National Assembly - 29 May 2008

THURSDAY, 29 MAY 2008 __

                PROCEEDINGS OF THE NATIONAL ASSEMBLY
                                ____

The House met at 14:00.

House Chairperson Mr G Q M Doidge took the Chair and requested members to observe a moment of silence for prayers or meditation.

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

                          NOTICE OF MOTION

Mr G R MORGAN: Chairperson, on behalf of the DA, I will move:

That the House discuss the newly released Long-Term Mitigation Scenarios for South Africa while taking into account –

(1) that South Africa is currently contributing to the formulation of the post-2012 climate framework;

  2) that South Africa has one of the highest per capita emissions
     figures in the world; and


  3) the concept of historic and differentiated responsibility.


                  BUS ACCIDENT IN THE EASTERN CAPE

                         (Draft Resolution)

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

That the House –

(1) notes that on Tuesday morning, 27 May 2008, 24 people died and many others were injured in the Eastern Cape when a bus careened down an embankment into a river;

(2) further notes that the ill-fated bus was from the settlement of Mvanyane on its way to Cedarville when the accident happened and that the bus is believed to have been carrying eighty passengers at the time of the accident;

(3) commends the efforts by the South African Police, the South African Air Force, Netcare 911 and other paramedics, as well as the ordinary people who helped those injured;

(4) urges the authorities to investigate the cause of the accident; and (5) conveys its condolences to the families and friends of the deceased.

Agreed to.

                    XENOPHOBIC ATTACKS IN DU NOON

                        (Member’s Statement)

Mr D K MALULEKE (ANC): Chairperson, the distortion and misleading statement made by the DA on Tuesday about hon Lumka Yengeni cannot go unchallenged and should be condemned. It was an irresponsible attempt to politicise, and score cheap political points from, the misery of others. The meeting referred to in Du Noon was organised by hon Lumka Yengeni and other community leaders in response to the recent spate of xenophobic attacks in Gauteng … [Interjections.]

The HOUSE CHAIRPERSON (Mr G Q M Doidge): Order!

Mr D K MALULEKE: … to sensitise the community against the xenophobic attacks on fellow Africans residing in Du Noon, which is part of her constituency.

The noble intention of the organisers was informed by cognisance of similar attacks in the Western Cape in 2006. The response of the community to the call was overwhelming, testifying to the interest communities show in issues directly affecting them. Though the ANC does not condone the looting of shops belonging to Somalians, one can take comfort in the knowledge that there was no burning, violence or murder of anybody.

To make inferences that the meeting was aborted and that hon Lumka Yengeni never showed up was dishonourable for someone who said the same of the hon Manuel on the very same day. The meeting was convened by the ANC and therefore the DA couldn’t have received an invitation, let alone bother themselves with matters which do not affect them, except as a pastime. It would also be interesting for hon Mark Lowe to tell us where their public representatives were … [Time expired.]

                AID FOR VICTIMS OF XENOPHOBIC ATTACKS

                        (Member’s Statement)

The LEADER OF THE OPPOSITION (DA): Chairperson, the national government’s delay in inviting international aid agencies such as the United Nations High Commissioner for Refugees to assist in dealing with a looming crisis at a number of makeshift safety sites for victims of xenophobic violence around the country needs to be explained. As it is, the impression is unavoidable that the government is stalling on this issue so that President Thabo Mbeki and his Cabinet can save themselves from further international embarrassment, so that they may escape the indignation of aerial photographs of white tents and blue helmets being beamed to the rest of the world.

The reality is that this is what South Africa needs right now. The extent of the disaster is such that we do not have the systems or resources in place to do this on our own. The government must call on all available assistance.

In the midst of this vacuum, DA councillors mediating in the crisis at the chaotic Onderstepoort facility were meeting independently with representatives from the United Nations in Pretoria yesterday, while Cape Town Mayor Helen Zille has also indicated that the city would warmly welcome any assistance from international aid agencies. We therefore urge President Mbeki to pick up the phone and to make that call without any further delay. Thank you. [Applause.]

          DROP IN ECONOMIC GROWTH AND INCREASE IN INFLATION

                        (Member’s Statement)

Mr N SINGH (IFP): Chairperson, there is an old saying: it never rains but it pours. It seems to me that this saying can be applied to the two pieces of very bad economic news we have had over the past two days.

First we heard that first-quarter economic growth had dropped sharply, to only 2,1%, on the back of sharp slow-downs in mining and manufacturing due to power supply problems. This is the lowest growth rate we have had in six and a half years and contrasts sharply with 5,3% rate in the last quarter of 2007.

Secondly, yesterday Statistics South Africa informed us that the CPIX had reached 10,4%, while headline inflation had climbed to 11,1%. In doing so, the Reserve Bank’s inflation target has been breached for the 13th month in a row, prompting the Governor to threaten a 2% increase in the repo rate. Add all of this bad news to the already high fuel price and high food prices and the picture for South Africa Incorporated looks very bleak.

All we can do is ask the hon Minister of Finance: What next and quo vadis?

              XENOPHOBIC STATEMENTS BY MEMBER OF THE DA

                        (Member’s Statement)

Ms D G NHLENGETHWA (ANC): Chairperson, yesterday during the budget hearings of the Portfolio Committee on Safety and Security, when the committee was being briefed by the SA Police Service on border control, a member of the DA uttered the following words:

The police are failing to control and prevent the influx of illegal immigrants into our country. These people are coming here to our country to eat our food, go to our clinics and hospitals, and attend our schools. That is the reason why our budget is always insufficient for our own people.

The issues that she raised are the same issues that are being raised by the perpetrators of violence against foreign nationals. A number of African countries are engaged in peace processes and others are in the process of reconstruction and development following standing conflicts. As a result South Africa is receiving an increasing number of people from our continent. The human rights of these people must be observed in accordance with the policies of the United Nations. The utterances by the hon Kohler- Barnard are racist and deplorable. The DA should be ashamed that there are such views and statements emanating from its ranks. Thank you. [Applause.]

          COMPASSION SHOWN TO VICTIMS OF XENOPHOBIC ATTACKS

                        (Member’s Statement)

Ms N C NKABINDE (UDM): Chairperson, over the past three weeks all of us have been shocked and horrified by the violence and brutality that erupted in certain communities, aimed primarily at foreign nationals from other parts of the continent. We have been shamed by the actions of criminals and thugs. We have also been frustrated by the slow response from government and the haphazard nature of that response, when it finally came. And more recently, we have been dismayed to hear that there had been intelligence reports indicating signs of trouble long before the worst violence occurred.

But whilst these things transpired, another series of events unfolded. South Africans, in their individual capacity and also under the auspices of businesses, unions, civil society groupings and churches, have been extending a hand of support and kindness to the victims of the violence and to the thousands of displaced people. Today we must salute all South Africans who have responded to the barbaric acts and violence of a few amongst us, with gestures of compassion and tolerance. We are proud of you. You have shown that ubuntu is still part of what makes us a great nation. Thank you.

 ESTABLISHMENT OF PERMANENT DEPARTMENT OF HOME AFFAIRS OFFICE IN THE
                          HELDERBERG REGION

                        (Member’s Statement)

Mnr F BEUKMAN (ANC): Voorsitter, die behoefte aan ’n permanente dienspunt vir die Departement van Binnelandse Sake in die Helderberg is in die verlede as ’ n prioriteit in die gebied geïdentifiseer. Tot dusver was daar slegs ’n tydelike dienspunt waar die publiek vir beperkte tye twee dae per week dienste kon ontvang. Die besluit van die Departement van Binnelandse Sake om vanaf 2 Junie 2008 die kantoor in die Helderberg te Somerset-Wes tot ’n permanente dienspunt op te gradeer, word allerweë verwelkom. Die opgradering beteken dat die publiek ses dae per week toegang tot die departement se dienste sal hê en nie meer na Kaapstad of Bellville vir sekere dienste sal hoef te reis nie.

Die bring van burgerlike dienste so na as moontlik aan die publiek is ’n belangrike doelwit van die regering en lei tot beter dienslewering en doeltreffendheid.

Die inwoners en gemeenskap van die Helderberg wil die Minister, Adjunkminister van Binnelandse Sake, en die departement bedank vir hul rol om hierdie permanente dienspunt moontlik te maak. Dankie. [Applous.] (Translation of Afrikaans member’s statement follows.)

[Mr F BEUKMAN (ANC): Chairperson, the need for a permanent service point for the Department of Home Affairs in the Helderberg region has been identified as a priority in this area in the past. Thus far there has only been a temporary service point where the public could access services twice a week for limited periods.

The decision by the Department of Home Affairs to upgrade the Helderberg office in Somerset West to a permanent service point, as from 2 June 2008, is welcomed in all respects. The upgrading means that the public will have access to the department’s services six days per week, and they no longer have to travel to Cape Town or Bellville for certain services.

Locating public services in close proximity to the public is an important goal of government and it leads to better service delivery and efficiency. The residents and community of the Helderberg would like to thank the Minister and Deputy Minister of Home Affairs and the department for the role they played in making this permanent service point possible. Thank you. [Applause.]]

                    CORRUPTION IN MIDVAAL REGION

                        (Member’s Statement)

Mnr W D SPIES (VF Plus): Voorsitter, in Gauteng is daar ’n plaaslike munisipaliteit wat vasgevang is in ’n greep van verdagte transaksies, onreëlmatige tenderprosedures en persoonlike bevoordeling van die burgemeester uit raadsfondse en–bates. Ek noem graag enkele van die bewerings wat deur ’n besorgde inwoner en sakeman aan die VF Plus deurgegee is.

Die burgemeester het teen ’n koste van minstens R20 000 palmbome wat aan die raad behoort het, in die tuin van haar privaatwoning laat aanplant met raadsfondse en met raadstoerusting. Die regerende party se plaaslike voorsitter, wat ruimskoots aan die regerende party skenk, is die enigste prokureur, die enigste afslaer en nou ook die enigste baksteenverskaffer wat, teen ’n R10 miljoen-kontrak, die middedorp moet opknap. Terwyl die raad se prokureur inderhaas ’n baksteenfabriek begin het, litigeer hy namens die raad om plaaslike baksteenverskaffers toe te maak.

Die raad weier om sekere slegte skulde af te skryf en betaal eerder sy prokureur herhaaldelik om dieselfde skuldenaars vir dieselfde skulde te dagvaar. Aan die ander kant, laat die raad se enigste prokureur weer na om die seun van ’n voormalige raadslid van die regerende party te dagvaar vir duisende rande se uitstaande skulde. Besorgde sakemanne en inwoners het hul plaaslike LP en die voorsitter van die party genader om die saak op te los, maar sonder sukses. Maar waarom is die amptelike opposisie so stil oor hierdie saak? Omdat die betrokke raad die enigste DA-beheerde raad in Gauteng is. Die prokureur, afslaer, baksteenprodusent is die voorsitter van die DA in die Midvaal-gebied. Die VF Plus het vandag die Openbare Beskermer daarom gevra om ’n beëdigde verklaring in ons besit wat deur die vooraanstaande inwoner en sakeman, mnr Corrie Pypers, gemaak is, te ondersoek.

Suid-Afrika gaan gebuk onder korrupsie. Ons het vir seker ’n beter regering nodig, maar, Voorsitter, ons benodig ook vir seker ’n beter amptelike opposisie. Ek dank u. (Translation of Afrikaans member’s statement follows.)

[Mr W D SPIES (FF Plus): Chairperson, there is a local municipality in Gauteng which is trapped in the grip of questionable transactions, irregular tender procedures and a mayor who derives personal gain from council funds and assets. I gladly name but a few of the allegations which were brought to the attention of the FF Plus by a concerned resident and businessman.

The mayor planted palm trees, which were the property of the council, in the garden of her private home at a cost of at least R20 000, using council monies and equipment. The ruling party’s local chairperson, who contributes generously to the governing party, is the sole attorney, the only auctioneer and now also the sole supplier of bricks who has to renovate the town centre at a cost of a contract worth R10 million. Whilst the council’s attorney is hastily starting up a brick factory, he is litigating on behalf of the council to close down local brick suppliers.

The council is refusing to write off certain bad debts, and is rather paying its attorney repeatedly to subpoena the same debtors for the same debts. On the other hand, the council’s only attorney is neglecting to subpoena the son of a former councillor of the ruling party for thousands of rands of outstanding debts. Concerned businessmen and residents approached their local MP and the chairperson of the party in order to settle the matter, but without any success. But why is the official opposition so quiet about this matter? Because the council concerned is the only DA-controlled council in Gauteng. The attorney, auctioneer, and brick producer is the chairperson of the DA in the Midvaal area. Therefore the FF Plus asked the Public Protector today to investigate an affidavit by prominent resident and businessman, Mr Corrie Pypers, which we have in our possession.

South Africa is burdened by corruption. We definitely need a better government, but without a doubt, Chairperson, we also need a better official opposition. I thank you.]

               XENOPHOBIA AND USE OF DEROGATORY TERMS

                        (Member’s Statement)

Dr S E M PHEKO (PAC): Chairperson, one of the PAC’s slogans, besides “izwe lethu” [“our land”], is “Africa for Africans, Africans for humanity, humanity for God”. The hymn that was composed by Enoch Sontonga is, “Nkosi sikelel’ iAfrika”. One of our liberation anthems is “Morena boloka sechaba sa Afrika”. These anthems were composed with the reality in mind that Africa is one, from Cape to Cairo, Madagascar to Morocco. Whether we like it or not, Africa is one. It has always been one from the time it was called Alkebulan or Mother of Nations, or “the Land of the Blacks”.

Xenophobia is a disease that can destroy Africa faster than HIV and Aids. Xenophobia is a step towards reviving tribalism, another disease that was used by the enemies of Africa to divide Africans.

In our country, derogatory terms such as “kaffer” are taboo. Equally, our country must put words such as “makwerekwere”, “matswantle”, etc in the same category as “kaffir”. All 53 African countries belong to the African Union. They have a Pan-African Parliament; they own Africa and its riches. Proper terminology must be found for Africans from South Africa to the rest of Africa. Izwe lethu, iAfrika. [Our land, Africa] [Time expired.] [Applause.]

                  BUS ACCIDENT IN THE EASTERN CAPE

                        (Member’s Statement)

Mr S B FARROW (DA): Chairperson, in aligning ourselves with the statement just made by the Chief Whip of the Majority Party, the DA also offers sympathy to the family and friends of the 22 passengers who lost their lives in the horrific bus accident which occurred on 27 May near Cedarville in the Eastern Cape. It further offers to wish those passengers injured in the accident a speedy recovery.

In my budget debate on transport, I emphasised the need for the Department of Transport to set up an inspectorate to ensure that buses are checked for roadworthiness at the source, prior to operating licences being issued. I further requested the Minister to investigate a more appropriate method of ensuring the flow of funds for road maintenance so that funds reach the actual provinces on an equitable basis. Priority should be given to those roads where traffic volumes dictate upgrading. That stretch of road is notoriously in bad condition and has been earmarked for tarring for a number of years now. Every effort must therefore be made to source funds for this road, which is the only access for the adjoining rural communities of Mvanyane, which have to acquire all their needs from the closest towns of Cedarville, Matatiele and Kokstad.

The DA dispatched its councillors in the area to visit the injured and bereaved, to show their empathy and support. We cannot afford to have our citizens lost to accidents of this nature any longer. Every effort must be made to provide bus passengers with the safety they deserve. We have legislated for safety mechanisms to be incorporated into the new taxi vehicles, such as seatbelts and roll-over bars. However, nothing has been done to safeguard bus passengers in the vehicles they are obliged to use. The DA calls on the hon Minister to investigate this legislative requirement urgently, in order to ensure that no further unnecessary fatalities related to bus accidents occur. Thank you. [Time expired.]

      ROLE OF WORLD HEALTH ORGANISATION IN MANUFACTURING DRUGS

                        (Member’s Statement) Ms R J MASHIGO (ANC): Chairperson, the ANC notes with great interest and excitement that the World Health Organisation and 193 member states have reached consensus on the issue of intellectual property. This augurs well for developing countries and the poor in particular, as far as drug manufacturing is concerned.

It is now up to the World Health Organisation to finalise its plan of action that will create incentives for pharmaceutical manufacturers to produce the drugs that are needed to save lives in poorer countries. This strategy will change the focus of manufacturers from products for cosmetic purposes to manufacturing life-saving drugs needed in poor countries and, at the same time, it will improve access to these drugs by developing countries.

The ANC commends the World Health Organisation and their 193 member states that supported this significant milestone and urges them to speed up implementation. Thank you.

                   CORRUPTION IN THE EASTERN CAPE

                        (Member’s Statement)

Mr V B NDLOVU (IFP): Chairperson, the IFP is greatly disturbed by the wave of fraudulent activities committed by health officials and other government officials. Ten health workers were arrested yesterday for fraud involving nearly R1 million in the Eastern Cape. Police are claiming that those fraudsters are defrauding the health department of a lot of money because they claim that the department has failed to use up its funds.

Recently 22 people, mostly teachers from QwaQwa, illegally obtained social grants ranging from R7 000 to R50 000. We commend the efforts of the police and other investigators for arresting these fraudsters.

Furthermore, the IFP strongly feels that the practice of suspending government officials with full pay whilst they are being investigated is unethical. Thank you.

    INACCESSIBILITY OF COMMITTEE ROOM TO PEOPLE WITH DISABILITIES

                        (Member’s Statement)

Mr V C GORE (ANC): Chairperson, yesterday Members of Parliament with mobility impairments, including wheelchair users, could not attend the Joint Monitoring Committee on the Improvement of Quality of Life and Status of Children, Youth and Disabled Persons because a lift in Parliament was out of service.

The meeting, ironically, was scheduled to adopt the Equality Review Report on the impact of the Equality Act on the lives of women and people with disabilities, and the disability sector. The report indicates that one of the obstacles preventing the inclusion of people with disabilities into mainstream South African society is inaccessible buildings. Many architectural barriers prevent people with disabilities from utilising facilities and exclude them from potential employment and access to government services, as well as shopping facilities. To this end, for hon members of the JMC, an inability to attend a committee meeting due to physical inaccessibility amounts to discrimination.

This incident highlights the ongoing experience of many persons with disabilities, who on a daily basis negotiate exclusionary barriers. Both private and public buildings must be made accessible for people with disabilities. Much work needs to be done in ensuring that all buildings comply with the National Building Regulations. The responsibility lies with private landowners as well as government to ensure that this happens. I thank you. [Applause.]

The HOUSE CHAIRPERSON (Mr G Q M Doidge): Thank you for that statement, hon Gore. May I say that there isn’t a Minister to respond to that particular statement, but I will certainly take this up with Madam Speaker. We do apologise for what happened. Thank you for bringing it to the attention of the House. [Applause.]

   DELAYED FUNDING FROM THE DEPARTMENT OF EDUCATION IN NORTH WEST

                        (Member’s Statement) Mr G G BOINAMO (DA): Dankie, Voorsitter. [Thank you, Chairperson.]

The DA is highly concerned over recent media reports that reveal that almost six months after the start of the school year around 500 of the 728 schools in the North West province classified as no-fee schools have still not received funding from the Department of Education. [Interjections.]

While the DA fully supports the introduction of no-fee schools in poor communities, as it removes the significant burden that school fees place on underprivileged learners, it is clear that the department is failing to implement this policy properly.

This has resulted in these schools not being able to buy textbooks, pay water and electricity bills, and maintain and secure their school buildings. One of the reasons provided by the department for withholding funding is that a number of these schools have not submitted their annual financial statements, showing how they’ve managed their affairs.

However, learners should not be the ones who bear the brunt for this problem, thereby losing out on the education they so rightly deserve. The DA calls on the Department of Education to assist no-fee schools in improving their capacity to comply with the basic financial obligations required of them, so that these schools can begin receiving the funds they are entitled to. Thank you. CONDOLENCES ON DEATH OF VUYO MOKOENA

                        (Member’s Statement)

Ms S D MOTUBATSE-HOUNKPATIN (ANC): Chairperson, the ANC would like to take this opportunity to send its heartfelt condolences to the Mokoena family on the passing away of Vuyo Mokoena. Indeed, his passing has touched a lot of South Africans in many ways. Vuyo Mokoena was known for his great talent in the gospel music industry.

He began his career in music with an amateur Afro-pop group called Melodi, based on the East Rand in Gauteng. He then became a professional musician, joining the popular group Pure Magic in the 1990s. He also realised his dream of becoming one of the country’s leading male gospel singers in the 1990s, when he entered the Super Kurl Talent Search. He further sang with the South African gospel queen, Rebecca Malope.

He also worked with South Africa’s biggest and top-selling gospel group, Joyous Celebration. His music remains an inspiration to many South Africans, most importantly in assisting in social cohesion and nation- building. His legacy in the gospel music industry will continue to inspire many.

Re re robala ka khutso, Mokoena, ya gago tema o e kgathile. [Rest in peace, Mokoena, you’ve done your part.] XENOPHOBIA AND USE OF DEROGATORY TERMS XENOPHOBIC ATTACKS IN DU NOON AID FOR VICTIMS OF XENOPHOBIC ATTACKS XENOPHOBIC STATEMENTS BY MEMBER OF THE DA DROP IN ECONOMIC GROWTH AND INCREASE IN INFLATION CORRUPTION IN MIDVAAL REGION CORRUPTION IN THE EASTERN CAPE

                        (Minister’s Response)

The MINISTER OF FINANCE: Thank you, Chair. I don’t know how big a rush there is this afternoon to respond, but just before doing so and outside of the time: If the gallery is full of girl children who are coming to work today because today is Taking a Girl Child to Work Day, I think it is appropriate that we welcome their presence here. [Applause.]

Chair, let me deal with the issues thematically, if I may. The first set of issues I would like to deal with, relates to the broad theme of xenophobia. Let me accord with what the hon Pheko says about who we are as Africans.

Perhaps I should comment on just one or two issues about the slogans and the numbers. I do not think Morocco is a member of the AU yet, because of Sahrawi, but the AU has 52 members other than that. I think we must accord with the letter and spirit of what he is saying about who we are, and why there should be no place for bad terminology against each other or for bad attitudes towards each other. I think that that is the spirit that should obtain, and in dealing with the comments of members, I think it is appropriate that we do it from that background.

In respect of the statement by the hon Maluleke, I think it is wrong. I know that the hon Yengeni was in Du Noon until two o’clock in the morning. I know that an initiative was taken because of previous experiences and that was, in fact, a matter discussed in this House on Thursday afternoon last week. So the accusations by the hon Lowe must surely be out of place.

In respect of what the hon Botha raised, let me make the following points. Firstly, the UN peacekeepers are overstretched. To ask that we deploy the blue helmets in South Africa is probably quite out of place. One has to look at the scale of the tragedy, measure the number of lives lost, the tragedy of that, look at the number of displaced people, and ask oneself whether, two weeks ago, any of us were in a position to have anticipated the scale of this tragedy.

Even in countries that are large, with enormous resources, that have done remarkably well – and I think of China’s response to the earthquake – they are still battling with the housing of people. So to have expected everything to be ready when the first wave of xenophobic attacks happened has to be wrong. There will be teething problems about these issues. The President doesn’t get involved in those kinds of issues; that is the task of disaster management and it is being done in that way.

Let me turn to the statement of the hon Nhlengethwa. I heard the hon Kohler- Barnard on the radio this morning; I was appalled. I think she owes South Africans an apology; I think she owes Africans an apology; I think that we must term her statements as fundamentally xenophobic and anti-African. They are wrong; they are unconstitutional; they are undemocratic; and we shouldn’t ever countenance that kind of behaviour in this House.

In respect of the statement by the hon Singh, hopefully this afternoon we could deal with this more exhaustively in E249. There is a third bit of information, and that is that the Producer Price Index came out at 12,4% this morning. But I think it is important to understand that these are global trends. Except for a period immediately after the oil shocks of the early 70s, the world has probably not lived through a period where price changes have been as rapid as they are and, as one newspaper reports this morning, the only good news is that South Africa is not alone in this.

If you look at the scourge of inflation across the world now, it is like it has certainly not been for almost 30 years, and that is the challenge. That is what we need to think through and I think it is important that we maintain clear heads and concentrate on ensuring that we have the policy framework to carry us through.

I would like to tie in the hon Spies’s statement with that of the hon Ndlovu, because fundamentally it deals with the same kind of issue. I observed hon Spies, that there were those cries of “skande” on your right when you spoke about the mayor and the trees and so on, until you mentioned Midvaal and then there was silence. I think that, as with what the hon Ndlovu said, none of us should countenance corruption anywhere. I think we must name and shame individuals. We must demonstrate that they don’t belong in the Public Service, that they rob the poor, that they have no place in a democracy, that it’s a diversion of public finances, and this must unite us across party lines without exception. Thank you very much. [Applause.]

    INACCESSIBILITY OF COMMITTEE ROOM TO PEOPLE WITH DISABILITIES

                        (Minister’s Response)

The DEPUTY MINISTER OF FOREIGN AFFAIRS (Ms S C Van der Merwe): Chair and members of this House, I was present two weeks ago at the United Nations in support of the coming into effect of the convention on the rights of people with disabilities.

South Africa was asked to participate in the debate, amongst a few selected countries, and we did so with a great deal of pride at the work that has been done in this country on the rights of disabled people. However, I think it is fair to say that we acknowledge that there are tremendous difficulties that we still face and we would like to thank the hon Gore for bringing to our attention the tremendous difficulties that our countrymen and - women still face.

This is an important matter, your Excellency … I am still in UN mode! This is an important matter, Chairperson, that we in fact implement the spirit and the letter of the convention. I have to say that government will need to intensify, and will increasingly intensify, its efforts in this regard. We thank the hon Gore for bringing this to our attention. Thank you very much. [Applause.]

     DELAYED FUNDING FROM DEPARTMENT OF EDUCATION IN NORTH WEST

                        (Minister’s Response)

The DEPUTY MINISTER OF EDUCATION: Excellency, sorry, Chairperson … [Laughter.] I thank you very much for the opportunity. May I at the outset extend a warm welcome to our children – our girl learners – who are sitting there in the gallery.

They represent more than 12 million learners who are in our schools, and more than 5 million of them are beneficiaries at attending no-fee schools. Whilst we recognise the concern that has been raised - and indeed we would be most grateful to receive the details of those schools that are having difficulty in receiving their funds - one must take into account that thousands upon thousands of schools are receiving their funds timeously as a result of direct intervention by the national Department of Education.

It is indeed so that schools are compelled by virtue of legislation to ensure that they provide audited statements to the relevant departments of education, but we do agree that where there are difficulties, immediate intervention must take place; support must be provided to the schools so that our learners in schools are not at all prejudiced.

I should also draw the attention of the House to the fact that, in the light of these difficulties, we have initiated a strategy or a particular initiative in order to assist principals and aspiring principals in ensuring that, amongst other things, they have the capacity and ability to manage well, administratively, institutions of learning.

Amongst the five areas that have been identified, is financial and administrative management. This is an enormously important task in ensuring that our schools function extremely well, that our learners are not at all prejudiced, and that the management of fees is always done in the best interests of the learners. I would appreciate it very much if the hon Boinamo could send the details to me so that I can check up whether indeed it is as high as all that, but, at the same time, I remind him that more than five million children are the beneficiaries of attending no-fee schools. Thank you very much. [Applause.]

          NATIONAL ENVIRONMENTAL MANAGEMENT AMENDMENT BILL

                       (Second Reading debate)

There was no debate.

Declarations of vote:

Mr L ZITA: Chairperson, section 24 of the Constitution grants every person the right to an environment that is not harmful to their health or wellbeing, as well as the right to have the environment protected through reasonable legislative and other measures that prevent pollution and ecological degradation, promote conservation and secure ecologically sustainable development and the use of natural resources while promoting justifiable economic and social development.

In order to give effect to the constitutional right to a safe environment, the Department of Environmental Affairs and Tourism developed and promulgated the National Environmental Management Act in 1998, as an overarching legislative framework for environmental management. Chapter 5 of the Act introduced the framework for integrated environmental management and the enabling mechanism for replacing the environmental impact assessment regulations that were introduced in 1997.

Although titled “Integrated Environmental Management”, the scope and provisions included in the 1998 Act very much limited integrated environmental management to one tool only, namely the Environmental Impact Assessment.

During 2006, the drive towards a more efficient and effective environmental impact management system for South Africa was initiated. This project of the Department of Environmental Affairs and Tourism, together with our provinces, aimed not only to rationalise the use of EIAs, but also to introduce a system fully based on integrated environmental management. This system would include a streamlined EIA process, the introduction of tools other than the EIA for environmental management, improved co-operation and co-ordination between organs of state, integrated environmental authorisation processes, and bringing all economic activities, including mining, into one central environmental management system.

As a first step in this regard, the 2006 NEMA-based EIA regulations were promulgated. Although improving on many of the deficiencies identified through the implementation of the former EIA system, many of the mechanisms to streamline the EIA could not be introduced, as the principal Act either by implication prohibited it, or did not enable such provisions in supporting legislation. It accordingly became evident that amendments to this principal Act were required.

The amendments referred to above were subjected to a long and extensive consultation process. After this extensive process, the portfolio committee is satisfied that the amendments introduced to this Bill are, firstly, necessary; secondly, will greatly improve the efficiency of EIAs and other future tools without compromising on effective environmental management; and, lastly, will, in a pragmatic way, bring mining into the environmental management system governed by NEMA.

In terms of improved efficiency, this is achieved in four ways, namely: introduction of new and often more appropriate tools; exclusions and exemptions; provision for improved co-ordination and co-operation between government institutions; and provision for integrated environmental or related authorisation processes.

This improved efficiency can however not be at the cost of effective environmental management and the protection of the environmental rights enshrined in the Constitution. [Time expired.] [Applause.]

Mr G R MORGAN: Thank you, Chairperson. All developments, no matter the scope and nature, impact on the environment. In a growing economy such as ours, and with the state that is involved in massive infrastructure building projects, it is imperative that we manage our environment in a way that allows for appropriate development, denies unacceptable development and, where necessary, mitigates the effects of development.

The NEMA Bill introduces a range of new environmental management instruments, including norms and standards, and environmental management frameworks, all of which, if the associated regulations are drafted in good faith, will help to speed up approvals for appropriate developments without compromising the environment.

There are real concerns from some stakeholders about some components of the traditional EIA, which will now be used “where applicable”. I am pleased that the committee accepted the DA proposal to have the associated regulations for the environmental instruments brought back to the committee for oversight, after the Minister has drafted them.

A remarkable component of the Bill is the fact that the Minister of Minerals and Energy will, 18 months after the promulgation of the National Environmental Management Amendment Act and the Mineral and Petroleum Resources Development Act, have to use NEMA EIA regulations for the authorising of mines. The exact realities of this new process do need to be further investigated during the NCOP public hearings. But it is simply not good enough that the environmental authorisation of mines by a competent authority other than environmental authorities remains indefinitely. The environmental degradation caused by more than 100 years of mining is not to be underestimated. The Department of Minerals and Energy, both pre- and post-democracy, has not been rigorous enough in its approval of mines and enforcing the mitigation of impacts.

The major achievement of this Bill is that MPs understand that mines should not be treated as an exception and have thus written a schedule into this Bill that effectively means that, 36 months after promulgation, the environmental authorisation of mines will go to its rightful and logical place, to the Minister of Environmental Affairs and Tourism.

May I take this opportunity to thank the chairperson of the committee for guiding this process.

The reality is that, in the interim period, the vast majority of new mining applications that will exist for the next 30 years, will be approved in the next three years. I call on the Minister of Minerals and Energy, with the active oversight of the Minister of Environmental Affairs and Tourism, to proceed carefully in this interim period.

Areas with a disproportionately high number of applications, like the Mpumalanga Highveld, need special attention. This area could become as polluted in the future, as the Wonderfonteinspruit area is today.

Mining, despite its positive benefit to the economy, cannot be allowed in every area, simply because mineral deposits that can be mined, exist there.

Further, I ask that special attention be paid to areas of the unique Woodbush Granite Grasslands, like the Haenertsburg area of Limpopo, which are also now coming under threat. Mining should only happen where it is appropriate for mining operations to exist.

The DA supports this Bill. [Applause.]

Bill read a second time.

The HOUSE CHAIRPERSON (Mr G Q M Doidge): Hon members, I have been advised that the Second and Third Orders will stand over. Before I adjourn the House, I think we need to do the following.

On behalf of the Speaker and the Presiding Officers of the National Assembly, I wish to thank the girl children for coming and joining us in our proceedings in Parliament today. Some of them started off very early in the National Assembly Programme Committee. Some of them have been in meetings where we have interviewed staff and they have participated in that process. I trust that you have gained an insight into the workings of your Parliament, and I hope you will join us in the Extended Public Committees this afternoon before you leave for your different destinations.

I think they deserve a round of applause. [Applause.]

The House adjourned at 14:42.