National Council of Provinces - 27 February 2007
TUESDAY, 27 FEBRUARY 2007 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 14:04.
House Chairperson Ms M N Oliphant took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
NOTICES OF MOTION
Mnr J W LE ROUX: Voorsitter, ek gee kennis dat ek sal voorstel:
Dat die Raad –
1) versoek dat die Suid-Afrikaanse Polisiediens sy taalbeleid ten
opsigte van die gebruik van Afrikaans onmiddellik hersien;
2) van mening is dat dit onaanvaarbaar is dat Afrikaanssprekende lede
van die mag slegs in Engels met mekaar mag kommunikeer en dat in
oorwegend Afrikaanssprekende gebiede van die land slegs Engels as
voertaal gebruik mag word; en
3) van mening is dat die ANC-regering sy geniepsige houding teenoor
Afrikaans moet staak.
Dankie. [Tussenwerpsels.] (Translation of Afrikaans notice of motion follows.)
[Mr J W LE ROUX: Chairperson I give notice that I shall move:
That the Council –
1) requests the SA Police Service immediately to review its language
policy with regard to the use of Afrikaans;
(2) is of the opinion that it is unacceptable that Afrikaans-speaking members of the force may only communicate in English with each other and that in predominantly Afrikaans-speaking areas of the country only English may be used as language medium; and
(3) is of the opinion that the ANC government must cease its spiteful attitude toward Afrikaans.
Thank you. [Interjections.]]
Mr M A MZIZI: Chairperson, I hereby give notice that at the next sitting of the Council I shall move on behalf of the IFP: That the Council –
1) notes with shock that residents placed a tyre around the neck of Mr
Kenny Ndlovu and set him alight after he and two other people
allegedly tried to rob a woman on her way to work in Mmakau, in the
North West Province, this past Saturday;
2) further notes that it is alleged that Mr Ndlovu was one of the
province’s most wanted suspects, allegedly linked with 30 cases in
Garankua and 19 others in Mmakau village, including attempted murder,
rape and assault;
3) strongly condemns the actions of the mob in taking the law into their
own hands; and
4) urges communities to hand over suspects or criminals to the relevant
authorities and let the law take its course.
Ms A N T MCHUNU: Chairperson, I hereby give notice that at the next sitting of the Council I shall move on behalf of the IFP:
That the Council –
1) notes with sadness the devastating effect that the floods are having
on the people of Mozambique;
2) further notes that many people have lost their lives and many more
have had to evacuate their homes;
3) recognises that these floods are the worst to hit Mozambique since
2000-2001, when 700 people were killed and half a million displaced;
4) commends what our South African government has done so far; and
5) appeals to all South Africans and the business community to provide
assistance and support to the flood victims.
Mrs J N VILAKAZI: Chairperson, I propose that the notice of motion that has just been read be changed to a motion without notice.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon member, the member said she is giving notice of a motion. It is up to the member to move that without notice after we have dealt with notices.
CAR ACCIDENT INVOLVING ANC VOLUNTEERS
(Draft Resolution)
Ms F NYANDA: Sihlalo, ngiphakamisa lesishukumiso lesingakabikwa ngaphambili: Kutsi leNdlu –
1) Ivakalise ngalokukhulu kudzabuka nebuhlungu kutsi –
a) lapha Emphumalanga emvakwekuvulwa kweSishayamtsetfo, boKhomredi
labasihlanu labebaya emngcwabeni lapho bekushone khona lomunye
wabo abazange bafike lapho bebaya khona;
b) imoto lababehamba ngayo yaphandvuka nabo bafa bonkhe kwasala
munye naye usesibhedlela, bebavolontiya lapha ka-ANC;
2) itsi emindenini yabo madvudvu, iNkhosi beyati kutsi tihlobo tenu
betitawuhamba ngalendlela.
Ngiyabonga. (Translation of isiZulu notice of motion follows.)
[Ms F NYANDA: Chairperson, I move without notice:
That the Council –
(1) notes with regret that -
a) after the opening of the Mpumalanga Legislature, five of our
comrades, who were ANC volunteers and who were on their way to
a funeral, did not arrive there;
b) the car in which they were driving overturned, killing all of
them except one, who is in a critical condition in hospital;
and
2) would like to convey its condolences. The Lord knew that this is how
your relatives would leave you.]
Motion agreed to in accordance with section 65 of the Constitution.
FIGHT AGAINST CRIME IN THE WESTERN CAPE
(Draft Resolution)
Mr N J MACK: Chairperson, I move without notice:
That the Council –
1) notes –
a) the decline of violent crime in the Western Cape by 23% during
the past three years, since the ANC has started governing the
province;
b) the strengthening of the police over this same period by 9 439
members; and
c) the arrest of 549 high-flyers and taxi warlords over this same
period; and
2) therefore congratulates the Western Cape government, the Premier and
the MEC for Safety and Security for intensifying the fight against
drugs and gangs in the 15 worst affected areas through a massive
injection of R1 billion, and the establishment of four affordable
drug rehabilitation centres in the Western Cape.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Is there any objection to the motion? Hon Krumbock, are you objecting?
Mr G R KRUMBOCK: Yes, Chair.
The HOUSE CHAIRPERSON (Ms M N Oliphant): In light of the objection, the motion may not be proceeded with. The motion without notice will now become notice of a motion.
WISHES FOR A SPEEDY RECOVERY TO MEMBERS AND CONDOLENCES ON BEREAVEMENT
(Draft Resolution) The CHIEF WHIP OF THE COUNCIL: Chairperson, I wish to move without notice:
That the Council –
1) wishes a speedy recovery to three members, namely –
a) the hon H F Matlanyane, who has been hospitalised for some
time but is out of hospital now;
b) the hon J M Masilo, who became sick at the airport in
Johannesburg whilst en route to Parliament and had to be
referred to hospital; and
c) the hon J F Terblanche, who was involved in an accident and is
still recuperating;
(2) notes –
(a) with regret and sadness the passing away of the nephew of Mrs M
P Themba on Friday, 23 February 2007; and
(b) that he was buried on Saturday, 24 February 2007, at Brits in
the North West Province; and
(3) takes this opportunity to extend its sympathy and condolences to Mrs Themba and her family and wishes them strength in this time of difficulty.
Motion agreed to in accordance with section 65 of the Constitution.
FIGHT AGAINST CRIME
(Draft Resolution)
Kgoshi M L MOKOENA: Chairperson, I move without notice:
That the Council –
1) recalls –
a) the assertion in the RDP White Paper, as one of its basic
principles, that “promoting peace and security will involve all
people. It will build on and expand the national drive for peace
and combat the endemic violence faced by communities in South
Africa”; and
b) that the January 8 Statement reasserted this call to all South
Africans to “make every possible effort to decisively tackle the
challenge of crime, drawing on the resources and capacity of all
sectors of our society in a united front against crime”.
2) notes –
a) that President Thabo Mbeki, in his state of the nation address
that was delivered on 9 February 2007, reasserted the
government’s commitment to further intensify the struggle
against crime in South Africa; and
(b) that crime is a societal pathology that is embedded in the
various social ills facing our country, and therefore requires
concerted efforts that will provide a comprehensive response to
the noble call of reclaiming our streets from any kind of
criminality in our country;
3) acknowledges the tireless efforts and interventions of the government
since the demise of the apartheid regime in 1994 in dealing
decisively with the scourge of crime in our country; and
4) further acknowledges that the police service and government agencies
cannot fight crime alone and therefore urges all the people of South
Africa in their formations to be an integral part of the fight
against crime and violence in our country.
Motion agreed to in accordance with section 65 of the Constitution.
TRANSNET PENSION FUND AMENDMENT BILL
(Consideration of Bill and of Report thereon)
The DEPUTY MINISTER OF TRADE AND INDUSTRY (Ms E Thabethe) (On behalf of the Minister for Public Enterprises): Chairperson, hon members, ladies and gentlemen, I wish to extend the apology which was forwarded to the NCOP by the Minister for Public Enterprises because he was unable to reschedule a meeting with one of our legends, our former State President, Nelson Mandela. So, he requested me then to stand in for him. I’m sure you will accept the apology. Thank you very much.
The tabling of the Transnet Pension Fund Amendment Bill to the National Council of Provinces for debate marks the end of a long process and it is my hope that the House will support this Bill. Members will recall that the basic changes we made to the Transnet Pension Fund are the outcome of a protracted negotiation and also strike action in early 2006. By way of background, prior to 1990, Transnet had the Railways and Harbours Pension Fund for black employees and the Railways and Harbours Superannuation Fund for white employees.
In 1990, these two funds were merged into the Transnet Pension Fund, which was established under the Transnet Pension Fund Act of 1990. All Transnet employees were then obliged to become members of the Transnet Pension Fund. The Transnet Pension Fund is a defined benefit fund, which means that Transnet guarantees upfront the amount of the pension benefit that an employee will receive on retirement.
In 2000, two new funds were established and the Act was amended to accommodate these new funds. The new funds were, firstly, the Transnet Second Defined Benefit Fund, a fund for Transnet pensioners which is also a defined benefit fund. No new pensioners were allowed to join this fund after 2000, only those pensioners who were existing members at the time of the fund’s establishment were allowed to remain members. Thus, this fund is also known as a closed fund because it is closed to new members.
Secondly, the Transnet Retirement Fund is a defined contribution fund that is open for all new Transnet employees to join. A defined contribution fund means that the amount of the pension benefit that an employee receives on retirement will depend on the contribution made by that employee and the employer, as well as the outcome of the investments made from these contributions during the employee’s years of service with the company.
Upon the establishment of these two new funds in 2000, most employees voluntarily transferred from the Transnet Pension Fund to the Transnet Retirement Fund. Presently, the Transnet Pension Fund has approximately 10 000 members and its members consist of all pensioners who did not transfer to the Transnet Retirement Fund. No new members have been allowed to join the Transnet Second Defined Benefit Pension Fund since 2000.
Members may be aware that Transnet is in a process of restructuring from a transport conglomerate to a focused freight company whose core business is only ports, rail, and pipelines. As part of the restructuring, Transnet has been disposing of certain businesses that are not core to the freight business. Such disposals include, for example, the transfer of Transnet shares in SAA to government and the transfer of Metrorail to the SA Rail Commuter Corporation Limited.
Members will also appreciate that as part of the transfer of businesses, specifically, employees working in the transferring business will be transferred along with the business. Essentially in the case of Metrorail employees, workers will no longer be employed by Transnet, but by the SA Rail Commuter Corporation Limited. As the new employer, the SA Rail Commuter Corporation Limited would provide the new workers with new employment conditions and benefits, including membership in new pension funds. Thus, their membership in the Transnet Fund would terminate along with their transfer. The rationale behind the amendment of the Bill in the peculiarity of the Transnet Fund is that all three were established by statute. In terms of the Income Tax Act, certain pension funds that are established by statute known as paragraph (a) funds, have some benefits that allow the lump sum benefits for members not to be taxed when the member leaves employment. This protection, however, applies only to benefits attributable to membership prior to 1 March 1998. Thus the portion of a member’s benefit relating to their employment before 1 March 1998 may not be taxable.
If a new employer’s pension fund is not a paragraph (a) fund as defined in the Income Tax Act, then the employee’s tax benefit for membership obtained prior to 1 March 1998 vests when they leave their employment. The Income Tax Act contains a formula for calculating such lump sum benefits and the vesting of such benefits.
The effect of Transnet’s restructuring, therefore, means that employees transferring to entities such as the SA Rail Commuter Corporation, which does not have a pension fund established by statute, and may not be defined as a paragraph (a) fund, could lose the income tax protection they had under the Transnet funds.
Therefore, in April 2006, Transnet, labour and the Minister for Public Enterprises agreed that pension benefits of existing members of Transnet Funds would remain the same, notwithstanding the disposal of certain Transnet businesses. Under the agreement, employees transferring to state- owned enterprises, buying Transnet businesses and shares will continue to be members of the Transnet Retirement Fund. The Transnet Pension Fund will be restructured into a multiemployer fund to allow continued membership of these funds. Thus, those employees transferring to other employers such as the SA Rail Commuter Corporation would retain their membership of the Transnet Funds in order to receive continued income tax protection of their pension benefits.
The reason for introducing this Bill before Parliament is to try to effect the agreement reached between Transnet Limited, Transnet trade unions, my office and that of the Minister for Public Enterprises.
Transnet trustees of the three funds, Cabinet and the National Assembly have approved the Bill and the draft amendments in the Bill. So, it is up to this House now to deal with these particular amendments. These draft amendments are published in Government Gazette 29303 of 12 October 2006.
In terms of the agreement, therefore, the Transnet Pension Fund remains a closed defined benefit and is restructured into a multiemployer fund. Secondly, the Transnet Retirement Fund remains a defined contribution fund and allows existing members to retain their fund membership even after the transfer of the business to a new state-owned employer. Thirdly, the Transnet Second Defined Benefit Fund remains a closed defined benefit fund and it is largely unchanged, save for minor changes to ensure consistency of the names used.
I will now focus the discussion of the principles of the proposed Bill on the two funds, on which we agreed with the unions, namely the Transnet Pension Fund and the Transnet Retirement Fund. The Transnet Pension Fund is renamed the Transport Pension Fund. Although it is an independent multiemployer fund, it remains one legal entity. State-owned enterprises to whom Transnet businesses have been disposed, may join as principal employers. Under a structure, there is one subfund per principal employer and sub- funds automatically consist of active or existing members.
The definition of an alternate employer makes it quite clear that this applies to a specific situation relevant to Transnet and its employees who move to a location where the state is either a shareholder or a controlling structure as defined in the Public Finance Management Act. We are dealing with the particular circumstances related to the current restructuring of Transnet. I stress this point as it is not in one’s interest to have overly complex pension funds.
An insight into what I mean by complexity is found in the fairly detailed structure of the fund and subfunds that is dealt with in Clause 4. This complexity is necessary in order to protect the interest of the enterprises and the employees. We can accommodate this complexity to meet the legitimate concerns of the employees in the very specific current and historical situation we find ourselves in now, but clearly this is not the best practice model for the future. The allocation of pensioners and dependence of pensioners as fund members is determined in the sale agreements relating to the sale of the Transnet businesses. The relevant liabilities, assets, rights, and obligations allocated to the subfund are determined by trustees, the fund valuator and actuaries. Subfunds have clearly defined ringfenced liabilities and assets. Each principal employer guarantees its own subfund.
This new Transport Pension Fund will have two sets of rules. Firstly, general rules to control governance, allocation of costs and statutory matters and secondly, special rules to control service contributions and benefits. There will also be two levels of trustees, a Board of Trustees for the entire Transport Pension Fund, which must control the governance of the entire fund and the administration of benefits and assets under the general rules; and subfund boards, which manage all aspects of the subfund and are governed by the special rules, including investments policy and administration of benefits and assets.
The Transnet Retirement Fund is not a multi-employer fund and in principle remains a Transnet Fund. The Bill proposes to introduce provisions that will allow existing members who are employees of the businesses sold to certain state-owned enterprises and entities transferred to government to remain members even after transfer. No new employees of these state-owned enterprises and entities may join the Transnet Retirement Fund.
It was, I believe, the view of some unions that the new fund should be opened for new employees entering these new state-owned enterprises or public entities. However, the unions representing the majority of the employees withdrew this request and agreed that the process of amending the Bill should proceed. Those unions who did not withdraw their objections also agreed that they would not delay the amendment process.
I believe that we have protected the rights of existing employees through the Amendment Bill. There have been no significant changes in regard to the Second Defined Benefit Fund. One positive note, however, in regard to that fund is its improved financial position. As indicated by the Chief Executive Officer of Transnet, this will allow us to address certain real problems in that fund.
In conclusion, we would like to thank the select committee led by their chairperson for the hard work they’ve done, and also the question of dealing with the pressures of time and with an antiquated form of drafting. It is often much more difficult to start from something that is from another era when amending an Act than it is to start with a clean slate. It is my sincere hope that the House will support this amending Bill, and I hope you are not going to shoot the messenger. Thank you. [Applause.]
Ms M P THEMBA: Hon Chairperson, hon members, comrades and friends, we should bear in mind the mandate we got from the people in 2004, which is based on the contract to address our country’s most important problems, namely poverty and unemployment.
The Bill we are passing today is another step in forging an environment that is conducive to creating a society where every South African can enjoy the fruits of our liberation. The Transnet Pension Fund Amendment Bill is the last step in a long line of moves to bring about a more equitable retirement dispensation in one of our most important state-owned enterprises – SOEs.
We are all aware that the previous regime provided retirement benefits according to the degrading of races doctrine they practised. Unfortunately, this meant that many of our people toiled for years only to retire on a mere pittance and this situation was never adequately addressed.
Transnet tried to address this situation in 1990, in terms of the Transnet Pension Fund Act 62 of 1990, which combined the New Railways and Harbours Superannuating Fund and the Railways and Harbours Fund for nonwhite employees. This brought all its employees, regardless of race, one pension fund. Whilst this did not address the fact that workers’ benefits would differ due to the fact that black workers used to be paid less than their white counterparts, it was a step in the right direction.
In 2000, the act was amended to establish the Transnet Second Defined Benefit Fund to which the liabilities of the Transnet Pension Fund in respect of its pensioners were transferred.
Further amendments empowered Transnet to establish the Transnet Retirement Fund, a defined contribution fund, and most Transnet employees voluntarily transferred to this new fund, with effect from 01 November 2000. This thus meant that the Transnet Pension Fund, which now has almost 12 000 members, has been closed to new members since then.
Transnet has decided on a new business strategy whereby they are looking to becoming a dedicated freight carrier. This entails them having to divert themselves from what are called non-core assets, which asks for the transfer of shares, inter alia, in the South African Airways to the state, as well as the transfer of Metrorail business to the SA Rail Commuter Corporation. Transnet intends to transfer these businesses with as little as possible adverse effect on the retirement savings of the employees involved in SAA and Metrorail.
After intense consultations and interactions with the trade unions, Transnet and the Department of Public Enterprises agreed that transferring employees and pensioners would be allowed the option to retain their membership in the Transnet Funds. This amending Bill is thus brought to amend the Transnet Pension Fund Act, Act 62 of 1999 to allow for this situation.
This Bill amends various definitions in the Transnet Pension Fund Act of 1990 to allow for the establishment of the Transnet Pension Fund.
The Transport Pension Fund will become a multiemployer pension fund – the umbrella - for employees of Transnet and for employees of only those state or national government business enterprises to which the shares of the companies in which those employees were employed or to which businesses in which those employees were employed by Transnet, were transferred. In simpler terms, employees who were transferred to either SAA or Metrorail are allowed to remain part of the Transport Pension Fund.
In addition, the Bill also provides for the continued membership in the Transport Pension Fund or the Transnet Retirement Fund of persons who were members of that fund immediately prior to the sale of respective shares or businesses to a state-owned enterprise – SOE - employer and who are still employees or retired employees of that State-Owned Enterprise - SOE - employer. The amending Bill further provides that only new employees of Transnet may join the Transnet Retirement Fund and excludes from membership new employees of the SOE employer that participates in the fund.
It must be acknowledged that the trade unions were initially not satisfied with the exclusion of new employees of the SOE employees from joining the Transnet Fund, as they were of the opinion that preventing new employees of state-owned enterprises from joining the fund will mean a steady depletion of the fund over time, keeping in mind that some of the expenses incurred by the fund are proportionate to the size of the membership whilst others such as audit fees, valuation reports and communication costs do not reduce proportionately.
The unions further averred that as membership reduces, the increased costs would have to be borne by members reducing contributions to retirement savings. They therefore asked that new employees of participating state- owned enterprises – SOE - employees be given the opportunity to join the Transnet Retirement Fund.
However, after further consultation between the Department of Public Enterprises, Transnet and union representatives, most of the unions agreed that the formulation preventing new SOE employees from joining the Transnet Retirement fund should remain in the Act.
This Act will thus ensure that all employees of Transnet are eventually participants of the same pension fund and will ensure the retirement funds of those employees transferring to new SOE employees.
The Select Committee on Labour and Public Enterprises supported the Bill as amended by the Portfolio Committee on Public Enterprises. I therefore request the House to support this Bill. I thank you.
Ms S H CHEN: Chairperson, hon Deputy Minister, hon members, happy Chinese New Year to you all! [Applause.]
Today’s discussion marks the end of a long process. While the Bill before us in its original form was well intended, it was technically deficient and had to be redrafted. This process is now complete, and while thanks need to go to both the relevant portfolio and select committees for their sterling work in this regard, I do believe that special recognition is in order for both the hon Peter Hendrickse and the DA’s hon Martin Stevens, who headed the subcommittee in charge of rewriting the Bill.
The amendments contained in the Bill resulted from and give effect to an agreement reached with the management of Transnet, after its employees registered their concerns over the disposal of non-core assets, such as Metrorail, South African Airways and South African Express. History has shown us that the fears of these Transnet employees or future Transnet pensioners, if you will, are not without basis.
Today, there are still around 100 000 Transnet pensioners and their dependants – members of the second defined benefit fund – who have suffered below inflation increases for a number of years as a result of restructuring and unwise asset sell offs and exchanges under both the previous regime and the government.
The aim of the Bill is to protect employees and pensioners that are being transferred due to asset disposals and to provide them with the option to retain their current membership of the Transnet Pension Fund.
This is particularly important for members who were part of the fund before 1 March 1998, as the portion of the contributions made prior to this date will not be subject to tax.
During the course of the deliberations around the Bill, inputs were received from these and other Transnet pensioners, making Parliament very much aware of their problems.
It concerns us that some of them receive pensions which are way below what other former civil servants received. As my colleagues have pointed out on numerous occasions in the National Assembly, this is no way to show gratitude to those who have served Transnet faithfully over many years.
The Bill also tries to safeguard the employers of fund members and makes provision for subfunds so that the liability would move to the newly independent employer. This is necessary, as Transnet has been guaranteeing the benefits of these members.
We also consistently receive correspondence from these pensioners seeking reassurance that any change would not have further detrimental effects on their pension. As far as this Bill is concerned, this assurance can be given, but the weakness is that there are no changes that will be materially beneficial to their existing plight. This, I am afraid, is something which cannot be addressed by new legislation and needs to be addressed by government.
On behalf of these pensioners, I once again urge the department to bring these pensioners that have lagged behind inflation for years up to a proper civilised standard.
I also urge the Minister of Finance, the hon Trevor Manuel, to get Treasury to step up its responsibility as the guarantor of the Transnet Pension Fund and to facilitate a proper solution to this problem.
In principle, the establishment of a multiemployer pension fund under the umbrella of the Transnet Pension Fund is a good idea that will spread the risk carried by Transnet and protect the benefits of older members of the fund.
The DA supports the Bill. Thank you. [Applause.]
Ms N D NTWANAMBI: Chairperson, hon Deputy Minister, officials from the Department of Public Enterprises, comrades and friends - hopefully those who are not comrades will at least be friends - I want to assure you, Deputy Minister, that this Bill has been well discussed in our committee. I hope and do not think that there is anyone who disagrees with us today, because we had agreed in the committee.
The Act provides, amongst other things, for members to have their benefits taxed on the basis that that portion of benefit attributable to membership prior to 1 March 1998 will not be subject to tax. This is because the original pension funds were established in terms of specific statutes other than the Pension Funds Act of 1956. Many seated here were not yet born then. The benefits so acquired thus have a special tax exemption.
Unfortunately, not all of us will benefit under the previous provision. However, where former Transnet employees will benefit from the exemption, it will provide much-needed extra assistance in the fight against poverty. The Act also provides that Transnet employees and employees of only those state or national government business enterprises, that is the state-owned enterprises, SOE employers to which Transnet shares were transferred, who are currently members of either the Transnet Pension Fund or Transnet Retirement Fund, will be allowed to remain part of the pension fund.
In plain language, employees who were transferred to either SAA or Metrorail are allowed to remain part of the Transnet Pension Fund. However, employees transferred to entirely private sector entities will not be allowed to retain their membership in the Transnet Pension Fund. This is an entirely common business practice, and we have the utmost confidence that any such transfers were done, and will continue to be done, where necessary, in full compliance with the labour laws that the ANC has put in place.
As mentioned by Comrade Priscilla, the chairperson of the committee, the Act further provides that only new employees of Transnet may join the Transnet Retirement Fund, and excludes from membership new employees of the SOE employer that participates in the fund. Comrade Themba also mentioned that the unions were not very happy with this provision initially, but after further discussion, the majority of the parties were eventually able to come to a common understanding.
Eyona nto ibalulekileyo Mhlalingaphambili, yeyokuba, thina njengabameli babantu, sithi siyixoxe imithetho, sivumelane ngayo sonke phambi kokuba ipasiswe kule Ndlu. Siye siqinisekise ukuba leyo into yenzekile. Ukuba bandawoni na abasebenzi yenye yezinto zokuqala esiye sifune ukuziqonda. (Translation of isiXhosa paragraph follows.)
[Chairperson, is important to note that before a piece of legislation is passed by this House, it is discussed and agreed upon by all public representatives. We make sure that that process takes place. Labour law is one of the first things we seek to understand before anything else.]
What this Act will do, is to eventually remove the burden on Transnet to fund and guarantee benefits of people who are no longer directly associated with the former or current employer in state employment. The Act provides for ring-fencing and assigning the liabilities with regard to the benefits that will ultimately be payable by the Transnet Fund to the current and former employees and/or their beneficiaries.
This also makes sound business sense in that Transnet should have a clearer sense of their eventual financial liabilities. However, at the same time, Transnet should remain alert to the fact that as a state-owned enterprise, it has more social and developmental responsibilities than a mere commercial enterprise. It thus follows that it should deal with its current and former employees in a more socially conscious manner than private corporate enterprises. Lastly, I must say, as I did before, that there were no dissenting views. I therefore ask the House to really vote in favour of this Bill. Thank you very much. [Applause.]
Nk A N T MCHUNU: Sihlalo, mhlonishwa Phini likaNgqongqoshe, angeke phela kuthi unwabu nalo lungabulawanga yize lwadlulwa yizinto, kodwa bese kuthiwa kukhona umuntu ongakuthinta. Nentulo le eyaba umaqinase, yabe yenza nje umsebenzi wayo. (Translation of isiZulu paragraph follows.)
[Ms A N T MCHUNU: Chairperson and hon Deputy Minister, legend has it that not even the chameleon, which was sent to earth to tell people that they would not die, was killed even though it loitered on the way and missed out in things, and yet they say somebody will touch you. Even the gecko too, which was clever enough to reach the destination just before the chameleon did, and contradicted the message, was doing its job.]
So you were not late in delivering the message. Therefore, nobody will shoot you.
Transformation necessitated the restructuring of Transnet, which resulted in all organs of Transnet being looked into. Non-core assets had to be disposed of, and Transnet had to focus on the rail transport and infrastructure component to cater for the growing transport needs and growth of the South African economy. Such changes affected human resources, and employees were concerned about their conditions of employment and benefits. The disposal of non-core assets had to be made in such a way that employee rights and benefits were not adversely compromised.
The hon Minister of Public Enterprises, Transnet management and labour unions negotiated the route to be taken, and the amendment of the Transnet Pension Fund Act of 1990 was proposed, hence the Bill. The Bill aimed to protect the benefits of current Transnet pension and retirement fund members affected by the restructuring process.
Provision is made by the Bill to have transferred employees and pensioners retain their existing membership in the Transnet pension and retirement funds. The Bill still retains the status of the Transnet Pension Fund, as paragraph A of the 1956 Pension Funds Act states that:
When a member leaves employment, the portion of her/his lump sum benefits attributable to membership entitled to have his or her lump sum benefits taxed on the basis that the portion …
Just wait, please. There is something wrong. [Interjections.] No, it just is a typographic mistake.
… attributed to the member prior to 1 March 1998 may not be taxable. This is appreciated as it protects retirement savings of employees who have been contributing to the fund. The IFP supports the Bill. I thank you. [Applause.]
Ms B L MATLHOAHELA: Honourable Chair, hon Deputy Minister, I greet thee and every hon member in the House. [Interjections.]
The ID followed this Bill with interest. It was noted that, according to amendments of section 10 of Act 62 of 1990, provision was made for deductions for the prevention of persons losing their homes because of difficulties. This is commendable. It is also noted that it happens, not as a compulsory rule, but as agreed to between the employer and employee. It also aims to protect the employer from unrecoverable debt in the case where a member terminates the employment and is not immediately employed elsewhere, or dies before retirement.
In the past, when the sole breadwinner died, usually the husband, his spouse received a lower pension income as the deceased’s dependant. This meant that the standard of living of the spouse decreased substantially. However, when the wife died, the income of the husband did not decrease. This seemed unfair and discriminatory. How does this stand when put up against the equity policy? The ID trusted that this Bill would also speak to this inequality. Discrimination in this age must be avoided at all costs.
Because of the good work that has been put in, we support this Bill. I thank you. [Applause.]
Mr N D HENDRICKSE: Hon Chair, hon Deputy Minister, hon members, the Transnet Pension Fund Amendment Bill seeks to restructure the Transnet Pension Fund into a multiemployer pension fund for employees and pensioners of the Transnet group of employers and alternative employers who were such employees and pensioners on 11 November 2005.
The scenario has come about due to the unbundling of the transport sector and is an effort to protect the workers who could find themselves separated from their original employers.
The Bill must be commended for seeking to protect the employee by the prohibition of ceding their pension for any loan, and for the fact that the Bill prohibits any person or company from attaching employees’ pensions for whatever reason or in the event of sequestration.
However, what is of concern is that the Bill allows for an employer to recover monies owing to them from the pension fund, should the employee resign or abscond, if I’m reading this Bill correctly. Secondly, the Bill allows for the employer to subtract any monies owed to it by a housing loan, should the employee leave.
I want to submit that protecting pensions is non-negotiable. No entity should be allowed to touch an employee’s pension. Wives and children will suffer. Housing loans are large amounts and it would be criminal, to say the least, to subtract the housing loan from a pension fund, should the employee die. Surely these houses must carry an insurance bond.
Thirdly, we cannot tie people to their jobs simply because they have a housing loan. The farmers practised this feudal system and now people are suffering. Employees must be given an option to continue paying the bond even though they have left their employer.
Perhaps, Deputy Minister, you could have a relook at these things. We do support the Bill, but I think you need to look at these other two facts very hard, because pensioners cannot be allowed to lose their pensions. Thank you.
Mr J M SIBIYA: Comrade Chairperson, Comrade stand-in Minister … [Laughter.] … colleagues, comrades, ladies and gentlemen, the ANC knows that anything that does not develop, inevitably degenerates and disappears. It is also aware that during the apartheid regime’s days Transnet operated on two funds; one for the black workers and the other one for the whites.
By way of adapting to create and extend room for development and more efficiency, Transnet has of late decided to shed its non-core assets so as to concentrate on and dedicate itself to freight carrier business. The move, in our view, enabled them to improve on their productivity, quality of service and efficiency, which are some of the most important business achievement indicators in this world of stiff and fierce competition.
Taken in their entirety, the amendments pave the way, in part, for the Transnet Pension Fund to be governed in terms of general rules applicable to the fund as a whole, and in terms of special rules, which will specifically cater for the following: one, the contributions payable by and on behalf of employees of specific employers or groups of employers; two, the benefits payable to those employees and their dependants as well as other beneficiaries; and three, other matters specific to subfunds to be established in respect of the employees, such as investment of the assets attributable to the subfunds.
On the other hand, the general rules may be amended with the consent of all principal employers, or by a majority of employers and the Minister of Public Enterprises, in this case Comrade Alex Erwin. The special rules may be amended with the consent of the applicable principal employers.
Put together, the above provisions create room for a more democratic process that involves everyone concerned in the decision-making process, where the end-product becomes owned by everybody involved. The same goes in this respect for accountability as one of the cornerstones of our democratic government.
The amendments also allow the fund to purchase annuities in the name of its pensioners, thereby allowing it to transfer its liabilities in respect of those pensioners to insurers. The Minister, too, becomes empowered by these amendments to make regulations that guide the conduct of the activities of the fund, thereby becoming hands-on.
At a political level, the Bill is a cutting edge in our struggle against poverty and the legacy of apartheid in that it undercuts the basis on which the previous regime made no attempt to increase the benefits of black employees, as two of my colleagues, leaders and comrades have said before.
This also contributes to our struggle for a nonracial society and underscores the antiracist content of our national democratic revolution as spearheaded by the ANC, which is also heading the government, which therefore means that the government, under the ANC, is gearing itself for the removal of all the legacies of apartheid, and in this respect it is a step forward. Therefore the ANC, as government, unreservedly supports the Bill and urges the honourable House seated here to do the same. Thank you. [Applause.]
The DEPUTY MINISTER OF TRADE AND INDUSTRY (Ms E Thabethe): Thank you very much, Chairperson. I would like to thank all hon embers who participated in this debate. It was quite a good, lively debate. I must say that I have jotted down some of the points that were raised, but I think there are issues that could be addressed.
The Chairperson has raised general issues - processes that we had to follow, the negotiations with the trade unions, etc. I do agree with her that it was not an easy process. It was a protracted type of a question but at the end of the day, if you negotiate, surely it becomes a give-and-take situation and you must reach some compromises or some consensus. That is why there were these particular processes, which led to a strike. That is why, in trying to resolve issues that were raised, this Bill is before you today. So, we do take that in good faith, because the negotiations were held in good faith and we hope that the co-operation between the union and the department as well as the state-owned enterprises will still continue.
The hon Chairperson raised the question of the disposal of non-core assets and some of the employees who were underpaid during the second defined benefit process. Those issues are under the Minister’s attention. He is presently dealing with that. I am sure he might come back with some of the issues. But he told me that he is looking at those issues with a hawk’s eye. So, do not feel bad. Thank you for raising those issues. The question of the guarantor will be put to the Minister of Finance to deal with. We hope he is also going to be positive with that particular proposal.
Hon Ntwanambi also raised some key critical issues in respect of the process as well as the proposals made. She raised the question of social responsibility that some of the state-owned enterprises have to deal with. I agree with that, but also take into account the fact that they also deal with other issues that are beyond their mandate. The points raised are quite good and we hope that they live up to those issues and make sure that they will help where they can.
The hon Mchunu as well raised a question of non-core assets. So, it seems to be general issues that were raised on the non-core assets and the taxable portions, the contribution, etc. Those points are also taken care of and the Minister is working on them, and I am sure that in the spirit of the way you supported the Bill, he will also be able to take care of those issues.
Hon Matlhoahela, I have heard about your past historical inequalities. The point of discrimination that you have raised, that the widows and the widowers do not claim the same, is a critical one and I hope that it will be attended to, because it is against the Constitution if this practice still continues. So, we will have to look at that and then be able to report back to you.
Hon Hendrickse raised a concern about unbundling of the entity of how the employees were treated and the money that is deducted by the employer. I think the employees go into agreement with the employers about some of these things. But there are isolated cases where you find that some of these practices do not comply with the basic rules or the basic legislation. In that regard, those issues are dealt with under the broad labour market issues. So, I also believe that if there are wrongdoings in terms of money deductions and they are not valid in terms of the law, then they can be challenged.
I will refer the question of housing loans, bonds and how they pay and repay to the Minister, I am sure he will be able to answer it. I do not want to act like an expert on the repayments issue.
Hon Sibiya raised a lot of issues that started when the negotiations started, workers rights, etc. All those points are good, which shows that we are going in the right direction; this ANC-led government does make sure that it listens to the people, workers, working class and everybody, but at the end of the day it also tries to harmonise the relations and make sure that we then guard against what we agreed on in the Constitution and in the Bill of Rights, and to make sure that we comply as such. Thank you very much for those points.
To all the speakers, thank you very much. I appreciate that I was not shot at and I hope that the relationship that I have with this House will continues, because at times I come here and listen even if I am not presenting anything. I am like a friend of the NCOP. [Applause.] Thank you for supporting the Bill; I will give the Minister a report-back. Thank you very much. [Applause.]
Debate concluded.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Thank you, hon Deputy Minister. Of course you are welcome. We will be pleased if you can come to this House now and again.
That concludes the debate. I shall now put the question. The question is that the Bill be agreed to. In accordance with Rule 63 I shall first allow political parties to make their declarations of vote if they so wish. Is there any political party willing to make a declaration of vote? There is none. We shall now proceed to the voting on the question. Those in favour will say ``Aye’’.
HON MEMBERS: Aye!
The HOUSE CHAIRPERSON (Ms M N Oliphant): Those against will say ``No’’. All members voted in favour. I therefore declare the Bill agreed to in terms of section 75 of the Constitution.
Bill agreed to in accordance with section 75 of the Constitution.
The Council adjourned at 15:07 ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
WEDNESDAY, 21 FEBRUARY 2007
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
-
Draft Bills submitted in terms of Joint Rule 159
1) Division of Revenue Bill, 2007, submitted by the Minister of Finance. Referred to the Portfolio Committee on Finance and the Select Committee on Finance.
2) Banks Amendment Bill, 2007, submitted by the Minister of Finance. Referred to the Portfolio Committee on Finance and the Select Committee on Finance.
3) Pension Funds Amendment Bill, 2007, submitted by the Minister of Finance. Referred to the Portfolio Committee on Finance and the Select Committee on Finance.
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Finance
(a) The Budget Speech of the Minister of Finance - 21 February 2007
[RP 03-2007].
(b) Estimate of National Revenue for 2007 [RP 04-2007].
(c) Taxation Proposals in respect of Income Tax.
(d) Budget Review 2007 [RP 02-2007], including:
• Taxation proposals in respect of customs and excise
duties; and
• "Annexure E: Memorandum to accompany the Division of Revenue
Bill", tabled in terms of section 10(5) of the
Intergovernmental Fiscal Relations Act, 1997 (Act No 97 of
1997).
(e) Appropriation Bill [B 2– 2007].
(f) Division of Revenue Bill [B 3– 2007], tabled in terms of section
10(1) of the Intergovernmental Fiscal Relations Act, 1997 (Act No
97 of 1997).
(g) Estimates of National Expenditure 2007 [RP 01 - 2007], which
includes:
1. Memorandum on Vote No 1 - "The Presidency", Main Estimates,
2007-2008;
2. Memorandum on Vote No 2 - "Parliament", Main Estimates, 2007-
2008;
3. Memorandum on Vote No 3 - "Foreign Affairs", Main Estimates,
2007-2008;
4. Memorandum on Vote No 4 - "Home Affairs", Main Estimates, 2007-
2008;
5. Memorandum on Vote No 5 - "Provincial and Local Government",
Main Estimates, 2007-2008;
6. Memorandum on Vote No 6 - "Public Works", Main Estimates, 2007-
2008;
7. Memorandum on Vote No 7 - "Government Communications and
Information System", Main Estimates, 2007-2008;
8. Memorandum on Vote No 8 - "National Treasury", Main Estimates,
2007-2008;
9. Memorandum on Vote No 9 - "Public Service and Administration",
Main Estimates, 2007-2008;
10. Memorandum on Vote No 10 - "Public Service Commission",
Main Estimates, 2007-2008;
11. Memorandum on Vote No 11 - "South African Management
Development Institute", Main Estimates, 2007-2008;
12. Memorandum on Vote No 12 - "Statistics South Africa", Main
Estimates, 2007-2008;
13. Memorandum on Vote No 13 - "Arts and Culture", Main
Estimates, 2007-2008;
14. Memorandum on Vote No 14 - "Education", Main Estimates,
2007-2008;
15. Memorandum on Vote No 15 - "Health", Main Estimates, 2007-
2008;
16. Memorandum on Vote No 16 - "Labour", Main Estimates, 2007-
2008;
17. Memorandum on Vote No 17 - "Social Development", Main
Estimates, 2007-2008;
18. Memorandum on Vote No 18 - "Sport and Recreation South
Africa", Main Estimates, 2007-2008;
19. Memorandum on Vote No 19 - "Correctional Services", Main
Estimates, 2007-2008;
20. Memorandum on Vote No 20 - "Defence", Main Estimates, 2007-
2008;
21. Memorandum on Vote No 21 - "Independent Complaints
Directorate", Main Estimates, 2007-2008;
22. Memorandum on Vote No 22 - "Justice and Constitutional
Development", Main Estimates, 2007-2008;
23. Memorandum on Vote No 23 - "Safety and Security", Main
Estimates, 2007-2008;
24. Memorandum on Vote No 24 - "Agriculture", Main Estimates,
2007-2008;
25. Memorandum on Vote No 25 - "Communications", Main
Estimates, 2007-2008;
26. Memorandum on Vote No 26 - "Environmental Affairs and
Tourism", Main Estimates, 2007-2008;
27. Memorandum on Vote No 27 - "Housing", Main Estimates, 2007-
2008;
28. Memorandum on Vote No 28 - "Land Affairs", Main Estimates,
2007-2008;
29. Memorandum on Vote No 29 - "Minerals and Energy", Main
Estimates, 2007-2008;
30. Memorandum on Vote No 30 - "Public Enterprises", Main
Estimates, 2007-2008;
31. Memorandum on Vote No 31 - "Science and Technology", Main
Estimates, 2007-2008;
32. Memorandum on Vote No 32 - "Trade and Industry", Main
Estimates, 2007-2008;
33. Memorandum on Vote No 33 - "Transport", Main Estimates,
2007-2008;.
34. Memorandum on Vote No 34 - "Water Affairs and Forestry",
Main Estimates, 2007-2008.
Referred to the Portfolio Committee on Finance for consideration
and report.
COMMITTEE REPORTS
National Council of Provinces
-
Report of the Select Committee on Land and Environmental Affairs on the Annual Report and Financial Statements for 2005/2006 of the Department of Environmental Affairs and Tourism, dated 30 January 2007:
The Select Committee on Land and Environmental Affairs, having been briefed by the Department of Environmental Affairs and Tourism on its Annual Report and Financial Statements of Vote 27 for 2005-2006, including the Report of the Auditor-General on the Financial Statements of Vote 27 for 2005-2006, referred to it, reports that it has concluded its deliberations thereon.
FRIDAY, 23 FEBRUARY 2007
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
-
Introduction of Bill (1) The Minister for Justice and Constitutional Development
(a) South African Judicial Education Institute Bill [B 4 – 2007] (National Assembly – proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 29625 of 9 February 2007.]
Introduction and referral to the Portfolio Committee on Justice and Constitutional Development 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
-
The Minister for Justice and Constitutional Development
a) Progress report on the inquiry into allegations of misconduct regarding Mr K Suliman from Durban, in terms of section 13(3)(f) of the Magistrates’ Act, 1993 (Act No 90 of 1993).
b) Progress report on the inquiry into allegations of misconduct regarding Mr M K Chauke from Pretoria, in terms of section 13(3)(f) of the Magistrates’ Act, 1993 (Act No 90 of 1993).
c) Progress report on the inquiry into allegations of misconduct regarding Mr M S Makamu from Benoni, in terms of section 13(3)(f) of the Magistrates’ Act, 1993 (Act No 90 of 1993).
d) Progress report on the inquiry into allegations of misconduct regarding Mr M F Mathe from Johannesburg, in terms of section 13(3)(f) of the Magistrates’ Act, 1993 (Act No 90 of 1993).
-
The Minister of Education
a) Medium Term Strategic Plan for 2006-2010 and the Revised Operational Plan of the Department of Education for 2006-2007.
-
The Minister of Home Affairs
a) Report and Financial Statements of the Film and Publication Board for 2005-2006, including the Report of the Auditor-General on the Financial Statements for 2005-2006.
National Council of Provinces
- The Chairperson
(a) Report on the Taking Parliament to the People Programme: Free State: 6-10 November 2006.
CREDA PLEASE INSERT - Insert T070223E-insert 1 - PAGES – 178-226
MONDAY, 26 FEBRUARY 2007
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Classification of Bill by Joint Tagging Mechanism
(1) The Joint Tagging Mechanism, on 26 February 2007 in terms of
Joint Rule 160(6)(b), classified the following Bill as a section
76 Bill:
(a) Division of Revenue Bill [B 3 – 2007] (National Assembly –
sec 76).
COMMITTEE REPORTS
National Assembly and National Council of Provinces
-
Report of the Joint Standing Committee on Defence on Employment of SANDF to Burundi, dated 23 February 2007:
The Joint Standing Committee on Defence, having considered the letter from the President on the employment of the South African National Defence Force (SANDF) to Burundi, referred to the Committee, reports that it has concluded its deliberations thereon.
-
Report of the Joint Standing Committee on Defence on Employment of SANDF to the Democratic Republic of Congo, dated 23 February 2007:
The Joint Standing Committee on Defence, having considered the letter from the President on the employment of the South African National Defence Force (SANDF) to the Democratic Republic of Congo, referred to the Committee, reports that it has concluded its deliberations thereon.
TUESDAY, 27 FEBRUARY 2007
ANNOUNCEMENTS
National Council of Provinces
The Chairperson
- Referrals to Committees of papers tabled
(1) The following paper is referred to the Select Committee on
Social Services:
(a) Report of the Auditor-General on the Findings identified
during an Investigation into Alleged Misappropriation of Funds
at the National Development Agency [RP 262-2006].
(2) The following papers are referred to the Select Committee on
Education and Recreation:
(a) Government Notice No 1491 published in the Government
Gazette No 29317 dated 23 October 2006: Call for comment on
the Draft National Policy Framework for Teacher Education and
Development in South Africa, made in terms of section 3(4)(f)
of the National Education Policy Act, 1996 (Act No 27 of
1996).
(b) Government Notice No R 1052 published in the Government
Gazette No 29311 dated 18 October 2006: Regulations relating
to the exemption of parents from payment of school fees in
Public Schools, made in terms of sections 39(4) and 61 of the
South African Schools Act, 1996 (Act No 84 of 1996).
(c) Government Notice No 1205 published in the Government
Gazette No 29438 dated 1 December 2006: Publication of List of
No Fees Schools per province – Declaring No Fee Schools in
2007 for all nine provinces, made in terms of section 39(10)
of the South African Schools Act, 1996 (Act No 84 of 1996).
(3) The following papers are referred to the Select Committee on
Public Services:
(a) Agreement between the Government of the Republic of South
Africa and the Government of the Argentine Republic for the Co-
ordination of heir Maritime and Aeronautical Search and Rescue
Services, tabled in terms of section 231(3) of the
Constitution, 1996.
(b) Explanatory Memorandum to the Agreement between the
Government of the Republic of South Africa and the Government
of the Argentine Republic for the Co-ordination of heir
Maritime and Aeronautical Search and Rescue Services.
(4) The following papers are referred to the Select Committee on
Economic and Foreign Affairs for consideration and report:
(a) Convention on the Physical Protection of Nuclear Material,
tabled in terms of section 231(2) of the Constitution, 1996.
(b) Explanatory Memorandum to the Convention on the Physical
Protection of Nuclear Material.
(5) The following papers are referred to the Select Committee on
Land and Environmental Affairs:
(a) Government Notice No 1197 published in the Government
Gazette No 29426 dated 28 November 2006: Prohibition of the
making of fires in the open air in the districts of
Clanwilliam, Piketberg, Ceres, Tulbagh, Worcester, Caledon,
Paarl, Stellenbosch, Strand and Somerset West, made in terms
of section 25(1) of the Forest Act, 1984 (Act No 122 of 1984).
(b) Government Notice No 1198 published in the Government
Gazette No 29426 dated 28 November 2006: Prohibition of the
making of fires in the open air in the districts of Caledon,
Worcester, Robertson and Swellendam. (The Riviersonderend
Mountain Range), made in terms of section 25(1) of the Forest
Act, 1984 (Act No 122 of 1984).
(c) Government Notice No 1199 published in the Government
Gazette No 29426 dated 28 November 2006: Prohibition of the
making of fires in the Western Cape, made in terms of section
25(1) of the Forest Act, 1984 (Act No 122 of 1984).
(d) Government Notice No 1200 published in the Government
Gazette No 29426 dated 28 November 2006: Prohibition of the
making of fires in the open air in the districts of
Swellendam, Montagu, Worcester and Robertson (The Western
Langeberg Mountain range), made in terms of section 25(1) of
the Forest Act, 1984 (Act No 122 of 1984).
(e) Government Notice No 991 published in the Government
Gazette No 29277 dated 13 October 2006: Establishment of the
eDikeni Water User Association in the Magisterial District of
Victoria East, Province of the Eastern Cape, Water Management
Number 12, made in terms of section 92(1) of the National
Water Act, 1998 (Act No 36 of 1998).
(f) Government Notice No 998 published in the Government
Gazette No 29277 dated 13 October 2006: Withdrawal of
restrictions on the use of water for agricultural purposes
from the Bronkhorstspruit River and its tributaries (Tertiary
Catchments 820A, 820B, 820C, and 820D and the withdrawal of
restrictions on the use of water for urban and industrial
purpose from Bronkhorstspruit Dam and Village Dam[Premier Mine
Dam]), made in terms of section 63 read with section 72 of the
National Water Act, 1998 (Act No 36 of 1998).
(g) Government Notice No 999 published in the Government
Gazette No 29277 dated 13 October 2006: Withdrawal of
restrictions on the use of water for agricultural purposes in
the Inkomati Water Management Area, made in terms of section
63 read with section 72 of the National Water Act, 1998 (Act
No 36 of 1998).
(h) Government Notice No 857 published in the Government
Gazette No 29154 dated 1 September 2006: Transformation of the
Keurbos River Irrigation Board in the Magisterial District of
George, Western Cape Province into Maalgate Water User
Association, Water Management Area Number 16, Western Cape
Province, made in terms of section 98(6) of the National Water
Act, 1998 (Act No 36 of 1998).
(i) Government Notice No 897 published in the Government
Gazette No 29062 dated 8 September 2006: Notice of List of
Protected Tree Species, made in terms of 12(1)(d) of the
National Forests Act, 1998 (Act No 84 of 1998).
(j) Government Notice No 900 published in the Government
Gazette No 29205 dated 15 September 2006: Establishment of the
Thukela Catchment Management Agency (Water Management Area
Number 7) in the Province of KwaZulu-Natal, made in terms of
section 78(1) of the National Water Act, 1998 (Act No 36 of
1998).
(6) The following paper is referred to the Select Committee on
Security and Constitutional Affairs and the Joint Standing
Committee on Defence:
(a) The Acting President of the Republic submitted a letter
dated 20 December 2006 to the Chairperson of the National
Council of Provinces informing Members of the Council of the
employment of the South African National Defence Force in
Burundi.
(7) The following papers are referred to the Select Committee on
Finance for consideration and report:
(a) Protocol on Finance and Investment of the Southern African
Development Community, tabled in terms of section 231(2) of
the Constitution, 1996.
(b) Explanatory Memorandum to the Protocol on Finance and
Investment of the Southern African Development Community.
(8) The following papers are referred to the Select Committee on
Finance for consideration and report:
(a) Report and Financial Statements of the Financial Services
Board on the Registrar of Collective Investment Schemes for
the year ended 31 December 2005 [RP 94-2006].
(b) Annual Financial Statements of the Corporation for Public
Deposits for 2005-2006, including the Report of the
Independent Auditors on the Financial Statements for 2005-
2006.
(c) Report and Financial Statements of the Public Accountants’
and Auditors’ Board for the 15 month period ending 31 March
2006, including the Report of the Independent Auditors on the
Financial Statements for the 15 month period ending 31 March
2006.
(9) The following papers are referred to the Select Committee on
Finance for consideration:
(a) Draft Regulations issued under Section 91A of the Income
Tax Act, 1962 (Act No 58 of 1962), prescribing the
circumstances under which the Commissioner may write off or
comprise any amount of Tax, Duty, Levy, Charge, Interest,
Penalty or other amount.
(b) General Notice No 59 published in Government Gazette No
29556 dated 24 January 2007: Draft Regulations issued under
section 13, tabled in terms of section 13(3) of the Small
Business Tax Amnesty and Amendment of Taxation Laws Act, 2006
(Act No 6 of 2006).
(10) The following papers are referred to the Select Committee on
Security and Constitutional Affairs for consideration and report:
(a) Report and Financial Statements of the Criminal Assets
Recovery Account for 1999-2005, including the Report of the
Auditor-General on the Financial Statements for 1999-2005 [RP
249-2006].
(b) Report and Financial Statements of the Criminal Assets
Recovery Account for 2005-2006, including the Report of the
Auditor-General on the Financial Statements for 2005-2006 [RP
248-2006].
(c) Report of the Master of the High Court of South Africa on
Moneys in Trust kept in the Guardian’s Fund for 2002-2003,
including the Report of the Auditor-General on the Summary of
Statements of Moneys in Trust kept in the Guardian’s Fund for
2002-2003.
(d) Report of Monies in Trust for 2003-2004, including the
Report of the Auditor-General issued in the absence of
Financial Statements for the Monies in Trust for 2003-2004.
(e) Report on Monies in Trust kept in the Guardian’s Fund for
2003-2004, including the Report of the Auditor-General on the
Summary of Statements of Monies in Trust kept in the
Guardian’s Fund for 2003-2004.
(f) Report and Financial Statements of Monies in Trust for
2002-2003, including the Report of the Auditor-General issued
in the absence of Financial Statements for the Monies in Trust
for 2002-2003.
(g) Report and Financial Statements of the Guardian’s Fund for
2005-2006 including the Report of the Auditor-General on the
Financial Statements for 2005-2006 [RP 263-2006].
(h) Report and Financial Statements of Monies in Trust for
2004-2005, including the Report of the Auditor-General issued
in the absence of Financial Statements for the Monies in Trust
for 2004-2005 [RP 255-2006].
(11) The following papers are referred to the Select Committee on
Economic and Foreign Affairs for consideration and report:
(a) Report and Financial Statements of the Support Programme
for Industrial Innovation (SPII) for 2005-2006, including the
Reports of the Independent Auditors on the Financial
Statements for 2005-2006.
(b) Annual Report of The Office of the Consumer Protection for
2005-2006.
(12) The following paper is referred to the Select Committee on
Education and Recreation for consideration and report:
(a) Report and Financial Statements of the Pan South African
Language Board (PANSALB) 2005-2006, including the Report of
the Auditor-General on the Financial Statements for 2005-2006
[RP 264-2006].
(13) The following papers are referred to the Select Committee on
Security and Constitutional Affairs for consideration:
(a) Proclamation No R49 published in Government Gazette No
29456 dated 7 December 2006: Amendment of Proclamation, in
terms of the Special Investigating Units and Special Tribunals
Act, 1996 (Act No 74 of 1996).
(b) Proclamation No R50 published in Government Gazette No
29456 dated 7 December 2006: Referral of matter to existing
Special Investigating Unit and Special Tribunal, in terms of
the Special Investigating Units and Special Tribunals Act,
1996 (Act No 74 of 1996).
(c) Government Notice No R990 published in Government Gazette
No 29278 dated 13 October 2006: Regulations regarding the
Promotion of Access to Information, made in terms of the
Promotion of Access to Information Act, 1996 (Act No 2 of
2000).
(14) The following papers are referred to the Select Committee on
Land and Environmental Affairs for consideration and report:
(a) Report and Financial Statements of Bloem Water for the
year ended 2006, including the Report of the Independent
Auditors on the Financial Statements for the year ended June
2006.
(b) Report and Financial Statements of Botshelo Water for the
year ended 2006, including the Report of the Independent
Auditors on the Financial Statements for the year ended June
2006.
(c) Report and Financial Statements of Lepelle Northern Water
for the year ended 2006, including the Report of the
Independent Auditors on the Financial Statements for the year
ended June 2006.
(d) Report and Financial Statements of Overberg Water for the
year ended 2006, including the Report of the Independent
Auditors on the Financial Statements for the year ended June
2006.
TABLINGS
National Assembly and National Council of Provinces
- The Minister for Agriculture and Land Affairs
(a) Strategic Plan of the Ingonyama Trust Board for 2007-2008.