National Assembly - 17 January 2008

THURSDAY, 17 JANUARY 2008 __

                PROCEEDINGS OF THE NATIONAL ASSEMBLY
                                ____

The House met at 15:03.

The Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

                             NEW MEMBER

                           (Announcement)

The Speaker announced that the vacancy that had occurred due to the resignation of Mr D H M Gibson from the National Assembly had been filled by the nomination, with effect from 15 January 2008 of Dr D T George.

                                OATH

Dr D T George, accompanied by Mr W P Doman and Mrs S V Kalyan, made and subscribed the oath, and took his seat. NOTICES OF MOTION

Mrs C DUDLEY: Madam Speaker, on behalf of the ACDP, I give notice that I shall move:

That the House debates the price of bread, the negative impact of this price on society and the need for an urgent intervention. Thank you.

Adv H C SCHMIDT: Madam Speaker, I hereby give notice that I intend moving on behalf of the DA:

That the House debates the following –

(1) the emerging crisis regarding the national supply of electricity and its impact on the economic sector; and

(2) the negative humanitarian consequences and adverse impact on investor confidence, including the steps government and Eskom are taking and ought to take to prevent this emerging crisis.

Ms A M DREYER: Madam Speaker, I hereby give notice that I intend moving:

That the House debates the merits of the Minister of Labour, Membathisi Mdladlana’s proposed changes to the Sector Education and Training Authorities, or Setas, and possible alternatives to this current system.

[Applause.]

INTERNATIONAL AWARD TO SOUTH AFRICA’S CONSERVATION PIONEER, DR IAN PLAYER

                         (Draft Resolution)

The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, I move without notice:

That the House –

(1) notes that South African wildlife conservationist Dr Ian Player received the Peter H Capstick Award from the Dallas Safari Club and Ecological Foundation in the United States on Saturday, 12 January 2008;

(2) further notes that he joins the ranks of previous recipients that include former US President Theodore Roosevelt;

(3) recognises that he founded the Dusi Canoe Marathon which starts today, 17 January 2008, and that he won it three times;

(4) acknowledges the vital role he has played in influencing and educating young conservationists, especially through the Wilderness Leadership School which he founded in 1957;

(5) further recognises that the Peter H Capstick Award joins the many awards he has received in the past, which include the Knight of the Order of the Golden Ark and the Decoration for Meritorious Service; and

(6) congratulates him on this great honour that has been bestowed on him and on the contribution he has made to Africa and its conservation.

Agreed to.

             ANC’S 52ND NATIONAL CONFERENCE IN POLOKWANE

                         (Draft Resolution)

The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice: That the House –

 1) notes –


      a) that from 16 to 20 December 2007, the African National
         Congress held its 52nd National Conference in Polokwane,
         Limpopo; and


      b) that the conference adopted various policies to inform its
         work during the next five years and beyond;

 2) recalls that the Conference reaffirmed the ANC’s commitment to the
    creation of a truly democratic, nonracial, nonsexist and prosperous
    South Africa;

[Laughter.] [Interjections.] It is a good thing that you laugh about “nonracial”.

(3) congratulates the ANC and its newly elected leadership on holding a successful conference; and

(4) wishes the new leadership success in their important work.

Thank you. [Applause.] Mr M J ELLIS: Madam Speaker, on a point of order: It is convention for these things to be circulated to parties beforehand. We as the DA are being asked to vote on something that is very strictly an ANC matter. I do wonder whether this is in fact exactly what the ANC intended us to do. It has not been circulated. We have not got it, and consequently we are a little bit stumped as to what we should do in this case.

The SPEAKER: Hon Chief Whip, I do request that the Whips continue to make it easy for the House to proceed with matters such as notices without motion.

However, having heard the content, do you have any objection, hon Ellis? [Interjections.] Well I see the head of the Chief Whip of the Opposition indicating there is no objection, and I take it there is no objection.

Mr M J ELLIS: That is it! [Applause.]

Agreed to.

                   BEST WISHES TO MEMBERS FOR 2008

                         (Draft Resolution)

Mrs S A SEATON: Madam Speaker, may I just, on behalf of the IFP, wish all members of this House a happy and prosperous 2008. Thank you. [Applause.]

Agreed to.

                         ELECTIONS IN KENYA

                         (Draft Resolution)

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

That the House –

(1) notes that on Thursday, 27 December 2007, the people of Kenya went to the polls to elect a new president;

(2) further notes that the international observers who were there commended the manner in which the Kenyan people conducted themselves during the process of voting;

(3) recalls that the outcome of the election was disputed, resulting in violence breaking out. The violence is reported to have claimed more than 700 lives, destroyed property and displaced tens of thousands of people; (4) encourages all parties in Kenya to seek a peaceful resolution to the challenges their country faces; and

(5) conveys its condolences to Kenya for the lives that have been lost.

The SPEAKER: Are there any objections?

The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, on a point of order: We did not receive a copy of this. There is an objection, particularly to the first part. I suggest you hold it over to the following meeting. Thank you.

The SPEAKER: Okay, hon members. We shall hold that in abeyance until such time as there has been proper consultation.

                         NEW SPRINGBOK COACH

                         (Draft Resolution)

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

That the House –

 1) notes that on Wednesday, 9 January 2008, Peter de Villiers became
    the new coach of our national rugby team, the Springboks, taking
    over from Jake White;


 2) further notes that Peter de Villiers has coached a number of teams
    before, including amongst others the Emerging Springboks, who won
    the IRB tournament in Romania, and the South Africa U21 team, who
    won the World Championship in 2005 and were the losing finalists in
    2006;

(3) expresses its appreciation to the SA Rugby Board on the mature and visionary leadership they have displayed in crossing the racial prejudice divide; and

(4) congratulates Peter de Villiers on his appointment as the first black person ever to coach the Springbok Rugby team in our country.

[Applause.]

Agreed to.

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

That the House – 1) notes that on Thursday, 27 December 2007, Ms Benazir Bhutto and other Pakistani nationals were assassinated in Rawalpindi, Pakistan;

 2) humbly urges the people and political parties in Pakistan to remain
    calm during this very turbulent and trying period in their history
    and to remain committed to the political processes towards
    elections;


 3) further urges the authorities in that country to leave no stone
    unturned to ensure that the perpetrators of this heinous crime face
    the full might of the law; and


 4) conveys its condolences to the people of Pakistan and the Bhutto
    family on the lives that have been lost as a result of the political
    instability.

Agreed to.

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

That the House –

(1) notes that –

    (a) on Thursday, 3 January 2008, Mr Mlungisi Sisulu, the son of the
        former Chief Whip of the Majority Party Max Sisulu, passed on
        in London, England, while on a visit to that country; and

    (b) at the time of his death, Mr Sisulu was a South African diplomat
        based in Khartoum, Sudan, where he was the First Secretary;

(2) remembers that Mr Sisulu served the Department of Foreign Affairs and indeed the country with diligence, professionalism, loyalty and dedication; and

(3) conveys its condolences to his family, loved ones and the African National Congress.

Thank you.

Agreed to.

The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, on a point of order: I certainly don’t object to that motion. But, may I just emphasise your point. I have spoken to the Chief Whip of the IFP and indeed I can speak for the DA that we have not received any copy of those motions that are without notice. Please, can we in future make sure that those are circularised appropriately! The SPEAKER: Hon Chief Whip, can we please just make sure that we sort this one out. I don’t think we need a debate on the matter.

The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, our apologies to any party which might not have received the motions. The information that we have is that they were circulated. If they weren’t, we will look into the matter. We apologise if this didn’t happen.

The SPEAKER: Apology accepted. I am quite sure hon … [Interjections.]

Mr J H VAN DER MERWE: Madam Speaker, the Deputy Chief Whip has also sent us motions without notice in the past. I just wonder whether the fact that he didn’t do it now has anything to do with the fact that he now wears a beard. [Laughter.]

The SPEAKER: I doubt that.

Is there any other motion without notice?

I must say, for a split second I didn’t recognise him. [Laughter.]

          CHOICE ON TERMINATION OF PREGNANCY AMENDMENT BILL
              (Decision of Question on Second Reading)

Question put: That the Bill be read a second time.

The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, ours is just a small technical point, and that is that declarations of vote have been asked for but no one has ever asked us yet to vote. So, shouldn’t we first hear if there are objections?

The SPEAKER: Indeed, you are correct. I’d like those political parties that might want to make declarations of vote to make up their minds so that we deal with that quickly when we start.

Declarations of vote:

Mrs C DUDLEY: Madam Speaker, the ACDP opposes this Bill in the strongest possible terms and implores members of this House to make a stand and do the same. Do not let the blood of more innocent babies be on your hands.

In view on the tremendous public concern and in response to submissions made in the public hearings, the ACDP proposed eight amendments.

These amendments were aimed at not only protecting the women and children who may consider termination, but also providing protection for health care workers and professionals who choose not to participate in termination of pregnancy due to religious, ethical or moral beliefs. Court cases, where medical personnel have been discriminated against because of their convictions, are ongoing.

The ACDP amendments provide for mandatory counselling to ensure mothers are well informed about the risks of abortion and the alternatives available. Many women are suffering the consequences of abortions as they did not have enough information to make an informed choice. Physical, emotional and psychological risks must be weighed against the benefits.

The ACDP believes that by ignoring calls for explicit and mandatory counselling, legislators are setting themselves up to be sued in the future for suppressing information and the findings of medical research. Those, for whom we are seeking protection, could, in time, be asking for justice and compensation just as tobacco companies and mines have had to pay for the consequences of their neglect in failing to fully inform smokers and users of short-fibre asbestos.

The portfolio committee has sadly once again ignored input and proceeded unabated on a mission to steamroll the Choice of Termination of Pregnancy Amendment Bill through Parliament.

In addressing these issues, the ACDP does not waver in our conviction that the value of human life is priceless and that human life must be respected and protected absolutely from the moment of conception.

Debate on the controversial issues around the Choice of Termination of Pregnancy Act is generally suppressed. Presumably, government is aware that Members of Parliament may be persuaded to have the courage of their convictions and stand against legislation facilitating and expanding abortion on demand.

The great anti-slavery campaigner, William Wilberforce, understood that while people may ignore the truth, they still recognize it. So, he looked for ways to remind people of what they already knew in their hearts.

Independent polls show the 1996 abortion law to be South Africa’s most unpopular law and that nine out of ten South Africans believe that abortion is morally wrong. The vast majority of nurses and doctors oppose it and worldwide medical advances are giving more mothers reason to consider options other than abortion for their babies.

It is just a question of time before overwhelming public sentiment, opposing abortion, is expressed at the ballot box. Thank you.

Mr M WATERS: Thank you, Chairperson. The DA has twice stated its stance on the amendment to the Choice on the Termination of Pregnancy Bill - late last year and two years prior to that. We do have a free vote in the DA and we therefore will be calling for a division later on, Madam Speaker.

We have two points of concern which we have raised in the past. The first is that of nonmandatory counselling. We believe that counselling should be made mandatory, particularly for girls who go for abortions as they are unaware of the consequences of termination of pregnancy. Also, post- counselling is important in order for family planning to prevent repeat abortions taking place.

Our second concern is that of conscientious objection by medical staff. We believe that doctors, mid-wives and nurses have the right to exercise their conscience similar to that of the Civil Unions Bill, where marriage officers have the right to refuse people like myself from getting married. We believe they have a right to object and we believe that it should be written into the law.

Having said that, Madam Speaker, we have, on two previous occasions, stated our concerns with the Bill. Thank you very much. [Applause.]

Mr L M GREEN: Madam Speaker, the FD is in principle a strong defender of pro-life policies and will not support any legislation that promotes abortion on demand. Since 1997, when abortion became legal in this country, more than 500 000 women have terminated their pregnancies.

Is it not a contradiction that our law does not allow 16 year old teenagers to kiss in public but it allows a 12 year old pregnant girl to have an abortion without the knowledge or the permission of her parents?

One of the alleged apparent successes of the legalisation of abortion is a study done by the MRC on mortality among women during 1998-2001, which indicates that there was a reduction of up to 98% in deaths from unsafe abortions.

However, one of the primary failures, to date, with the abortion laws is the continued increase in the rate of abortions, especially amongst our youth. If legislation is aimed mainly at reducing the rate of mortality linked to unsafe abortions without helping to lower the demand for abortions, then our women still do not have a free enough choice to govern their own bodies.

The Bill aims to establish facilities that are better-equipped and safe for women requesting abortions. However, when the enactment of legislation only partially addresses the perceived problem, then a review is desperately needed.

The FD is of the opinion that to provide more and more facilities or even to enforce licensing upon health professionals to perform abortions whilst there is no downward trend in the demand for abortions not only impacts on the state’s governance capacity but also limits our society’s ability to advance in being truly free to respect life and human dignity.

During the public hearings and the debates in the portfolio committee, there was a suggestion that a clause be inserted allowing conscientious objection. The FD echoes the right to such recourse, which, besides strengthening the democratic values upon which our society is built, also adds respect among health professionals for one another’s moral principles.

Given the absence of such measures, as well as the inability of the health system to reduce the rate of abortions over the years, the FD is unable to see how the current legislation will make a difference in our society, and cannot support this amending Bill. I thank you.

Dr C P MULDER: Madam Speaker, this matter was before the House at the end of our session last year, and the only reason that we are dealing with it again today is because the ruling party couldn’t muster sufficient votes during that process. We all remember that. It seems that the new leadership elected in the party has had a very positive effect, if I look at the discipline that we see today with all the members who are present and ready to vote. [Interjections.] We take note of that positive change, which is what it seems to be.

Mevrou die Speaker, die feit van die saak is dat hierdie wetgewing reeds voor die Parlement was. Dit handel oor aborsie en die implikasies daarvan. Dit is omstrede wetgewing, want die feit van die saak is ’n 18-jarige meisie mag nie alkohol koop nie; sy mag nie ingaan in ’n restaurant waar ’n rookgedeelte is nie, maar ’n kind van 12 kan ’n besluit neem oor aborsie sonder om haar ouers te ken daarin. Ons weet wat die implikasies en die gevolge is op haar lewe later met so ’n tipe besluit. Dit is ingrypend en ons besef dit.

Die feit van die saak is hierdie wetgewing word deurgeforseer. Dit word op ons afgeforseer tot ’n groot mate, en ek het in die vorige debat reeds gesê dit is nodig dat ons ’n debat sal voer oor die werklike redes waarom die vrouens in die ANC so ongelooflik sterk voel oor hierdie saak. Daar is ander redes hoekom hulle so voel as wat voor die hand liggend is. Die effek van hierdie wetgewing is dat dit makliker gemaak word om aborsies deur te voer. Dit word gedensentraliseer na provinsiale vlak toe, asook ander probleme daarmee.

Die VF Plus, in beginsel, kan nie daarmee gaan nie. Ons sal teen die wetgewing stem. Geluk aan die ANC – ons hoop ons kan meer sien van die nuwe dissipline wat nou geld in die party. Baie dankie. (Translation of Afrikaans paragraphs follows.)

[Madam Speaker, the fact of the matter is that this legislation has already been tabled in Parliament. It deals with abortion and its implications. It is controversial legislation, because the fact of the matter is that an 18- year old girl is not allowed to buy alcohol; she is not allowed into the smoking section of a restaurant, but a child of 12 is allowed to make a decision about abortion without consulting her parents. We know what the implications and consequences of such a decision are for her later on in her life. It is far-reaching and we realise that.

The fact of the matter is that this legislation is being forced through. It is being forced on us to a great extent, and I already said in the previous debate that we need to have a debate about the actual reasons why the ANC women, in fact, feel so strongly about this matter. There are other reasons, not very obvious ones, why they feel that way. The effect of this legislation is that it makes it easier to perform abortions. It is being decentralised to provincial level, which results in other problems as well.

In principle, the FF Plus cannot go along with this. We will vote against the legislation. Congratulations to the ANC – we hope that we will see more of the new discipline that is in force in the party. Thank you very much.]

Ms M M MDLALOSE: Thank you, Madam Speaker.

Ngakithi uma amakhosikazi egiya aye esho isaga esithi “amatshitshi aphelile” bese engeza ngokuthi “wadla qembu elibusayo”.Kusho ukuthi ake sibhekisise-ke ngokusebenza kwalo Mthetho. Khona lapho ungenelisi khona. Nathi siyiqembu le-Nadeco asihambisani nalo Mthetho. (Translation of isiZulu paragraph follows.)

[In my area, when women perform a traditional dance, they sometimes shout: “There are no more virgins” and then add “There you go, oh ruling party”. This means that we have to look at the impact of this Act. There is something about it that is not satisfactory. As Nadeco, we also do not support this Act.] Madam Speaker, the Bill before this House empowers the MEC for health of a province to approve the facilities where terminations of pregnancy may take place in that province. This process needs to be applied stringently and be streamlined.

Recent media reports, in addition, state that a number of young women below the age of 18 are flocking to health facilities to exercise their right to terminate pregnancies. These young women face the danger of being preyed upon by illegal surgeries. It is these young women who are often desperate and vulnerable. That is what we should be keeping in mind as we deliberate upon this Bill. Thank you.

Mr L V J NGCULU: Madam Speaker, I think it is sad that when we attempted to vote on this Bill last time, the opposition sabotaged the voting. [Interjections.] You may howl.

One of the things we said last time we were debating this Bill is that this Bill, principally, is about the rights of women. One of the things that gratifies me as I stand here today is that as soon as we have voted on this Bill – as we are going to do – there are many reproductive alliance groups that are going to call a press conference, hailing the ANC for this decision. This is one thing that strengthens us, because all of us – those who stand for the rights of women, those who agree that women must be given the choice to decide about their reproductive rights - will actually be happy that indeed today that opportunity is going to be given.

When the ACDP, led by the hon Cheryllyn Dudley, raised this particular question on counselling, she actually spoon-fed those she wanted to talk to about counselling. Yet, in the Bill, counselling is there but it states that it must be nondirective and nonmandatory so that, again, the central piece of the Bill on choice is actually the determinant. You must not actually put your own subjective interests forward in the determination of this particular issue.

On the question of conscientious objection, we must always move from the premise that those who practise - medical professionals, midwives and nurses – enter the profession by their own choice. No-one is compelled to be a doctor; no-one is compelled to be a nurse; no-one is compelled to be a midwife. [Applause.] How then, when you determine your own profession, do you think there must be a conscientious objection? It is disingenuous and manipulative for the opposition to put forward this particular view.

Again, I want to say that it gratifies me as a member of the ANC and I am sure many members of the ANC and, going broader, those who support the emancipation of women and a nonsexist South Africa that, as we go out after voting, the reproductive rights alliance is going to go outside and congratulate the ANC on the decision that would take South Africa towards saving many women who would have died in backstreet abortions. That is what gratifies me. [Applause.] We shall be voting for this Bill. Thank you very much. [Applause.]

The SPEAKER: I was told that a division would be demanded. Is that true?

Mr M J ELLIS: Madam Speaker, yes, we do call for a division on behalf of those members who would like to vote against this piece of legislation.

Division demanded.

The SPEAKER: Hon members, would you all please take your seats. I would like to remind members that they may only vote from their allocated seats. I also wish to remind members that in terms of Rule 89 every member present in the Chamber when the question is put with the doors locked shall vote. When requested to do so members must simply indicate their vote by pressing the appropriate button. If a member inadvertently presses the wrong button, the member may thereafter press the correct button. The last button pressed will be recorded as the member’s vote when the voting session is closed by the Chair.

The question before the House is that the Choice on Termination of Pregnancy Amendment Bill be read a second time. Voting will now commence. Those in favour of the Bill being read a second time should press the “yes” button, those against should press the “no” button. Those wishing to abstain must press the “abstain” button.

The House divided:

AYES - 266: Ainslie, A R; Anthony, T G; Arendse, J D; Asmal, A K; Balfour, B M N; Baloyi, M R; Bapela, K O; Beukman, F; Bhoola, R B; Bloem, D V; Bogopane-Zulu, H I; Bonhomme, T J; Booi, M S; Botha, N G W; Burgess, C V; Cachalia, I M; Cele, M A; Chalmers, J; Chohan, F I; Coetzee, R; Combrinck, J J; Cronin, J P; Cwele, S C; Dambuza, B N; Daniels, P; Davies, R H; De Lange, J H; Diale, L N; Didiza, A T; Dikgacwi, M M; Dithebe, S L; Dlali, D M; Dlamini-Zuma, N C; Doidge, G Q M; Du Toit, D C ; Fazzie, M H; Fihla, N B; Fraser-Moleketi, G J; Frolick, C T; Fubbs, J L; Gabanakgosi, P S; Gcwabaza, N E ; George, M E; Gerber, P A; Gigaba, K M N; Godi, N T; Gogotya, N J; Gololo, C L; Gore, V C; Greyling, C H F; Gumede, D M; Gumede, M M; Gxowa, N B; Hajaig, F; Hanekom, D A ; Hangana, N E; Hendricks, L B; Hendrickse, P A C; Hlangwana, N; Hogan, B A; Holomisa, S P; Jacobus, L; Jeffery, J H; Johnson, C B; Johnson, M; Jordan, Z P; Kalako, M U; Kasienyane, O R; Kasrils, R; Kekana, C D; Khauoe, M K; Khoarai, L P; Kholwane, S E; Khumalo, K K; Khumalo, K M; Khunou, N P; Kohler-Barnard, D; Komphela, B M; Kondlo, N C; Koornhof, G W; Kota, Z A; Kotwal, Z; Labuschagne, L B; Landers, L T; Lekgetho, G; Lekota, M G P; Lishivha, T E; Louw, J T; Louw, S K; Lowe, C M; Ludwabe, C I; Mabandla, B S; Mabena, D C; Mabudafhasi, T R; Madella, A F; Madumise, M M; Magau, K R; Magubane, N E ; Mahlaba, T L; Mahlangu-Nkabinde, G L; Mahlawe, N M; Mahote, S; Maine, M S; Maja, S J; Makasi, X C; Makgate, M W; Malahlela, M J; Maloney, L; Maluleka, H P; Maluleke, D K; Manana, M N S; Manuel, T A; Mapisa-Nqakula, N N; Martins, B A D; Masango, S J; Maserumule, F T; Mashangoane, P R; Mashiane, L M; Mashigo, R J; Mashile, B L; Masutha, T M; Mathibela, N F; Matlala, M H; Matsemela, M L; Matsepe- Casaburri, I F; Matsomela, M J J ; Maunye, M M; Mayatula, S M; Mbili, M E; Mbombo, N D; Mdaka, N M; Mdladlana, M M S; Mentor, M P; Meruti, M V; Mgabadeli, H C; Mkhize, Z S; Mkongi, B M; Mlambo-Ngcuka, P G; Mlangeni, A; Mnguni, B A; Mnyandu, B J; Moatshe, M S; Modisenyane, L J; Mogale, O M; Mogase, I D; Mohlaloga, M R; Mokoena, A D; Mokoto, N R; Moleketi, P J ; Monareng, O E; Montsitsi, S D; Moonsamy, K; Morgan, G R; Morkel, C M; Morobi, D M; Morutoa, M R; Morwamoche, K W; Mosala, B G; Moss, L N; Moss, M I; Motubatse-Hounkpatin, S D; Mpahlwa, M B ; Mshudulu, S A; Mthethwa, E N; Mtshali, E; Mzondeki, M J G; Ndlazi, Z A; 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, M L; Ngwenya, W; Nhlengethwa, D G; Njikelana, S J ; Njobe, M A A; Nkuna, C; Nogumla, R Z; Nqakula, C; Ntuli, M M; Ntuli, R S; Ntuli, S B; Nwamitwa-Shilubana, T L P; Nxumalo, M D; Nxumalo, S N ; Nyambi, A J; Nzimande, L P M; Olifant, D A A; Oliphant, G G; Oosthuizen, G C; Padayachie, R L; Pahad, A G H; Pahad, E G; Pandor, G N M; Phadagi, M G; Phungula, J P; Pieterse, R D; Radebe, B A; Radebe, J T; Rajbally, S ; Ramakaba-Lesiea, M M; Ramgobin, M; Ramodibe, D M; Ramotsamai, C P M; Rasmeni, S M; Reid, L R R; Rwexana, S P; Schippers, J; Schneemann, G D; Schoeman, E A; Seadimo, M D; Sefularo, M; Sekgobela, P S; Selau, J G; Semple, J A; September, C C; Shabangu, S; Sibande, M P; Sibanyoni, J B; Sibidla, N N; Siboza, S ; Sikakane, M R; Sithole, D J; Skhosana, W M; Skweyiya, Z S T; Smith, V G; Solo, B M; Solomon, G; Sonjica, B P; Sonto, M R; Sosibo, J E; Sotyu, M M; Stephens, J J M; Steyn, A C; Surty, M E ; Swanson-Jacobs, J; Thabethe, E; Thomson, B; Tinto, B; Tlake, M F; Tobias, T V; Tolo, L J; Tsenoli, S L; Tshabalala-Msimang, M E; Tshivhase, T J; Tshwete, P; Turok, B; Twala, N M; Van den Heever, R P Z; Van der Merwe, S C ; Van Der Walt, D; Van Wyk, A; Vundisa, S S; Wang, Y; Xingwana, L M ; Yengeni, L E; Zita, L; Zulu, B Z.

NOES - 52: Bekker, H J; Blanché, J P I; Boinamo, G G; Botha, C-S; Chang, E S; Cupido, H B ; Davidson, I O; Delport, J T; Ditshetelo, P H K; Doman, W P; Dreyer, A M; Dudley, C; Ellis, M J; Farrow, S B; George, D T; Green, L M; Jenner, I E; Julies, I F; Kganyago, N M; King, R J; Marais, S J F; Mars, I; Meshoe, K R J; Mfundisi, I S; Mulder, C P; Mulder, P W A; Ngema, M V; Opperman , S E; Pheko, S E M; Pule, B E; Rabie, P J; Roopnarain, U; Sayedali-Shah, M R; Schmidt, H C; Seaton, S A; Selfe, J; Seremane, W J; Sibuyana, M W; Simmons, S; Skosana, M B; Smuts, M; Spies, W D; Swart , M; Swart, P S; Swart, S N; Swathe, M M; Van der Merwe, J H; Van Dyk, S M; Van Niekerk, A I; Vos, S C; Waters, M; Zikalala, C N Z.

ABSTAIN - 12: Bici, J; Camerer, S M; De Lille, P; Direko, I W; Greyling, L W; Kalyan, S V; Leon, A J; Madikiza, G T; Mdlalose, M M; Mohamed, I J; Sigcau , S N; Xolo, E T.

The SPEAKER: Have all members voted? Thank you. The voting session is now closed.

Hon members, the results are as follows: There were 12 abstentions, 52 members voted against and 266 members voted “yes”. [Applause.] The Secretary will read the Bill a second time. [Interjections.] [Laughter.]

Question agreed to.

Bill accordingly read a second time.

The SPEAKER: The Bill will be sent to the NCOP for concurrence. Hon members, that concludes the business for the day. The House is adjourned.

The House adjourned at 15:41. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

                      FRIDAY, 23 NOVEMBER 2007

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

  1. Introduction of Bills
 (1)    The Minister of Transport


      a) Cross-Border Road Transport Amendment Bill [B 51 – 2007]
         (National Assembly – proposed sec 75) [Explanatory summary of
         Bill and prior notice of its introduction published in
         Government Gazette No 30485 of 23 November 2007].


     Introduction and referral to the Portfolio Committee on Transport
     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)     The Budget and Strategic Plan of the Auditor-General for 2008-
    2011 [RP 231-2007].
  1. The Minister of Trade and Industry
 a) Report of the South African Council for the Non-Proliferation of
    Weapons of Mass Destruction for July 2006 to June 2007.

National Assembly

  1. The Speaker
(a)     Request from the Minister of Communications for approval by the
    National Assembly of the following candidate recommended for
    appointment to the Independent Communications Authority of South
    Africa in terms of section 7 of the Independent Communications
    Authority of South Africa Amendment Act, 2006 (Act No 3 of 2006).

    Referred to the Portfolio Committee on Communications for
    consideration and report.


                      FRIDAY, 30 NOVEMBER 2007

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

  1. Classification of Bills by Joint Tagging Mechanism (JTM)
(1)    The JTM in terms of Joint Rule 160(6) classified the following
     Bill as a section 75 Bill:

      a) Technology Innovation Agency Bill [B 49 – 2007] (National
         Assembly – sec 75)
  1. Translations of Bills submitted
 (1)    The Minister of Minerals and Energy


      a) uMthetho wokuChibiyela uKulawulwa kukuGesi [Um 20D – 2006]
         (National Assembly – sec 76).


     This is the official translation into isiZulu of the Electricity
     Regulation Amendment Bill [B 20D – 2006] (National Assembly – sec
     76).


 (2)    The Minister for the Public Service and Administration


      a) Staatsdienswysigingswetsontwerp [W 31 – 2006] (National
         Assembly– sec 76).


     This is the official translation into Afrikaans of the Public
     Service Amendment Bill [B 31 – 2006] (National Assembly – sec 76).

 (3)    The Minister of Trade and Industry


      a) Nawumbisi wa ku Cinca Nawu wa Rixaka wa ku Beja [B 31 – 2007]
         (National Assembly – sec 76)
     This is the official translation into Xitsonga of the National
     Gambling Amendment Bill [B 31 – 2007] (National Assembly – sec 76).

 (4)    The Minister of Finance


      a) Umthetho Oyilwayo Wolungelelwaniso Lohlahlo-Mali [B 41 – 2007]
         (National Assembly – sec 77)


     This is the official translation into isiXhosa of the Adjustments
     Appropriation Bill [B 41 – 2007] (National Assembly – sec 77).

TABLINGS

National Assembly and National Council of Provinces

  1. The Speaker and the Chairperson
(a)     Report and Financial Statements of the Independent Electoral
    Commission (IEC) for 2006-2007, including the Report of the Auditor-
    General on the Financial Statements and Performance Information for
    2006-2007 [RP 103-2007].
  1. The Minister of Finance
(a)     General Notice No 1634 published in Government Gazette No 30464
    dated 13 November 2007: Draft Municipal Asset Transfer Regulations:
    Call for comments, in term of the Local Government: Municipal
    Finance Management Act, 1999 (Act No 1 of 1999).




(b)     Government Notice No R.1026 published in Government Gazette No
    30420 dated 26 October 2007: Correction notice: Amendment of
    Schedule No 1 (No 1/1/1346) in terms of the Customs and Excise Act,
    1964 (Act No 91 of 1964).


(c)     Government Notice No R.1071 published in Government Gazette No
    30460 dated 16 November 2007: Amendment of Schedule No 4 (No 4/302)
    in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
  1. The Minister of Water Affairs and Forestry
(a)     Report and Financial Statements of Albany Coast Water for the
    year ended 30 June 2007, including the Report of the Independent
    Auditors on the Financial Statements for the year ended 30 June
    2007.

National Assembly

  1. The Speaker
Please note: The following item amends item 1(a) under the entry
“Tablings – The Speaker”, published on page 2389 of the Announcements,
Tablings and Committee Reports of 23 November 2007:
(a)     Request from the Minister of Communications for approval by the
    National Assembly of the following candidate recommended for
    appointment to the Independent Communications Authority of South
    Africa in terms of section 7 of the Independent Communications
    Authority of South Africa Amendment Act, 2006 (Act No 3 of 2006):


    Ms R Msiza.


Referred to the Portfolio Committee on Communications for consideration
and report.


 b) Letter from the Minister of Education, dated 22 November 2007, to
    the Speaker of the National Assembly, in terms of section 65(2)(a)
    of the Public Finance Management Act, 1999 (Act No 1 of 1999),
    explaining the delay in the tabling of the Annual Reports of the
    South African Council of Educators (SACE) and Umalusi for 2006-
    2007.


    Late Tabling of the Annual Reports of the South African Council of
    Educators (SACE) and Umalusi


    Dear Ms Mbete


    I wish to apologise for not tabling the Annual Reports of SACE and
    Umalusi by 30 September 2007, as required in terms of section 65 of
    the Public Finance Management Act, 1999.


    SACE indicated that there were delays in finalising the audit for
    the 2006/07 financial year. Furthermore, before printing they had
    to present their annual report to their Council for the final
    adoption of the audited financial statements. The Council meeting
    was scheduled for 6 and 7 September 2007. SACE underestimated the
    time it will take to print the annual report. They apologised for
    this oversight.


    In respect of Umalusi, the annual report was submitted to the paper
    store in Parliament on 29 August 2007. The Department was not
    informed that the annual report had been delivered. It was only
    discovered on investigation after the end of September 2007.


    Both these entities have met all the requirements regarding the
    submission and the auditing of the financial statements to the
    Auditor-General. Their annual reports were tabled in Parliament on
    10 October 2007.


    I trust that my sincere apology will be appreciated.


    With my best wishes


    Yours sincerely


    GNM Pandor, MP
    Minister of Education


 c) Letter from the Minister of Arts and Culture, dated 23 November
    2007, to the Speaker of the National Assembly, in terms of section
    65(2)(a) of the Public Finance Management Act, 1999 (Act No 1 of
    1999), explaining the delay in the tabling of the Annual Reports of
    PACOFS, Luthuli Museum and the Nelson Mandela Museum for 2006-2007.


    EXPLANATION FOR THE LATE TABLING OF ARTS, CULTURE AND HERITAGE
    INSTITUTIONS’ ANNUAL REPORTS IN ACCORDANCE WITH SECTION 65(2)(A) OF
    THE PUBLIC FINANCE MANAGEMENT ACT, NO 1 OF 1999: 2006/2007


    Dear Ms Mbete


    In terms of section 65(1)(a) of the above-mentioned Act the annual
    reports and financial statements, and the audit reports on those
    statements, of Arts, Culture and Heritage institutions listed below
    were not tabled by 30 September 2007.


    The following are reasons for the late tabling of reports:


      1. PACOFS


    In April 2007 the PACOFS Board suspended three senior employees
    including the CEO and CFO pending the outcome of a forensic
    investigation.


    These employees were instrumental in producing annual financial
    statements, relevant HR reports and other important documentation
    pertaining to the compilation and approval of the PACOFS annual
    report for 2006/2007.


    PACOFS submitted its annual financial statements late due to the
    above mentioned situation. External auditors appointed by the
    Office of the Auditor-General subsequently commenced the annual
    PACOFS audit on 4 June 2007.


    The Audit and subsequent finalization of the Audit Report is
    therefore behind schedule.


    In the light of the above-mentioned situation PACOFS is not in a
    position to submit the PACOFS annual report for 2006/2007 before 30
    September 2007 for tabling in Parliament.


      2. Luthuli Museum


    Although the submission of the Annual Financial Statements by the
    Museum to the Auditor-General was late (6 June 2007 versus 31 May
    2007) the finalization of the Audit was in this period hampered by
    the protracted exchanges between the Museum personnel and the
    Auditor Generals Office resulting in the financial statements being
    revised numerous times.


    The Museum Director also had to be hospitalized in this period
    following emergency surgery. As a key player in the production of
    the Annual Report this situation has impacted negatively on the
    finalization thereof.


    The Annual Report of the Luthuli Museum is in its final stages of
    completion and will be tabled in the near future.


      3. Nelson Mandela Museum


    In May 2007 the Chief Financial Officer wrote a letter to the
    Department requesting an extension for the submission of the Annual
    Financial Statements to the Auditor General. The Nelson Mandela
    Museum first submitted their Annual Financial Statements to the
    Auditor General on 29 June 2007 and the Auditor general rejected
    the Annual Financial Statements as they were signed by the CEO Mr K
    Mpulwana.


    After a great deal of contact between the CEO, the Auditor and the
    Department, the Auditor General finally accepted the fact that Mr
    Mpulwana was authorized to sign the Annual Financial Statements.
    He signed the statements in his capacity as Accounting Authority as
    the Museum was operating without a council. The council was only
    subsequently appointed.


    The Annual Financial Statements was finally submitted to the
    Auditor General on 16 August 2007 and the Audit is at present in
    progress.


    Yours sincerely
    Z PALLO JORDAN
    MINISTER

COMMITTEE REPORTS

National Assembly

  1. Report of the Portfolio Committee on Housing on the Annual Report and Financial Statements for 2006/2007 of the Department Housing, dated 06 November 2007:

    The Portfolio Committee on Housing, having been briefed by the Department of Housing on its Annual Report and Financial Statements of Vote 28 for 2006-2007, including the Report of the Auditor- General on the Financial Statements of Vote 28 for 2006-2007, referred to it, reports that it will further interact with the department and deliberate on the report.

  2. Report of the Portfolio Committee on Transport on oversight visits to eight host cities and Department of Transport, dated 25 June 2007:

    The Portfolio Committee on Transport (National Assembly), having undertaken oversight visits to the National Department of Transport and eight host cities, reports as follows:

  3. Introduction

    1. In the course of the Parliamentary second term, the Transport Portfolio Committee in the National Assembly has conducted a relatively intensive oversight programme to assess transport preparations for the 2010 FIFA World Cup. The Committee has interacted with the National Department of Transport (DoT), including a full-day interaction with departmental staff in the head office in Pretoria. The Committee has also conducted a series of oversight visits to host cities. At the time of completing this report, eight of the nine host cities (Johannesburg, Polokwane, Nelson Mandela, eThekwini, Rustenburg, Mangaung, Mbombela and Cape Town) had been visited. For the moment, the Committee has been unable to establish a date with the City of Tshwane.

    1.2 Cabinet has identified public transport as the primary legacy that should be derived from our hosting of the World Cup. If the opportunity of hosting the 2010 FIFA World Cup is to be used to provide a sustainable transport legacy, then planning and the assurance of effective funding for public transport systems needs to be more or less completed already, and full- scale implementation needs to be underway in the coming months, if this is not already the case.

    1. The relatively tight time-lines that we are now facing need to be further appreciated in terms of the FIFA requirement that no major infrastructural construction should be underway in the host cities for six months prior to the actual event in June
      1. This means that there are, effectively, just two-and-a- half years in which to complete significant public transport transformation.
    2. In this report the Committee will raise a number of concerns about the current state of progress. In the light of attempts in some quarters, mostly outside of our country, to suggest that South Africa will not be able to host a successful FIFA World Cup, The Committee wishes to state up-front that they have no doubt that the capacity to provide effective transport for the event itself exists within our country and that we will rise to the occasion. The Committees concern relates less to event-oriented transport provision in the narrower sense, and much more specifically to the question of ensuring that an effective and sustainable public transport legacy will be laid down.

    3. In the light of the tight deadlines, the Committee has decided to produce this interim report on its work before the end of the Parliamentary second term. The Committee will focus on some key areas of concern, making recommendations which it believes needs to be addressed by the Executive with a sense of urgency. It will consider compiling a fuller report providing much more specific details once it has completed its round of host city oversight visits and other ongoing oversight work.
 2      Reinforcing dedicated 2010 capacity in the National Department
    of Transport


    2.1 In the budget hearings with the DoT on March 20th, 2007, the
        Committee was informed that the DoT had a staff vacancy rate of
        41%. The Director General assured the Committee that 50% of
        these vacancies “were in the process of being filled”. It is
        possible that some progress has since been made, but that still
        leaves a very high level of vacancy. Whatever the general
        levels of staff shortage, the shortage of senior DoT staff
        working in a relatively dedicated way on 2010 was very evident
        to the Committee. It was also raised as a concern with
        theCommittee by a number of host cities.


    2.2 At present there is only one senior official, a Chief Director,
        who is working full-time on 2010 in the DoT. The official
        reports to an Acting Deputy Director who heads the Department’s
        Programme Four (Integrated Planning and Inter-sphere Co-
        ordination). This programme has four sub-programmes, of which
        2010 co-ordination is one. The Committee was impressed with the
        competence and long work hours put in by both the Chief
        Director and Acting Deputy Director General, but it was clear
        that they were seriously over-stretched. Many other senior
        officials in the DoT are also actively involved with 2010
        matters, and the Committee was impressed with the general
        understanding senior members of the DoT brought to the
        challenges - but they all have many other responsibilities and
        principal points of focus.


    2.3 This situation should be compared to Germany’s World Cup
        preparations where, the committee has been told; the Local
        Organising Committee had a team of 80 full-time transport
        specialists. The committee understands that a similar sized
        team of transport experts is working full-time on London’s 2012
        Olympic preparations.


    2.4 The Committee recommends that the DoT should urgently build up a
        dedicated 2010 transport team. The committee has been told that
        R65m has been allocated to the DoT for capacity-building for
        2010. We further understand that the DoT intends to allocate
        R15 of this sum to strengthen its own needs and turnover of
        R50m will be allocated to host cities.


     5. An important role for such a team should be to support the work
        of the host cities, through:


             • Augmenting city capacity where it is needed, which may
               require some full-time secondment to host cities;


             • Ensuring a more effective flow of national information on
               2010 transport. Several host cities commended the early
               support they had received from the DoT but added that
               “things have gone a bit quiet over the past six months”;


             • Assisting host cities to more effectively access national
               transport entities – for instance, Nelson Mandela Bay
               Municipality is uncertain what ACSA’s plans are for the
               Port Elizabeth airport. This is impacting upon their road
               based transport infrastructure planning in terms of
               connecting the airport to local hotels. eThekwini
               expressed even stronger concerns and uncertainties about
               road access to the planned new King Shaka airport at La
               Mercy; and


             • Ensuring that there is effective coordination between
               provinces and host cities.


   2.6  The committee recommends that much more detailed planning and
        integration with city base plans are essential.

 3. Challenges in host cities

     1. The level of planning and preparedness varies greatly from host
        city to city. In some of the major cities, including City of
        Johannesburg (CoJ), eThekwini Cape Town and Nelson Mandela Bay
        Municipality there are clearly competent transport teams in
        place, most planning is effectively completed and
        implementation of the main 2010 projects and systems is poised
        for roll-out. However, in each of these cities there are
        challenges and frustrations that needs to be addressed some of
        which will be noted below.


     2. Other cities, Polokwane and Rustenburg in particular, appear to
        have made very little progress and there are serious capacity
        and other concerns that will also be noted below.

4. Johannesburg

     1. The Johannesburg 2010 flag-ship public transport project is the
        Rea Vaya Bus Rapid Transit system based on dedicated bus-lanes
        in the media. Phase one of the project, which is scheduled to
        be operational by 2009 in time for the Africa Confederations
        Cup, will involve at least 94 km of dedicated bus-lanes and
        will provide an estimated 413,000 passenger trips per day. The
        first phase runs on several key routes including a major south-
        north line from Lenasia through Soweto to Sunninghill, another
        line begins in Alexandra, and there are lines around and
        through the CBD. The routes take in the two Johannesburg 2010
        stadiums - Soccer City and Ellis Park - as well as some of the
        training stadiums. The capital expenditure will be R2,1bn, and
        the city expects to have secured all funding by January 2008.


     2. Costing less than one-tenth of the Gautrain project, and with a
        first phase that will transport about four times more
        passengers, this is a major project. The CoJ is receiving full
        support for the Rea Vaya project from National Treasury and has
        successfully accessed other financial assistance.


     3. The CoJ has, however, identified several potential risks to the
        Rea Vaya project, including:

            • The slow pace at which Environmental Impact Assessment
              approvals particularly in regard to heritage sites are
              moving;


            • Uncertainty about the provincial Operating Licensing Board
              and the province’s impending conclusion of new bus
              contracts and subsidy policies and whether these will be
              coordinated with Rea Vaya planning;


            • The dangers of competing provincial initiatives on similar
              routes that will undermine the financial sustainability of
              Rea Vaya – the example of the recent Monorail proposal was
              cited.


     4. The CoJ also mentioned capacity challenges. In this regard the
        Committee believes that the CoJ should consider building a full-
        time Rea Vaya team. At present leading officials dealing with
        Rea Vaya are not full-time on this project, they all have other
        transport responsibilities. In particular, the Committee
        believes that, while strong engineering, infrastructural and
        town-planning skills exist within the City, much greater
        attention should be given to the very complex area of
        institutional development, financial models, and BRT
        operational and regulatory features. The CoJ is pioneering one
        of the first integrated public transport systems ever in South
        Africa. It plans to integrate the city-owned Metrobus, the
        privately owned Putco, and the taxi associations currently on
        the routes, into BRT operating consortia. This is a highly
        commendable approach, but it is an extremely complex matter
        which cannot be left to the last few months before the first
        phase becomes operational. Integrated mass-based, public
        transport systems have not been built in South Africa for 40
        years and more, if at all. Experience and skills, particularly
        in regard to public transport financial, institutional,
        business-planning and the operating and regulatory systems are
        not readily available. Experienced international transport
        economists and operational planners may well have to be brought
        in, to work closely with South African counterparts.


     5. The CoJ is of course involved in numerous other 2010-related
        transport projects including park and ride facilities for
        access to stadiums, coordination with the SA Rail Commuter
        Corporation on stadia-related stations, access to fan parks,
        and the first phase of an International Transit and Shopping
        Centre for buses and taxis arriving from the Southern African
        region, and even further afield on our continent.

5. E- Thekwini


     1. The Committee was also impressed with the senior officials in
        this metro and with the detailed 2010 transport planning
        processes underway. After considerable evaluation, eThekwini
        has decided not to go for a full BRT system as their principal
        2010 flagship public transport legacy project. Instead they
        have decided to focus on upgrading, extending and revitalising
        the north-south rail corridor. They indicate that they are
        working closely with the SA Rail Commuter Corporation/Metrorail
        in this regard. Most of the infrastructure expenditure will
        have to be borne by SARCC/Metrorail.


     2. Using existing rail infrastructure obviously has many
        advantages, however, a major challenge will be to greatly
        improve on the very low present levels of rail ridership on the
        corridor – a mere 17,000 out of a current 200,000 public
        transport passenger trips per day (the majority of them
        currently in minibus taxis).


     3. The City’s major contribution to the north-south rail corridor
        is an ambitious plan to transform the Warwick Junction
        precinct. In terms of passenger movements, Warwick Junction is
        by far the City’s major rail station and transport interchange
        hub with several major taxi ranks. It is also a thriving
        commercial centre for small traders. However, the present
        reality is chaotic – different taxi ranks are located
        irrationally, pedestrians have to cross the extremely busy N3
        main route into Durban from Gauteng, the area has the highest
        concentration of pedestrian fatalities in the country, and the
        commercial potential of the location is compromised.


     4. The City has completed extensive planning for a major overhaul
        of the Warwick Junction area. The overhaul involves
        transforming existing taxi ranks and regulating them more
        effectively, so that taxi associations servicing townships in
        the North, West and South of the City are respectively located
        on the appropriate side of the precinct (which is not the case
        at present). The overhaul also involves building a fly-over for
        the Gauteng-Durban road at this point, to create a safer
        pedestrian and public transport environment below. Despite
        planning having been completed for some years, the project has
        failed, for some reason, to secure DoT support, and therefore,
        there has not been funding for it. Unless approval is secured
        before September 2007, it will be too late to proceed with the
        renewal ahead of 2010.


     5. The DoT’s reluctance to support the project appears to be based
        on the belief that this is basically a car-friendly, free-way
        oriented project. The proposed fly-over is about pedestrian
        safety and about freeing up ground-level space to public
        transport. The Committee recommends that the DoT should engage,
        as a matter of urgency, at a high level with eThekwini to
        clarify this matter. The Committee further recommends that
        eThekwini’s Warwick Junction transformation plans should be
        fully supported as a key component of providing a 2010
        transport legacy.
     6. eThekwini has many other important public transport plans
        related to 2010 – including an inner-city People Mover bus
        project. This project envisages, stadium related pedestrian
        infrastructure, public transport priority lanes on some east-
        west corridors, and a proposed extension of the rail line to
        Bridge City in the North.


     7. eThekwini is also engaging the taxi industry with a view to
        developing an active role for existing associations as feeders
        for the flagship north-south rail corridor and in regard to the
        inner-city people mover they intend to remove existing taxi
        operators from these routes. While commending the objectives of
        this process, the Committee is concerned that the City does not
        yet seem to have very clear ideas about exactly how taxi
        association cooperation will be secured, and particularly what
        business and financial models and integrated operating systems
        are envisaged. Once again, the Commitee believe this reflects
        the relative strengths on the engineering and town planning
        side in our country, and the relative lack of expertise in
        operationalising integrated mass public transport networks. The
        Committee recommends that this should be an important area of
        assistance that should be provided by a dedicated DoT 2010
        transport team as envisaged in 2.5 above.


     8. The city officials raised a concern that the plans to beautify
        the access routes to stadium have not yet identified funds.


     9. Serious concerns around road access and transport plans for the
        new King Shaka airport under construction at La Mecy as noted
        above, the committee recommend that the DoT as a matter of
        urgency ensures that the is dynamic interaction between the
        City and ACSA.

6. Nelson Mandela Bay Municipality


     1. The NMBM has opted for a BRT system as its flagship 2010 public
        transport legacy project. Route planning is more or less
        complete, and the city has decided to go for low-floor, left-
        door buses on the system, partly because it will not be a fully
        closed BRT system throughout, and will therefore rely on
        kerbside loading in some cases. The city is relatively sure of
        adequate funding for the project. In the view of the Committee,
        here as elsewhere, the principal challenges lie in the
        operational, business, financial and regulatory models. The
        city is currently in negotiations with eight taxi associations
        operating on the proposed BRT route. It envisages breaking the
        Algoa Bus Company’s current single contract for the whole city
        into five and combining Algoa Bus Company and taxi operators
        into consortia. The proposal is to have a negotiated contract
        for BRT routes.


     2. Nelson Mandela Bay Municipality officials have identified as
        potential risks to their 2010 transport programmes several
        issues, among them:


            • A lack of in-house capacity. The Committee believes that
              this applies less to infrastructural, engineering and town-
              planning capacity, and rather more to operational,
              business, financial and regulatory capacity for the BRT;


            • Slowness in obtaining environmental impact assessment
              approvals. The city officials recommended that national
              government considers establishing a 2010 fast-track
              capacity in the Department of Environmental Affairs and
              Tourism – not in order to avoid effective environmental
              impact assessments, but in order to ensure that delays on
              this front do not undermine the whole objective of using
              2010 to lay down an effective (and environmentally
              enhancing) public transport legacy. The Committee
              recommends that this proposal should be seriously
              considered.


     3. As mentioned in 2.5 above, Nelson Mandela Bay Municipality also
        expressed concern about a lack of clarity around ACSA’s plans
        for Port Elizabeth airport. This hampers their own ability to
        plan effectively for road transport and infrastructure to cater
        for the anticipated 2010 surge in passengers through the
        airport – an estimated 5000 per day compared to the current
        1200.


     4. It is anticipated that significant number of 2010 visitors and
        perhaps even teams will be based in East London. This requires
        that urgent attention be given to upgrade the R72 and or N2
        between the two cities.


7. Polokwane


     1. The Committee is very concerned with what they found in
        Polokwane. The City does not appear to have any serious 2010
        public transport planning in place. In fact, it has not even
        completed its regular Integrated Transport Plan, as is required
        by the National Land Transport Transitional Act.


     2. For the present, 2010 transport projects involve widening to
        four lanes the main access roads to the stadium but with little
        thought given to a public transport legacy. The Committee was
        told by the mayor that public transport is a “provincial
        matter”.


     3. The city is also planning to build a bus and taxi rank near the
        rail station for cross-border international transport. The city
        is still in negotiation with Transnet, which owns the land for
        this proposed rank.  It is upgrading and extending a second
        existing rank for domestic buses and taxis but at some distance
        from the proposed international rank - that is, without any
        consideration for integrating national, domestic and road and
        rail modes. This second rank which is under extension is close
        to a third taxi rank that is being unused. The city officials
        were unable to provide satisfactory explanations for any of
        this. Nor were they able to provide any sense of current
        ridership levels on different routes. The Committee was
        referred to “studies that are still underway”.


     4. Planning for the road-based connections to the airport at
        Polokwane are also a serious matter of concern. The Committee
        did not have a sense that any serious planning or consultation
        is happening in this regard.


     5. It is true that smaller host cities like Polokwane may well not
        encounter as many inherent transport challenges as cities like
        Tshwane, Johannesburg and Cape Town that already face serious
        daily congestion problems. However, the Committee believes that
        the situation in Polokwane needs to be addressed as a matter of
        urgency. In particular, the Committee recommends that the DoT
        and the Limpopo provincial Department of Transport engage
        actively with the city.


8. Rustenburg

     1. The Committee was equally unimpressed with the state of
        preparedness and planning in Rustenburg.


     2. There is absolutely no evidence of any attempt to lay the
        ground for an effective post-2010 public transport legacy. 2010
        transport planning seems to be almost exclusively focused on
        the access roads to the stadium. Nothing appears to be planned
        for the CBD, except the widening of one intersection.


   8.3  No mention was made of work with or transformation of the
        existing bus and taxi operations. One official told the
        Committee that they “think” they might upgrade one taxi rank.


   8.4  The Committee obviously strongly recommends that the DoT devotes
        focused attention to the situation in Rustenburg as a matter of
        priority.
  1. Mbombela 9.1 In many respects the capacity challenges are similar in Mbombela, Polokwane and Rustenburg. There was, however, in the Committee’s estimation one very important difference. The officials in Mbombela were not defensive and readily admitted that they needed considerable assistance with transport and spatial planning and project management.

    1. The 2010 stadium is a new stadium currently under construction some 5 km outside of the city. This obviously means that Mbombela has no experience at this time of hosting major events at the location. They therefore have no experience to draw upon in trying to anticipate likely challenges. This is one critical area in which they will require technical assistance as soon as possible.

    2. The privately-owned and managed Kruger Mpumalanga International Airport (KMIA) will also be key for the hosting of 2010. The Committee was informed that there is uncertainty at present about its future ownership structure, and there had been talks about a possible purchase by the provincial government. The Committee was told that this had caused uncertainty and reluctance by private investors to upgrade. This, in turn, created uncertainty for the city in terms of planning road access to and from the airport. Clearly any uncertainty about this matter must be clarified as soon as possible, so that planning and implementation are not hampered.

    3. Two major road infrastructure projects are under-way, the upgrading of the N4 and the R40 (Mandela Drive), both of which are bypasses around the city, and both of which pass close to the stadium under construction. The N4 upgrade is being handled by SANRAL, and the R40 by the province. It was not clear to the Committee the degree to which these major investments and the city’s transport planning were all being coordinated and integrated. This is clearly an important task for a DoT 2010 team.
    4. There is no forum in place between the city and the main local bus operator (Buscor) to plan for 2010. Nor is there any apparent engagement of this kind with local taxi associations.

    5. The largest taxi rank is privately owned. There have been recent upgrades of taxi ranks in the neighboring towns of Hazy View and White River.

    6. The City believes that there might be scope in the run-up to 2010 for improving the current Spoornet/Shosholoza Meyl station which is on the line from Maputo to Gauteng. But there appears to have been no formal discussion with relevant entities.

    7. Mbombela also briefed the Committee on NMT projects including cycle-way. It is unclear to the committee how these plans are and what funding they will receive .The DoT should engage with the city in this regard.
  2. Mangaung

   10.1 Mangaung has clearly done considerable planning in regard to the
        2010 event itself, and in particular in regard to access to the
        stadium. The city has an advantage in that the existing
        stadium, located close to the CBD, only requires relatively
        minor upgrading.


   10.2 For event-related access they are focusing on converting some
        streets into pedestrian walkways, and there is generally an
        important focus on non-motorised transport, including cycle-
        ways. A new access road is being constructed, and a large new
        rank and parkade for taxis and buses will be built.


   10.3 The Committee was told that the city has been in discussions
        with SANRAL on the link   road to the airport. It was not clear
        to the Committee what progress has been made in this regard.


   10.4 The City also referred to the upgrading of the ACSA-owned
        airport, but again they were unable to provide any clear
        indication of an effective working relationship with ACSA.


   10.5 The City officials indicated to the delegation that they expect
        many 2010 passengers to be arriving by train. It was not clear
        to the delegation whether this has been substantiated by any
        serious research, however, the station is old and in need of
        considerable upgrading. The City does not appear to be in
        contact with Transnet about its plans in regard to the station.


   10.6 The delegation was also told that the province is considering
        revitalising the Botshabelo rail-line.


   10.7 In general, the Committee formed the impression of a city that
        has begun to do useful planning on event-related access,
        especially in the general vicinity of the stadium. However, in
        regard to laying down a public transport legacy, very little
        serious planning has happened. The city would greatly benefit
        from focused DoT and National Treasury’s support particularly
        in regard to funding proposals and planning. The city would
        also benefit from more dynamic information sharing with other
        host cities, particularly with those that are beginning to
        develop exciting public transport legacy projects.
  1. Cape Town
   11.1 The City of Cape Town has developed extensive and detailed plans
        for a post-2010 public transport legacy. The plans are part and
        parcel of their ongoing integrated transport planning process.
        The City has also conducted relatively extensive public and
        transport operator consultation, and the Committee strongly
        commends this.


   11.2 This consultative approach was also borne out in our own
        Committee hearing with the City, which was attended by a large
        number of City officials, councillors, officials from the
        provincial department of transport, MPLs from the provincial
        legislature, and members of the media. The Committee again
        commends this approach, the more multi-sectoral buy-in there
        is, the more the chance of success.


   11.3 However, the City appears to be a few months behind cities like
        Johannesburg and Nelson Mandela Bay in the finalisation of its
        plans, and this might present a challenge in meeting deadlines
        for funding. With the right assistance from DoT and from the
        National Treasury, this challenge should not be (and cannot be
        allowed to be) insuperable.


   11.4 Senior City officials indicated that they had “found it
        difficult to implement transport projects without funding up-
        front”. While understanding this concern, in the view of the
        Committee this problem has related more to a tendency in the
        recent past for the City (and Province) to tailor cut and trim
        transport projects around diverse funding streams, like
        existing bus subsidies, rather than to plan boldly for
        integrated networks. This tendency has, perhaps, been
        exacerbated by the City and Province’s experience with the stop-
        start Klipfontein bus corridor project, an earlier forerunner
        of the kind of BRT system now being implemented by the City of
        Johannesburg. The operational sustainability of the original
        Klipfontein project was uncertain because of the relatively low
        density of the route. But it was also a project that was
        proposed at a time in which there was little available budget
        for major integrated rapid public transport networks. That has
        now changed.


   11.5 The Cape Town Metrorail system carried some 601 000 passengers
        per day according to a rail census carried out in 2004. In Cape
        Town, uniquely for a South African city, rail is the primary
        public transport mode, accounting for 53% of public transport
        trips. The rail network penetrates extensive middle to high
        income areas as well as many low income areas, and therefore
        has the potential to connect and integrate the city. In its ITP
        and 2010 transport legacy planning, the City is, therefore,
        quite correctly placing considerable emphasis on investment and
        improvement in the rail network.


   11.6 Among the targets on priority rail corridors are:
            • An 18 hour service day;
            • Punctuality with 95% of trips on time
           • Frequencies in the peak with a train every 5 minutes, and
             in off-peak every 20 minutes.


     7. The priority projects include:
            • Extension of the Khayelitsha line with two new stations
            • Refurbishment of the fleet
           • Increase in the operational rail fleet from 80 to 93 trains
             on priority corridors
            • Upgrading Cape Town station

    8. These rail projects clearly require close work with
       SARCC/Metrorail. The City assured the Committee that this
       cooperation is proceeding well.


    9. Ahead of 2010, the City also plans an extensive network of
       busways as the first phase of a more comprehensive system.
       Priority corridors for phase 1 are:


           • Klipfontein Corridor including the N2 busway
           • Landsdowne Corridor
           • Koeberg Road/including the N1 busway
           • Symphony Way Corridor.


   11.10      Some of these busways will involve full bus rapid transit
       infrastructure - median busways and median stations, platform-
       level boarding, and pre-board fare collection. The Committee had
       the impression that some of the bus planning remains incomplete
       and the observations made in 11.4 above apply particularly to
       these planned road-based public transport corridors. City of
       Cape Town like same of the other major cities has strategically
       form planning and transport team capacity but lacking public
       transport network skills. The committee recommends that the DoT
       assist in this regards.
  1. Summary and general recommendations

    12.1 The Committee recommends that the DoT develops and scales up a dedicated 2010 team that is able to assist host cities.

    12.2 In the larger host cities that the Committee have visited Johannesburg, eThekwini, Cape Town and Nelson Mandela Bay relatively good 2010 transport legacy planning is more or less completed. However, in the view of the Committee, each of the cities requires dedicated assistance, mostly in the area of organizational, business- and finance-planning, regulation and operationalising of the mass public transport network systems that they are proposing. This may well require importing some experienced international public transport experts, as there is, as far as we know, very little expertise within our country in these areas. 12.3 In other host cities that we visited, with the possible exception of Mangaung,it is probably already too late to attempt to roll-out a catalysing mass public transport network as a 2010 legacy. In these cities a more modest focus on some infrastructure legacy and, above all, a narrower focus on transport preparations for 2010 itself may be the key priority challenge.

    12.4 Government should give consideration to a fast-tracked mechanism for EIAs related to building 2010 transport infrastructure. This should not be seen as an attempt to avoid effective environmental impact assessments, but rather as a means to ensure that unnecessary delays do not completely compromise projects that are now working to very tight deadlines. The committee recommends that the proposed DoT dedicated 2010-team pay particular attention to inter-sphere, cooperation and ongoing engagement between the three spheres of government.

    12.5 The Committee has not been able to visit the City of Tshwane, but it hopes to do so in the coming months.

    12.6 Although it is not a host city as such, Ekurhuleni is a critical Metro from the point of view of 2010 and transport legacy. A major point of entry for 2010 international visitors will be Oliver Tambo International Airport, which is located within its boundaries. Ekuruleni will have an important responsibility for ensuring effective road-based transport connections and facilities in and around the airport. Ekurhuleni needs also to be more effectively engaged with, for instance, the City of Johannesburg’s Rea Vaya BRT system.

    12.7 The Committee wishes to thank all of those who hosted it’s visits, prepared inputs for thier hearings, and facilitated it’s work.

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                      TUESDAY, 15 JANUARY 2008

ANNOUNCEMENTS

National Assembly

The Speaker

  1. Membership of Assembly

The following member vacated his seat in the National Assembly with effect from 1 December 2007:

Maziya, M A.

TABLINGS National Assembly and National Council of Provinces

  1. The Minister of Finance
(a)     Government Notice No 1088 published in Government Gazette No
    30484 dated 16 November 2007: Recognition of stock exchange in
    terms of the definition of ‘‘Recognised Exchange’’ in paragraph 1
    of the Eighth Schedule of the Income Tax Act, 1962 (Act No 58 of
    1962).


(b)     Government Notice No R. 1094 published in Government Gazette No
    30486 dated 23 November 2007: Amendment of Schedule No 1
    (No1/2/148) in terms of the Customs and Excise Act, 1963 (Act No 91
    of 1964).


(c)     Government Notice No R. 1095 published in Government Gazette No
    30486 dated 23 November 2007: Amendment of Schedule No 1 (No
    1/1/1347) Correction Notice in terms of the Customs and Excise Act,
    1963 (Act No 91 of 1964).


(c)     Government Notice No R. 1096 published in Government Gazette No
    30486 dated 23 November 2007: Amendment of Schedule No 3 (No 3/623)
    Correction Notice in terms of the Customs and Excise Act, 1963 (Act
    No 91 of 1964).


(d)     Government Notice No R. 1097 published in Government Gazette No
    30486 dated 23 November 2007: Amendment of Schedule No 4 (No4/309)
    Correction Notice in terms of the Customs and Excise Act, 1963 (Act
    No 91 of 1964).
(e)     Government Notice No R. 1098 published in Government Gazette No
    30486 dated 23 November 2007: Amendment of Schedule No 5 (No5/86)
    Correction Notice in terms of the Customs and Excise Act, 1963 (Act
    No 91 of 1964).


(f)     Government Notice No R. 1099 published in Government Gazette No
    30486 dated 23 November 2007: Amendment of Schedule No 6 (No6/11)
    Correction Notice in terms of the Customs and Excise Act, 1963 (Act
    No 91 of 1964).
  1. The Minister of Home Affairs
(a)     Report and Financial Statements of Vote 4 — Department of Home
    Affairs for 2006-2007, including the Report of the Auditor-General
    on the Financial Statements and Performance Information of Vote 4
    for 2006-2007 [RP 208-2007].
  1. The Minister of Water Affairs and Forestry
(a)     Government Notice No R. 1036 published in Government Gazette No
    30427 dated 31 October 2007: Regulations on financial assistance to
    resource poor farmers in terms of section 62 read with section 61
    of the National Water Act, 1998 (Act No 36 of 1998).

National Assembly

  1. The Speaker (a) Letter from the Minister of Water Affairs and Forestry, dated 21 November 2007, to the Speaker of the National Assembly, in terms of section 6(3) of the National Forest Act, 1999 (Act No 84 of 1998).

    REPORT TO PARLIAMENT ON THE STATE OF SOUTH AFRICA’S FORESTS IN COMPLIANCE WITH SECTION 6(3) OF THE NATIONAL FORESTS ACT, 1998 (ACT NO. OF 1998) The National Forests Act, 1998 (Act No 84 of 1998) (NFA) place a legal obligation on the Minister to monitor forests to ensure sustainable forest management. In terms of section 6(3) of the NFA, I the Minister must report to Parliament at least every three years on the following:

    (a) The facts and trends revealed by the monitoring process; (b) whether the observed facts and trends are consistent with the national interest; (c) the measures being implemented to address negative trends; and (d) any other relevant issues related to South African Forests.

    In compliance with the above mentioned requirements, the department of Water Affairs and Forestry (DWAF) compiled a report on the state of South Africa’s forests and this report covers the period 2004 to 2006. The system used to monitor the performance of forest management in South Africa is the Principles, Criteria, Indicators and Standards (PCI&S) framework. It is not mandatory as yet for the sector to report on the PCI&S framework and DWAF is in the process of making it compulsory to facilitate future monitoring and reporting. However, the attached report was produced based on the information derived through the use of the PCI&S framework.

    Both the full report on the state of the forests in South Africa and its summary are enclosed for your consideration and further action Yours sincerely MRS L B HENDRICKS, MP MINISTER OFWATER AFFAIRS AND FORESTRY

                    THURSDAY, 17 JANUARY 2008
    

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

  1. Assent by President in respect of Bills

(1) Government Immovable Asset Management Bill [B 1B—2006] —Act No 19 of 2007 (assented to and signed by President on 22 November 2007).

(2) Criminal Law (Sexual Offences and Related Matters) Amendment Bill [B 50D—2003]—Act No 32 of 2007 (assented to and signed by President on 13 December 2007).

(3) Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Bill [B 25—2007]—Act No 24 of 2007 (assented to and signed by President on 13 December 2007).

(4) Constitution Thirteenth Amendment Bill [B 24—2007] (assented to and signed by President on 13 December 2007

TABLINGS

National Assembly and National Council of Provinces

  1. The Minister of Transport

(1) Report and Financial Statements of Urban Transport Fund for 2006- 2007, and the Report of the Auditor-General on the Financial Statements and Performance Information for 2006-2007 [RP 246-2007].

COMMITTEE REPORTS

National Assembly

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