker and the Chairperson
 a) Report and Financial Statements of the Auditor-General for 2005-
    2006, including the Report of the Independent Auditors on the
    Financial Statements for 2005-2006 [RP 202-2006].
  1. The Minister of Health
 a) Report and Financial Statements of the South African Medical
    Research Council (MRC) for 2005-2006, including the Report of the
    Auditor-General on the Financial Statements for 2005-2006 [RP 146-
    2006].


 b) Report and Financial Statements of the National Health Laboratory
    Service (NHLS) for 2005-2006, including the Report of the
    Independent Auditors on the Financial Statements for 2005-2006.

COMMITTEE REPORTS

National Assembly

  1. Report of the Standing Committee on Private Members` Legislative Proposals and Special Petitions on the petition by Brig. J D Krige, dated 29 August 2006:

Details of the petition are as follows:

  1. Brig. Krige was an employee of the South African Police Services until he retired in 1981.

  2. Brig. Krige’s wife passed away on 17 January 2004.

  3. He has a son living with a disability, and, therefore, cannot provide for himself.

  4. No one will provide for his son should he (petitioner) die.

  5. Brig. Krige requests that his monthly pension benefit be transferred to his son upon his death.

The Committee consulted with National Treasury, Department of Public Service and Administration, Government Employees Pension Fund, and MKhonto Wesizwe Military Veterans Association on this matter. The Committee deliberated on the matter and recommends that the petition not be granted for the following reason:

- The petitioner can make provision for  his  son  from  his  government
  pension and from his family assets.

Report to be considered.

  1. Report of the Portfolio Committee on Water Affairs and Forestry of Public Hearings on Water Quality and Security in South Africa held on 20, 21 July and 7 August 2006 - Towards a Joint Action Plan to Improve Water Quality for South Africans, dated 30 August 2006:

  2. Introduction

Water quality is a term used to describe the chemical, physical and biological characteristics of water, usually in respect to its suitability for an intended purpose. These characteristics are controlled or influenced by substances either dissolved or suspended in water. Water quality is changed and affected by both natural processes and human activities. Generally, natural water quality varies from place to place, depending on seasonal changes, climatic changes and with the types of soils, rocks and surfaces through which it moves. A variety of human activities, for example, agricultural activities, urban and industrial development, mining and recreation, may significantly alter the quality of natural waters, and changes the water use potential. According to information supplied by the Department of Water Affairs (DWAF)[1], the key to:

Sustainable water resources is, therefore to ensure that the quality of water resources are suitable for their intended uses, while at the same time allowing them to be used and developed to a certain extent. Effective management is the tool through which this is achieved. Water quality management, therefore involves the maintenance of the fitness for use of water resources on a sustained basis, by achieving a balance between socio- economic development and environmental protection. From a regulatory point of view, the ‘business’ of water quality management entails the ongoing process of planning, development, implementation and administration of water quality management policy, the authorisation of water uses that may have, or may potentially have, an impact on water quality, as well as the monitoring and auditing of the aforementioned.

South Africa has put in place various mechanisms to ensure the prioritisation of water quality and water security. The legislative framework and policy requires the Minister of Water Affairs and Forestry, and her Department, the Department of Water Affairs and Forestry (DWAF), to undertake the following:

(a) Establishing national monitoring systems for water resources; (b) Collecting appropriate data and information that is necessary to assess the quantity, quality and use of water in water resources; and (c) Complying with resource quality objectives.

Water resource management, including water quality management, is an exclusive national competency. Due to the extent and multiplicity of the management functions associated with water quality management, it is no longer considered to be the sole obligation of a single authority, but is now increasingly the responsibility of all levels of the community, including industry, local government as well as individual water users.

Water quality management is governed and/or influenced by a hierarchical suite of environmental legislation, ranging from:

•  South  Africa's  water  resource  management  related   international
  obligations, of which Agenda 21 is a prominent example.
•  The  South  African  Constitution,  1996  (Act   No.108   of   1996),
  constituting the supreme law  of  the  Country  and  guaranteeing  the
  rights of all people in South Africa.
•  Framework   environmental   legislation,   such   as   the   National
  Environmental Management Act (NEMA), 1998 (Act No.107 of 1998),  which
  had principally been promulgated to enact Sections 24,  (environmental
  rights) and 41 (containing provisions on co-operative  governance)  of
  the Constitution.
• Sectoral environmental legislation, of which the  National  Water  Act
  (NWA), 1998 (Act No. 36 of 1998) is the most prominent example.

As part of its oversight function, and to contextualise water quality and security to the lived realities of South Africa’s populace, the Portfolio Committee on Water Affairs and Forestry undertook public hearings in June and August 2006.Various stakeholders, ranging from Governmental to Non- Governmental Organisations presented overviews and specifics of the current situation in relation to water quality and security in South Africa. These inputs ranged from policy and legislative environmental goals with regard to surface and groundwater, protection, partnerships between Government and communities, dam safety and security to research, technology transfer, technical assistance, health and education plans on water quality to water quality in rural areas.

  1. Oral and Written Submissions[2]

Oral

The Department of Water Affairs and Forestry (DWAF) indicated that there were discrepancies in the quality of drinking water. The challenges, noted by DWAF included a lack of understanding of the requirements of Water Quality Management Systems (WQMS), and inadequate interventions. Raw surface water and groundwater were compromised by a variety of factors, including mining, industry and farming. The legislative framework, in respect to water quality was summarised.

Emanti, a Water and Environmental Engineering Services, summarised the importance of WQMS, and the various ways in which effective and sustainable water management would be assisted. It outlined the Free State Water Quality Management case study, highlighting the supportive intervention approach. The presentation further argued that water service authorities often under budgeted for water quality issues, resulting in a poor understanding of water and sanitation matters, and water safety issues.

The Centre for Scientific and Industrial Research (CSIR) summarised the scope and impact of their research and noted some of the programmes undertaken. Their resources and capacity were summarised, together with the ways in which they assisted DWAF, and other projects.

The Water Research Commission (WRC) funded and outsourced research on all aspects of water. Research had shown that urban water quality was good, but rural water quality posed problems. Most of the problems emanated from insufficient management, operational staff skills, monitoring and funding. The WRC recommended the establishment of expert teams in each Province, the establishment of management and technology assistance centres, improving salaries and conditions of operational staff, as well as the implementation of DWAF’s WQMS.

The Environmental Monitoring Group, in focusing on water security, summarised the issues around the WCD Report, ‘Dams and Development’. In expanding on issues of water security, the presenter focused on existing dams and their impact on social issues, with a view to exploring and implementing mechanisms for recognising entitlement and sharing benefits for new dams. Another area noted was the enhancing of governance of water and energy resources development. Finally, the focus was placed on the promotion of river health and sustainable environments. An additional priority was promoting regional good governance on water quality and water security.

The South African Local Government Association (SALGA) summarised the challenges faced by Local Government and Water Service Authorities (WSAs), with regard to drinking water quality. It was noted that there was a lack of understanding of the legislation, drinking water quality standards, and effective water management. Sufficient standards had been set, but Local Government required support in order to establish and maintain the correct systems to meet the standards. The monitoring systems used in the Free State were summarised. SALGA recommended increasing the profile of WQMS, creating awareness of implementation of assessments, consultative audits and interventions by DWAF.

The Department of Education summarised the areas of the National Curriculum Statement dealing with the issue of water and human settlements. It was noted that the way in which the assessment standards had been drawn provided for a wide interpretation of applications. The Department of Education provided information on the manner in which the quality of water is being addressed in the sector. Within the education sector, for example, the issue of water quality, environment and conservation was incorporated for learners.

The Departments of Agriculture and of Land Affairs reported that their aim of leading and supporting sustainable agriculture and promoting rural development could be achieved through equitable access, improving competitiveness and better resource management. The agricultural support programmes and the challenges to agrarian water were summarised. The aforementioned Departments recommended changes to the allocations and pricing and suggested better quality measures. The Department of Agriculture stressed the importance of water quality for the economic sustainability of domestic and international agricultural production.

Rand Water reported on its current activities and scope, and its commitment and contribution to water provision. It summarised the customer expectations and how it met them, the water safety plans and the criteria set. The supply chain was tabled and explained in detail. It elaborated on its reticulation processes and elements of their support programme. The Rand Water Board, in its presentation maintained that quality commitment entails that water must be safe for lifelong consumption, must be palatable and should not contain any chemical or radiological substances that would be deleterious to health. Water should also be free of pathogenic organisms, and be as stable as possible. In the work undertaken by the Rand Water Board, an entire process is undertaken to ensure that water offered by Rand to their stakeholders is of the highest quality. According to Rand, the approach to quality management cannot be managed at the point of delivery. One needs to manage from catchments to points of delivery, and one set of criteria needs to be utilised.

According to Chapter 4 of the World Health Organisation Report of 2004, the following was highlighted in terms of safety of drinking water:

The most effective means of consistently ensuring the safety of a drinking water supply is through the use of a comprehensive risk assessment and risk management approach that encompasses all steps in water supply from catchment to consumer. In these Guidelines, such approaches are termed Water Safety Plans (WSPs). The WSP approach has been developed to organise and systematize a long history of management practices applied to drinking water and to ensure the applicability of these practices to the management of drinking water and to ensure the applicability of these practices to the management of drinking water quality. It draws on many of the principles and concepts from other risk management approaches, in particular the multiple-barrier approach and HACCP (as used in the food industry).

The City of Cape Town summarised the water qualification processes and challenges. The reticulation, wastewater, storm water and catchment management programmes were detailed. It contended that the City’s water quality was high and that management was committed to reaching ISO standards. The City aimed to prioritise challenges, ensure correct budgeting, carry out continuous programmes, retain skilled staff and align to water sector plans.

The City of Cape Town, in focusing on water quality, looked at the following:

• The City of Cape Town Water Quality Status through  the  entire  water
  value chain;
• Addressing challenges on water quality from abstraction to  discharge;
  and
• The present city’s capabilities on managing water quality.

The presentation noted the following: • The entire Water Quality value chain of the city is measured at Scientific Services of Water Services Department situated in Athlone. • In terms of bulk water, there are 11 water treatment works with monitoring programmes of samples which equate to 64 844 per year. The frequency of sampling is done on a weekly basis for composite raw and final water. The frequency of sampling on operations is undertaken every hour. There is 96% compliance with SANS 241: 2005.

The presentation noted the challenges pertinent to bulk water, reticulation, wastewater, catchments, storm water and river management service. These encompassed the following:

•  Bulk  water  challenges:   water   quality   from   abstraction   has
  deteriorated and impacts on cost of treatment of potable water.  Algae
  proliferation from the Dams impacts treatment,
• Reticulation:   the  ageing  of  the  infrastructure  needed  frequent
  analysis.
• More public awareness on  health  and  education  as  the  society  is
  becoming water quality aware.  Stability  of  water  PH  and  chlorine
  through the distribution line.
•  Wastewater  challenges:   ageing,  maintenance,  and  demand  of  new
  infrastructure.  Rapid  population  growth  and  increase  in  housing
  demand.

Despite these challenges, the advances made in addressing the vital issue of water quality in the city of Cape Town, was being given precedent by:

• Prioritising and addressing all challenges of water quality  in  terms
  of abstraction and discharge;
• Ensuring an adequate budget for infrastructure;
• Proceeding with education and awareness programmes;
• Developing a strategy within water services to ensure that skills  are
  retained and capacity developed; and
• Ensuring the alignment by the city with  a  provisional  water  sector
  plan.

The Wildlife and Environmental Society of South Africa, Western Cape, (WESSA) recommended that DWAF should ensure Departments and suppliers comply with all legislation, that data should be correlated, that a water pollution tax be levied and that a compliance body be established. It recommended research into climate change. They pointed out that municipalities needed better controls and assistance, and suggested changes to tariffs. Further recommendations were tabled relating to issues that could be addressed by DWAF.

A useful submission from the WESSA presenter provided valuable recommendations, which were previously raised, and brought back to the table. However, if one systematically engages with the recommendations raised, one notices that DWAF as sector leader, together with other departments and stakeholders has begun the process of integrating policy and implementation to address issues around water quality.

• A need exists for intersectoral and interdepartmental compliance  with
  the range of national and international legislation at  its  disposal.
  There is also a need to publicly promote the  principle  that  without
  water sustainability, there can be no sustainable development.
• At a national, provincial and local level, there is a huge  amount  of
  available  data,  which  should  suffice  to  make  important   policy
  decisions.
• A review of current water-related climate change  research  should  be
  undertaken with a view to filling gaps, if necessary.
• The water-climate change link is possibly one area needing more formal
  research.
• Before any new expensive research  projects  are  commissioned,  there
  needs  to  be  an  integration  and  reconciliation  of  the   current
  information available.
• A water pollution tax should be used to enable the establishment of  a
  robust inter-provincial monitoring and compliance body.
• Proper ecological functioning of aquatic ecosystems should be made the
  primary concern.
• Socio-economic development drivers, having taken this sine qua non  on
  board, should incorporate its principles into the ‘business  plan’  so
  that conservation, water demand management,  rehabilitation  and  good
  husbandry   can   be   creatively   integrated   into   socio-economic
  development.
•  Municipalities  are  notorious  offenders  when  it  comes  to  water
  contamination and there must be a concerted  effort  to  ensure  their
  compliance (as seems to  be  happening  in  Stellenbosch).  Integrated
  Development Plans (IDPs) and growth/development plans must accommodate
  water realities (for instance in Paarl, Table View).
• Prodigality must  be  acted  against  robustly  and  high-end  tariffs
  applied to discourage wasteful water use.
• All municipal domestic, hazardous  waste  and  landfill  sites  should
  reach compliance with national standards by a specific date to be  set
  by DWAF.
• DWAF should support and  help  resource  the  State  2020  zero  waste
  programme.
• Registering of all bore holes and well points should become mandatory.
• Closer co-operation  with  the  Department  of  Agriculture  regarding
  farming threats as well as best practice should be initiated, as there
  are many overlapping areas of concern.
• DWAF should develop a  national  media  strategy  about  water  demand
  management along the  lines  of  the  ESKOM  initiative  with  similar
  incentive schemes  (low  flow  shower  heads,  leak  fixing  kits  and
  courses, learnerships, water tank subsidies, etc).
• DWAF should seek out and deliberately  support  small  existing  water
  resource supply and management initiatives, especially in rural areas.
• More catchments to coast approach on  the  use  of  rivers  should  be
  adopted.
• Any inclination to privatise any aspect of  water  supply  or  service
  delivery should be approached with extreme caution and transparency as
  the tendency is to link such enterprises not only  with  the  disputed
  notion of full cost recovery, but also with profit making.  This  puts
  additional pressure on resources and can lead to the transfer of water
  allocations that adversely affect both social  equity  and  ecological
  integrity (for example, the Keurbooms water allocation transfer).
• It must be recognised that  the  building  of  large  dams  is  not  a
  sustainable activity and that even with mitigation and the observation
  of WCD principles  there  are  far  reaching  negative  impacts.  (for
  example, Gariep, BWP and Staalpoort)  Current  impoundment  and  inter
  provincial transfer plans should be reviewed.
• The programme for the clearance of alien invasive vegetation could  be
  stepped up and create far more jobs.
• The many existing volunteer groups  associated  with  river,  wetland,
  estuary and water system integrity should  be  formally  acknowledged,
  used as examples for other areas and assisted with employment creating
  funding.
• Water needs to find a place in a more detailed and nationally specific
  way in the formal education curriculum.
• This calls for a precautionary approach  to  desalination  initiatives
  and the licensing  of  these  because  of  the  additional  wastewater
  production.
• A  credible  plan  for  the  reversing  the  current  trend  of  river
  degradation needs to be instituted in consultation with the full range
  of stakeholders.
• All municipalities should be encouraged to factor a climate change and
  water   conservation/management   strategy   into   their   Integrated
  Development Plans (IDPs).

The Department of Environmental Affairs and Tourism (DEAT) summarised the scope and effect of biodiversity activities and recommended integrated plans. DEAT’s current focus activities were summarised. The management of coastal water programmes was identified as a priority.

The Agricultural Research Council (ARC) focused on water quality and agricultural water use. It tabled its current research and projects, including a project on food security. Challenges included soil salinity, loss of natural biodiversity, and discharges from mining and agriculture. It recommended research into water quality, interlinking of soil, crop and wastewater, the development of monitoring tools and a monitoring network. The Agricultural Research Council (ARC) provided the following input on their ccurrent research activities related to water quality:

• Assessment  of  the  effect  of  different  water  qualities  on  crop
  production – constraints and types of crops.
• The effect of  wetland  systems  and  mining  effluent  water  use  on
  irrigated agriculture.
• Water quality analysis for agricultural use  in  rural  areas  of  the
  Eastern Cape,  KwaZulu-Natal,  and  Western  Cape  (250  samples  from
  boreholes used for both domestic and agricultural production  analysed
  in 2005 for the Department of Agriculture).
• Current research activities related to water quality are in progress.
• Assessment of water quality and  land  degradation  in  wetland  areas
  (working group to focus on the conservation of wetlands).
• Impact of water quality on irrigation schemes (Limpopo province).
• Water quality analysis  for  Southern  African  Development  Community
  (SADC) countries (Zambia, Lesotho, and Botswana).
• Monitoring the effect of water quality on soil/land productivity.
• Current  research  activities  related  to  water  quality  should  be
  continued.
• South Africa is a water scarce country.
• Wastewater re-use for agricultural production is very important.
• ARC Infruitec is running a  project  on  the  use  of  treated  winery
  wastewater for cash crop and vines irrigation.

Some of the challenges noted by the ARC:

• Soil salinity.
• The unsustainable management and utilisation of wetlands contribute to
  loss in natural biodiversity, with harmful consequences  for  peoples’
  livelihoods.
• Insufficient knowledge or lack of water quality issues.
• Discharges of mine water into the river system.

The ARC noted the following recommendations:

• Research in water quality to establish the extent  of  degradation  in
  our river systems, wetlands and irrigation schemes.
• Soil-crop-water  quality  studies  with  the  emphasis  on  developing
  monitoring tools/technologies and assessing impacts of  soil  erosion,
  mining and water from industries.
• Establishment of a comprehensive countrywide water  quality-monitoring
  network.

The Chamber of Mines of South Africa is charged with waste disposal facilities, removal of stockpile, high salt loads and high metal concentration. It noted that although the mining activities are destructive in nature, the industry addresses the enforcement of regulatory tools in terms of cooperative governance, when addressing the issue of water quality

The Department of Health highlighted and provided data on water and sanitation provisions in health care facilities. It was found that data on water and sanitation in health facilities is not routinely collected and, consequently, the response to the request for information from the Province was mixed and varied.

Masimbambane Civil Society provided a snapshot of a catalogue of community experiences across South Africa on water quality, access and security. From its empirical data collation, it noted that in some places, communities drink oily water, there was no water at all in some places, whilst in other areas; neither operation nor maintenance plans were available.

Written submissions

The Chemical and Allied Industries’ Association (CAIA), in its submission, recognised the need for a water conservation and water demand strategy in support of the achievement of national objective such as the development of key sectors of the community, poverty alleviation and unemployment reduction. The CAIA noted that it remained concerned at the lack of coordination between environmental impact assessments, and subsequent authorisations and water licences. CAIA further noted the intention of the Department to require industrial users who require a licence to use water, to develop and submit a Water Management Plan (WMP) in accordance with Guidelines to be developed by the department. The CAIA welcomed the intention to integrate the requirements of a WMP with an Environmental Management Plan.

The Federation of Unions of South Africa noted that the lack of clean water could create conditions that lead to the destabilisation in regions of the world that are already poor, and have problems. The presentation maintained that the lack of potable water could result in famine, conflict over resources, and poor governance. Global trends of increasing population, increasing resource consumption, and decreasing natural resource availability – including fresh water – have pushed many human social, economic and political systems to an ‘important tipping point’.

The presentation highlighted the following as an important foundation for human prosperity:

• Adequate, high quality water supplies provide a basis for  the  growth
  and development of human, social,  economic,  cultural  and  political
  systems.  Conversely, economic stagnation and political stability will
  persist or worsen in those regions where the quality  and  reliability
  of water supplies remain uncertain.
• Water problems are geopolitically destabilising.  Water  scarcity  and
  poor water have the potential to destabilise isolated  regions  within
  countries or regions sharing limited sources of water.
• Poor governance and poor economies in regions around the  world  where
  water is scarce impair the application of  innovative  technology  and
  innovative policies.
• Effective water planning and management at local and  regional  levels
  require collaboration from a variety  of  people,  including  farmers,
  urban developers, environmentalists, industrialists, policy-makers and
  citizens.

The South African Municipal Workers’ Union (Samwu) highlighted three issues of concern, that of water quality, water quantity and the enforcement of statutory requirements. In highlighting the above, the presentation illustrated the manner in which early warning signs of contaminated water by the CSIR and Samwu were not taken seriously, which inevitably resulted in typhoid outbreaks. Dr Kevin Wall, of the CSIR, also presented in February 2006, a critique of South Africa’s water and wastewater treatment plants. Samwu, after this presentation, attempted to intervene by writing to the former Director-General Mr Mike Muller, but nothing was done.

While Samwu recognises that the issue is a complex one that does not lend itself to quick-fix remedies, the presentation noted the following four aspects of the problem that needed attention, before adequate remedial action could be taken:

• The water and sanitation budgets need to be considerably increased.
• The commodification of water, within the broader context of  the  ‘now
  fashionable neo-liberal ethos’, in which  municipalities  operate,  is
  highly problematic.  Full cost recovery places a burden on the  masses
  of the poor.  The basic water, free to the poor is inadequate.
• The problems  are  exacerbated  with  the  incompetence  of  municipal
  managers and councillors.
• DWAF, it noted, compounded these problems by failing to  exercise  its
  statutory enforcement role.

Mr Mike Muller: School of Public and Development Management, University of the Witwatersrand: This presentation focused on the need to implement effective measures to ensure the provision of safe drinking water, and the need to ensure that organisations that are responsible for water service providers have the competences they need to do the job.

Mr Muller expanded on the following two issues:

  1. Effective measures to ensure the provision of safe drinking water

The presentation used the findings published in the 2004/05 Annual Report of the Department of Water Affairs and Forestry, in which it was noted that only 37% of municipalities complied with standards for the provision of drinking water as set out in SABS241. This was based on a self-assessment by the municipalities. The actual situation in terms of the quality of water actually being used was not determined.

The presentation noted that the identification of the problem was an important first step and action, to address this, must include the following:

• Briefing of all municipalities as to their responsibilities  as  water
  service authorities and/or providers.
• Organising  of  training  for  officials  engaged  in  water  services
  provision.
• Monitoring and reporting of compliance by auditing the quality control
  process to ensure that the actual quality of water provided  to  users
  is managed on a systematic basis as required in the SABS241.
  1. Ensure that organisations that are responsible for water service provision have the competences they need to do the job

In current interactions with municipalities, and with professionals attempting to assist, a repeated concern has been that many municipalities do not have professional staff with the necessary competences to undertake systematically and effectively the many and varied planning, investment, financial and operational tasks required to ensure service provision that meets national standards.

  1. Findings

The findings of various inputs reflected the following in terms of water quality in South Africa:

A differentiation was pointed out in terms of the disparities between the reticulation of good water quality in the metropolitan areas and larger municipalities to other areas. The following reasons were cited for the failure of ensuring good quality water to all areas:

• Lack  of  understanding  requirements  for  effective  drinking  water
  quality management.
• Inadequate management, including monitoring of drinking water quality.
• Inadequate institutional capacity.
• Lack of interventions to address poor drinking water quality.

In terms of monitoring of water by municipalities, the following update was given:

• The drinking water quality survey of 2005 indicated that only  58%  of
  municipalities are monitoring drinking water quality.   In  2006,  85%
  claimed to be monitoring.
• The implementation of the  Drinking  Water  Quality  (DWQ)  regulation
  system will replace the annual Drinking  Water  Quality  Survey.  More
  reliable information will then be available.

Drinking Water Quality Management Systems have been implemented in the Free State, Western Cape and parts of the Eastern Cape and KwaZulu-Natal. The project has been extended to provide the local Drinking Water Quality management system to all provinces.

The following challenges were noted by the presentations in terms of water quality in South Africa. These presentations were based on empirical research as well as data collation from secondary sources:

• In a number of areas, insufficient management skills  and  motivation,
  insufficient operations skills and funding  for  water  treatment  and
  supply were recorded.
• There is a close link between water  quality  and  food  security  and
  therefore there is a need to ensure safe drinking water.  This is  not
  always the case in  some  urban  and  rural  areas,  since  these  are
  confronted with the following challenges:
• Operators are unskilled and chemical dosing is not understood.
• Analytical laboratories and skills are inadequate in some areas.
• Monitoring and evaluation tools are not utilised effectively.

Nonetheless, what was heartening to note in a number of presentations were the creative solutions that were being initiated to address the challenges of water quality faced by South Africa. It was stressed that the governance of water in South Africa incorporates intergovernmental cooperation between the local, provincial and national governments. It was noted that various under-researched or unspoken problems in the governance of water quality have now been exposed, and therefore various strategies are being utilised to confront and intervene in situations before these erupt as crises situations. The following examples of the manner in which various sectors are addressing challenges were highlighted:

• Collaboration of a water quality management programme  between  SALGA,
  DWAF, Department of Health, Education, etc to monitor water quality in
  the Free State Province.  The best practice  methodology  utilised  by
  the Free State Province was specifically highlighted as this could  be
  used as a framework in other provinces.
• The rollout of electronic water  quality  management  systems  to  all
  water service authorities.  These track over time the samples of water
  compiled and  compliance  of  municipalities  with  quality  of  water
  policies.
• Electronic water quality management systems are available at 220 local
  municipalities,  which  use  the  Open  Source  approach  to  generate
  knowledge.  Open Source is available at little or no cost.

The need exists for one view that adequately conveys the overall status of water systems of different stakeholders.

The hearings therefore provided an overview on the work recently undertaken on water quality to ensure that water quality in South Africa is maintained at the optimal level:

• Sustainable economic development in South Africa depends on ensuring water quality. • To ensure equitable distribution of resources, such as the water allocation reform programme. • A balance needs to be sought between issues of the environment and socio- economic development in pursuit of improving the quality of life of all people. • To begin to bring together and strengthen relationships to create innovative chains between academia and policy makers to ensure that research has an important implementation component and reaches the target audience struggling with water quality issues. • To ensure that various stakeholders are undertaking whatever actions work together the national interests of performance and success in issues of water quality and security. • To come up with strategies and solutions within a think-tank approach at all sectors, ranging from academia, policy makers and at community levels to position the future of the water cycle to ensure that the quality of life of the citizens of South Africa and Africa, within New Partnership for Africa’s Development (NEPAD), is successfully implemented.

A persistent water quality problem is salination, increases in salt concentrations through discharges of water containing waste by industries and diffuse pollution fro poorly management urban settlements, waste disposal on land and mine residue a threat for groundwater.

Man made compounds such as pesticides is increasingly causing water quality problems. Not sufficient submissions were made with regards to water security. It should be noted however that water resources are under threat internationally. Water is likely to be a source of strategic rivalry, depending on the degree of scarcity.

Water is a key element towards a country’s development wwith regards to irrigation, food security, and cheap energy rollout. Actions of one country to another as rivers flow from one area to another can have major impacts.

Thus further studies need to be done on challenges to security policy- makers within the region (water shortage and availability; water supply and quality; population growth, cross border migration and urbanisation and the threats thereof.

  1. Policies and Legislation informing Water Quality in South Africa

The above submissions and findings, however, need to be located within the manner in which the sector leader, that is, the Department of Water Affairs and Forestry, has worked, and is still working toward water governance, reforming water policies and institutions, to implement sustainable water development and management.

• Water Services Policy of 1994 focuses specifically on the backlogs  in
  water services provisions in South Africa  and  the  institutions  and
  mechanisms required to address these backlogs.
• Access to adequate and sustainable water has  become  a  human  rights
  issue enshrined in the country’s new Constitution (Act 108  of  1996).
  Therefore, the Department of Water Affairs and Forestry is required to
  report to the South African Human Rights Commission on the quality  of
  water provided to the citizens of the country.
• Water Services Act of 1997 (Act 108 of  1997)  ensures  the  right  of
  access to basic water supply  and  sanitation,  and  also  provides  a
  regulatory  framework  for  and  establishment   of   water   services
  institutions such as water boards, water services providers, etc.
• The National Water Policy of 1997 (DWAF, 1997) declares that all water
  wherever it occurs in the hydrological cycle is public water, and that
  the national government will act as a  public  trustee.  The  national
  Department of Water Affairs and Forestry,  as  the  custodian  of  the
  country’s water resources, should regularly report  to  Parliament  on
  the state of the nation’s water resources.
• The National Water Resource Strategy (NWRS) (DWAF, 2004a) provides the
  implementation framework for the  management  of  water  resources  in
  South Africa as required by the National Water Act of 1998.  Published
  in  September  2004  the  NWRS  divides  the  country  into  19  Water
  Management Areas (WMA) in which  quantitative  information  about  the
  present and future availability of and requirements  in  each  of  the
  water management areas is provided, and propose interventions by which
  these may be reconciled.
• The NWRS recognises the  need  to  implement  and  maintain  different
  monitoring programmes to provide information on different  aspects  of
  water resource quality, as there is no single monitoring programme.
• The National Environmental Management Act of 1998 (Act 106 of 1998) is
  an overarching legislation relating to the protection  and  management
  of the environment. This law requires  regular  state  of  environment
  reporting in which  the  Department  of  Water  Affairs  and  Forestry
  reports on the state of rivers report and  progress  report  regarding
  aquatic ecosystems such as wetlands and estuaries.

On the international front, South Africa is required to contribute data and information to:

• United Nations World Water Development Report.
• United Nations Millennium Development Goals.
• United Nations Education Programme  –  Global  Environment  Monitoring
  System (GEMS) Water. All  these  national  and  international   reporting   obligations   require strategic  water  quality  information,  which  has  to  be   systematically collected over time. The Department of Water Affairs and Forestry (DWAF)  is currently  in  the  process  of  reviewing  the  country’s  water  resources monitoring networks and programmes in  order  to  appropriately  respond  to these national and international water obligations.

4.1 National Water Quality Monitoring Programmes[3]

South Africa has recognised the need for monitoring and assessment of the quality of water in order to determine the fitness for use and support the management of water resources. The DWAF is operating a number of national water quality monitoring programmes, which include:

4.1.1 National Chemical Monitoring Programme (NCMP)

The programme was initiated in the 1970s to assess the general water quality of South Africa’s water resources in which samples were analysed for conservative water quality constituents such as pH, electrical conductivity (EC) and inorganic ions. However, the programme was later expanded to incorporate analysis for plant nutrients such as total and dissolved phosphate, ammonium and total nitrogen as the demand for information concerning eutrophication increased.

4.1.2 The National Water Act of 1998 (Act 36 of 1998)

The Act is founded on two pillars: sustainability (long-term protection of the resource) and equity (sharing of scarce resource in terms of quantity and use of quality). The Act recognises the protection of the quality of water resources to ensure sustainability of the nation’s water resources, and the Department of Water Affairs and Forestry has primary responsibility for managing and monitoring the water resources. For example, Chapter 14 of the Act spells out monitoring responsibilities of the national government using the hydrological cycle as a unit. The Act requires the establishment of a National Water Resource Strategy (NWRS) to set out a national framework for managing water resources.

4.2 Towards Integrated Water Resources Monitoring

The National Water Act (NWA) of 1998 (Act 36 of 1998) requires that monitoring of water quality should be an integral part of water resources management in South Africa. Chapter 14 of the NWA specifically mandates the Minister of Water Affairs and Forestry to establish national monitoring systems to monitor, record, assess and disseminate information regarding, amongst others, the quality of water resources. To effectively implement this legislative requirement in an environment with so many diverse players performing monitoring activities, it was recognised that the country should develop a holistic strategy to harmonise monitoring programmes and to ensure that they are compliant with the requirements of the National Water Act of 1998. A new framework called Strategic Framework for National Water Resource Quality Monitoring Programmes, within which all monitoring programmes will be developed, was published. The basic dimensions of this framework are as follows:

• Information user-centric approach

All monitoring should be justified by serving specified information users needs with information they need to perform their water resources management functions. This is to avoid or eliminate the problem of ‘data- rich but information-poor syndrome’.

• Core functions of monitoring

The shift in focus to information user-centric approach in designing monitoring programmes has led to a need to re-define the scope of the core functions of monitoring programmes (for which there are three) as follows:

• Data acquisition.
• Data management and storage.
• Information generation and dissemination.

These three core functions are supported by an IT support infrastructure.

• Institutional set-up for monitoring governance

The framework has defined the institutional roles and responsibilities with respect to water resources monitoring in line with the three tiers of water resources governance in South Africa as follows:

(1) National Monitoring Programmes (mainly status and trends) are to be performed and maintained by the central government through Policy and Regulation Branch of the Department of Water Affairs and Forestry in order to provide information required for (amongst others):

•  International  and  national  level  water  resources  strategic  and
  development planning.
• Its custodianship role, and  other  national  government  Departments’
  reporting roles, for example, Department of Environmental  Affairs  on
  the State of the Environment in terms of international agreements, for
  example, WWAP, UNEP/GEMS, SADC, Incomati Maputo Tripartite  Agreement,
  etc

(2) Regional or Catchment Monitoring Programmes: Water management institutions such as CMAs will be primarily responsible for: • Status and trends monitoring at local catchments with resolutions finer than used by the national programmes. • Programmes to assess compliance of water users to water licence conditions. • Programmes assessing impacts of water uses for purposes of issuing water use licenses.

(3) Local Monitoring Programmes: These monitoring programmes are the responsibility of such local institutions as Water Boards, local authorities and industries, and other water users. The water quality monitoring of the country’s water resources will only succeed if there is effective governance of the entire process, and to ensure information delivery at the three management tiers.

  1. National Reporting Initiatives[4]

There are three-tiers of water quality information needs with differing resolution levels that is information user-centric approach core functions of monitoring and institutional set-up for monitoring governance (these are all detailed above). However, to ensure information delivery at these three management tiers, an effective governance of the overall process is required. The Department of Water Affairs and Forestry is in the process of establishing a governance institution to coordinate and share resources, infrastructure, data and information across water management institutions and other role players. This governance process will ensure that:

• Common standards for data  acquisition,  management  and  storage  and
  information dissemination are adopted.
• Common quality assurance criteria  are  implemented  across  tiers  of
  monitoring.
• Coordination of relevant  stakeholder  activities  relating  to  water
  resources monitoring takes place.

This reporting initiative provides the most relevant details about the status and production of the country’s water resources.

  1. Conclusion

Water quality is a term used to describe the chemical, physical and biological characteristics of water mostly in relation to its suitability for intended purposes. Effective management is the main tool towards sustainable water resources so as to ensure that the quality of water resources is suitable for their intended use. Water quality management thus involves the maintenance of the fitness for use of water resources in a sustainable manner, by achieving a balance between socio-economic development and environmental protection.

Sustainability, equity and efficiency are recognised as the central guiding principles in the protection, use, development, conservation, management and control of water resources. These guiding principles are inherent to the management of water quality. Water resources must therefore be judiciously managed and equitably shared by all water users in the most optional manner. In water quality management, sustainability means that the protection of water resources must be balanced with its development and use. This ‘balance’ is attained through a process of resource classification, the determination of an associated Reserve and the determination of Resource Quality Objectives. Resource Quality Objectives, inter alia, stipulate in-stream water quality objectives aimed at meeting the water quality requirements of the five water user sectors, and are aimed at ensuring fitness for use of South Africa’s surface water, groundwater and coastal estuaries. The concepts of Resource Quality Objectives and Resource Quality that were introduced by the National Water Act, 1998 (Act No. 36 of 1998), necessitate that water quality management, henceforth, also takes responsibility for the management of the aquatic ecosystem quality (in-stream and riparian habitat, and aquatic biota quality).

The following prominent principles form the basis of water quality management policies and practices in South Africa:

• The management of water quality must be carried out in  an  integrated
  and  holistic  manner,  acknowledging  that  all   elements   of   the
  environment are interrelated.
• Decision-making must ensure that the  best  practicable  environmental
  option is adopted by taking account of all aspects of the environment,
  including all the people in the environment.
• The precautionary approach to water  quality  management  applies,  in
  terms of the active measures taken to avert or minimise potential risk
  of undesirable impacts on the environment.
• In general, the principle of Polluter Pays applies. In accordance with
  this principle,  the  cost  of  remedying  pollution,  degradation  of
  resource  quality  and  consequent  adverse  health  effects,  and  of
  preventing, minimising or controlling pollution is the  responsibility
  of the polluter.
• Participative management in the management of water  quality  must  be
  advocated, ensuring that  all  interested  and  affected  parties  and
  previously  disadvantaged  persons  have  an  equal   opportunity   to
  participate.
• Transparency must underpin  all  decision-making  processes,  and  all
  information must be made accessible in accordance with the law.

In addition to the recommendations made by presentations listed above to the hearings, secondary source material research, as well as Members’ and the Department’s input to the proceedings also provided the following important insights.

The following recommendations are a combination of inputs of formal public hearings, oversight visits and information gauged from secondary source material:

Recommendations

The Department of Water Affairs and Forestry must provide leadership in ensuring adequate water supply of acceptable quality for all. They include domestic, agriculture, industry, recreational use and aquatic ecosystem constituting the water resource base.

As sector leader, charged with monitoring and regulating the national water sector in South Africa, it is recommended that DWAF:

• Comply with the provisions of the policies and  legislation  informing
  water quality in South Africa. This would incorporate  the  provisions
  of its constitutional obligations, Water Services Act, the NWRS,  with
  particular  emphasis  on  the   catchment’s   management   areas   and
  international obligations..


• Monitor and evaluate the national monitoring  systems  to  assess  the
  impact on quality of water in the country. DWAF is operating a  number
  of national water quality monitoring  programmes,  which  include  the
  National Chemical Monitoring Programme, the National Water Act of 1998
  (Chapter 14 specifically mandates the Minister of  Water  Affairs  and
  Forestry to establish national monitoring systems to monitor,  record,
  assess and disseminate information,  regarding,  amongst  others,  the
  quality of water resources).

• Evaluate the components of the  new  framework  called  the  Strategic
  Framework for National Water Resource  Quality  Monitoring  Programmes
  which was published.  The basic dimensions of this framework, that of,
  information user-centric approach, core functions  of  monitoring  and
  institutional set-up for monitoring governance needs to be evaluated.

•  Track  progress  in  terms  of  its  establishment  of  a  governance
  institution to coordinate and share  resources,  infrastructure,  data
  and information across water management institutions, and  other  role
  players.

• Report regularly to Parliament on progress made  on  implementing  the
  principles of water quality management in the country  integrated  and
  holistic;  environmental   options   that   take   the   people   into
  consideration;  risk  management;  the  polluter  pay  principle;  and
  participative management with previously disadvantaged people  gaining
  equal participation.

• Report regularly to Parliament on the implementation of the Water  Act
  (1998) with  regards  to  its  provisions  on  protection;  management
  strategies and  institutions;  licensing  of  water  use;  a  national
  pricing strategy and an establishment of a national monitoring  system
  and information system.

• Ensure that all water users accept  responsibility,  upon  issuing  of
  licenses. Monitor progress needs to be made in  the  establishment  of
  catchments management agencies, so as to allow for  devolution  of  an
  understanding  of  water  quality  issues   through   engagement   and
  involvement of people as well as institutions.

• Prepare a framework for implementation  which  will  include  resource
  water  quality  objectives;  management  objectives;  sectoral   water
  quality management plans and water  use  license  objectives  for  the
  tasks that will face the catchment management agencies.


• Promote ISO 14001 certification so as  to  extend  its  water  quality
  management capacity. With regards to public  participation  and  civil
  society involvement in particular,  the  National  Water  Act  (1998),
  enables participation. The Environmental Management  Act  (1998)  also
  provides for transparency and participation. These  are  to  occur  at
  catchment’s management and water user association - DWAF  must  ensure
  its implementation.

•  Implement  and  sustain  through   co-operative   and   participative
  government departments and at local level  in  decision  making,  use,
  development  and  protection.  Such  integration  will  ensure  socio-
  economic objectives and environmental balancing.


• Conduct the review  on  water  quality  for  the  entire  water  cycle
  especially dam safety.

• Focus on  ensuring  that  all  levels  of  government  make  budgetary
  requirements towards water quality and operations and maintenance.

• Considers rural strategy to be involved as there are disparities  that
  exist between urban  water  quality  and  rural  water  quality.  Such
  consideration must been given on a rural strategy that  would  involve
  Water Boards extending human and financial support  to  provinces  and
  municipalities; skills transfer; infrastructure overall  and  ensuring
  that water quality is included in IDP and  water  service  development
  plans.

The impact of water quality and security and the choices made on sanitation on women and children requires much more attention, thus a gender dimension towards water quality management needs to be part of all policies, strategies and implementation.

Report to be considered.


Sources

http://www.dwaf.gov.za Water quality management in South Africa, sourced at http://www.dwaf.gov.za/Dir_WQM/wqm.htm http://www.pmg.org.za Nomquphu W (2005), Department of Water Affairs and Forestry, Pretoria. The paper is entitled, Overview of the Situation and Cha

  1. Report of the Portfolio Committee on Transport on the Carriage by Air Amendment Bill [B 18 - 2006] (National Assembly-sec 75), dated 13 September 2006:

    The Portfolio Committee on Transport, having considered the subject of the Carriage by Air Amendment Bill [B 18 - 2006] (National Assembly- sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill without amendment.

                   THURSDAY, 14 SEPTEMBER 2006
    

TABLINGS

National Assembly and National Council of Provinces

  1. The Speaker and the Chairperson a) Report and Financial Statements of the South African Human Rights Commission (SAHRC) for 2005-2006, including the Report of the Auditor-General on the Financial Statements for 2005-2006.

  2. The Minister of Arts and Culture

 a) Report and Financial Statements of the Market Theatre Foundation
    for 2005-2006, including the Report of the Auditor-General on the
    Financial Statements for 2005-2006.
  1. The Minister of Science and Technology
 a) Report and Financial Statements of the Human Science Research
    Council (HSRC) for 2005-2006, including the Report of the Auditor-
    General on the Financial Statements for 2005-2006 [RP 104-2006].

National Assembly

  1. The Speaker
 a) Report and Financial Statements of the Commission for the Promotion
    and Protection of the Rights of Cultural, Religious and Linguistic
    Communities (CRL) for 2005-2006, including the Report of the
    Auditor-General on the Financial Statements for 2005-2006 [RP 124-
    2006].

COMMITTEE REPORTS

National Assembly

  1. Annual Report of the Standing Committee on Private Members’ Legislative Proposals and Special Petitions

CREDA PLEASE INSERT - INSERT T060914E-insert – PAGES 2046-2048

                      FRIDAY, 15 SEPTEMBER 2006

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

  1. Introduction of Bills
 (1)    The Minister of Trade and Industry


      a) Accreditation for Conformity Assessment, Calibration and Good
         Laboratory Practice Bill [B 29 – 2006] (National Assembly –
         proposed sec 75) [Explanatory summary of Bill and prior notice
         of its introduction published in Government Gazette No 29170 of
         31 August 2006.]


     Introduction and referral to the Portfolio Committee on Trade and
     Industry of the National Assembly, as well as referral to the
     Joint Tagging Mechanism (JTM) for classification in terms of Joint
     Rule 160.


     In terms of Joint Rule 154 written views on the classification of
     the Bill may be submitted to the JTM within three parliamentary
     working days.

TABLINGS

National Assembly and National Council of Provinces

  1. The Minister of Finance
(a)     Government Notice No R.843 published in Government Gazette No
    29139 dated 18 August 2006: Amendment of prescribed fees in terms of
    the Pension Funds Act, 1956 (Act No 24 of 1956).


 b) Government Notice No R.847 published in Government Gazette No 29145
    dated 18 August 2006: Financial Services Ombud Schemes Regulations,
    in terms of the Financial Services Ombud Schemes Act, 2004 (Act No
    37 of 2004).
  1. The Minister of Education
a) Report and Financial Statements of the Education Labour Relations
   Council (ELRC) for 2005-2006, including the Report of the Auditor-
   General on the Financial Statements for 2005-2006 [RP 169-2006].
  1. The Minister of Science and Technology
a) Report and Financial Statements of the Council for Scientific and
   Industrial Research (CSIR) for 2005-2006, including the Report of
   the Auditor-General on the Financial Statements for 2005-2006 [RP
   120-2006].

                      MONDAY, 18 SEPTEMBER 2006

TABLINGS

National Assembly and National Council of Provinces

  1. The Minister of Communications

    (a) Report and Financial Statements of the Independent Communications Authority of South Africa for 2005-2006, including the Report of the Auditor-General on the Financial Statements for 2005-2006 [RP 133-2006].

  2. The Minister of Trade and Industry

    a) Report and Financial Statements of the National Gambling Board for 2005-2006, including the Report of the Auditor-General on the Financial Statements for 2005-2006 [RP 119-2006].

    b) Report and Financial Statements of Khula Enterprise Finance Limited for 2005-2006, including the Report of the Independent Auditors on the Financial Statements for 2005-2006

    c) Report and Financial Statements of the International Trade Administration Commission of South Africa for 2005-2006, including the Report of the Auditor-General on the Financial Statements for 2005-2006 [RP 95-2006].

    d) Report and Financial Statements of the South African Bureau of Standards for 2005-2006, including the Report of the Auditor- General on the Financial Statements for 2005-2006 [RP 46-2006].

COMMITTEE REPORTS

National Assembly

  1. Report of the Portfolio Committee on Justice and Constitutional Development on Draft Notice on Remuneration of Constitutional Court Judges and Judges, dated 13 September 2006:
 The Portfolio Committee  on  Justice  and  Constitutional  Development,
 having considered the request for approval by Parliament of  the  Draft
 Notice on Remuneration of Constitutional Court  Judges  and  Judges  in
 terms of the Judges’ Remuneration and  Conditions  of  Employment  Act,
 2001 (Act No. 47 of 2001) tabled in Parliament on 24  August  2006  and
 referred to it, recommends that the House, in terms of section 2(4)  of
 the Act, approve the whole of the said Draft Notice.

Report to be considered.

  1. Report of the Portfolio Committee on Justice and Constitutional Development on Draft Notice on Remuneration of Magistrates, dated 13 September 2006:

    The Portfolio Committee on Justice and Constitutional Development, having considered the request for approval by Parliament of the Draft Notice on Remuneration of Magistrates in terms of section 12(1)(a) of the Magistrates’ Act 1993, (Act No 90 of 1993), tabled in Parliament on 24 August 2006 and referred to it, recommends that the House, in terms of section 12(3) of the Act, approve the whole of the said Draft Notice.

Report to be considered.

  1. Report of the Ad Hoc Committee on Nomination of Persons to fill vacancies on the Commission on Gender Equality, dated 18 September 2006:

    The Ad Hoc Committee on Nomination of Persons to fill vacancies on the Commission on Gender Equality, was appointed by the House on 2 November 2005 to make nominations to the House in order to enable it to recommend to the President, persons to fill vacancies on the Commission on Gender Equality in terms of section 3(2) of the Commission on Gender Equality Act (Act No 39 of 1996), read with section 193 of the Constitution. The committee was to report to the House by no later than 15 February 2006.

    On the 17th February 2006, the House extended the committee’s deadline to the 22nd March 2006 in order to accommodate the Local Government elections. The committee’s deadline was further extended by House resolution on the 23rd March 2006 to the 12th May 2006. The committee reported on 11 May 2006 and asked the House to extend the deadline by which it must complete its task. These last extensions allowed time for the Minister of Justice and Constitutional Development to re- advertise invitations for the public to nominate suitable candidates for consideration by the committee.

    The Department of Justice and Constitutional Development received nominations and curricula vitae in response to the Minister’s invitation to the public to nominate suitable candidates, and submitted those to the National Assembly during August 2006, for the committee to consider. Of the 75 nominations received, the committee shortlisted 19 candidates, and interviewed the following 17:

    1. Ms Thembi Sarah Masilela
    2. Prof. Engela Pretorius
    3. Ms Nomazotsho Memani-Balani
    4. Adv Salome Khutsoane
    5. Dr Nombulelo Siqwana-Ndulo
    6. Ms Rosieda Shabodien
    7. Ms Yvette Abrahams
    8. Ms Bosa Daisy Ledwaba
    9. Mr Xolisani Holland
      1. Mr Bafana Gideon Khumalo
      2. Ms Kenosi Vanessa Meruti
      3. Mr Dizline Mfanozelwe Shozi
      4. Ms Ndileka Eumera Portia Loyilane
      5. Ms Dudu Masintle Zinneth Mokoena
      6. Ms Janine Louise Hicks
      7. Dr Teboho Maitse
      8. Ms Nomboniso Papama Gasa

    The following candidates withdrew:

  2. Ms Thelma Themba Kgasi
  3. Prof Peggy Nomfundo Luswazi

    The committee, in assessing the candidates, took into consideration various criteria which would assist the CGE to fulfil its mandate.

    The committee notes that in terms of section 3(4)(a) of the Commission on Gender Equality Act, the members of the Commission may be appointed as full-time and part-time members and shall hold office for a period not exceeding five years, as the President may determine, provided that the term of office of full-time members shall not expire simultaneously.

    Having interviewed the candidates, the committee nominates the following candidates for recommendation by the House to the President to appoint as Commissioners: a) Full time:

     1. Dr Teboho Maitse
     2. Ms Nomboniso Papama Gasa
     3. Ms Janine Louise Hicks
     4. Mr Dizline Mfanozelwe Shozi
     5. Ms Yvette Abrahams
     6. Ms Ndileka Eumera Portia Loyilane
    

    b) Part-time:

     7. Adv Salome Khutsoane
     8. Ms Nomazotsho Memani-Balani
     9. Ms Rosieda Shabodien
    10. Mr Bafana Gideon Khumalo
    11. Ms Kenosi Vanessa Meruti
    

    The committee further recommends that consideration be given to the staggering of the term of office of the full-time Commissioners over the period of 5 years.

Report to be considered.

                     TUESDAY, 19 SEPTEMBER 2006

TABLINGS

National Assembly and National Council of Provinces

  1. The Minister for Justice and Constitutional Development

    a) Report and Financial Statements of the National Prosecuting Authority for 2005-2006, including the Report of the Auditor- General on the Financial Statements for 2005-2006 [RP 125-2006].

    b) Draft Regulations regarding the Promotion of Access to Information, made in terms of section 92 of the Promotion of Access to Information Act, 2000 (Act No 2 of 2000).

  2. The Minister of Trade and Industry

    a) Report and Financial Statements of the Industrial Development Corporation of South Africa Limited (IDC) for 2005-2006, including the Report of the Independent Auditors on the Financial Statements for 2005-2006.

    b) Report and Financial Statements of the Estate Agency Affairs Board for 2005-2006, including the Report of the Independent Auditors on the Financial Statements for 2005-2006.

National Assembly

  1. The Speaker
 a) Report and Financial Statements of Vote 11 – Public Service
    Commission (PSC) for 2005-2006, including the Report of the Auditor-
    General on the Financial Statements of Vote 11 for 2005-2006 [RP
    129-2006].

[1] Water Quality Management in South Africa, sourced at http://www.dwaf.gov.za/Dir_WQM/wqm.htm

[2] Parts of the summation were sourced from: http://www.pmg.og.za

[3] The information was largely extracted from a paper by Nomquphu W (2005), Department of Water Affairs and Forestry, Pretoria. The paper is entitled, Overview of the Situation and Challenges for Water Quality Monitoring and Reporting in South Africa. [4] The information was largely extracted from a paper by Nomquphu W (2005), Department of Water Affairs and Forestry, Pretoria. The paper is entitled, Overview of the Situation and Challenges for Water Quality Monitoring and Reporting in South Africa.