National Council of Provinces - 07 February 2008

THURSDAY, 7 FEBRUARY 2008 __

          PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
                                ____

The Council met at 14:03.

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

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

                          NOTICES OF MOTION

Mr G R KRUMBOCK: Deputy Chairperson, I hereby give notice that at the next sitting of this House I shall table the following motion:

That this House, noting that –

 1) the ruling party held its 52nd national conference in Polokwane in
    December in 2007;


 2) the lead-up to this conference was characterised by bitter in-
    fighting between the two factions that eventually emerged, and that
    service delivery in many parts of the country was brought to a
    standstill as a result;

[Interjections]

 3) the conference itself was characterised by unruly behaviour
    including booing and disrespect shown towards the chairperson, which
    portrayed a negative image of our country to the world;


 4) the conference resolved ...

[Interjections.]

Can I have some protection, Deputy Chairperson? I am reading a motion.

The DEPUTY CHAIRPERSON OF THE COUNCIL (Ms P M Hollander): Hon members, thank you! Can you please give the hon member a chance to complete his notice?

Mr G R KRUMBOCK: Thank you very much.

 4) the conference resolved to disband the Scorpions, the most effective
    crime-fighting unit in our country in living memory; and
 5) a number of individuals were elected to the National Executive
    Committee after having been found guilty of defrauding Parliament,
    and further noting that, as a consequence to the Polokwane struggle,
    speculation is rife that a further purge of senior office holders in
    this august House is imminent;

 6) therefore resolves -

       i) not to allow the struggle for the soul of the ANC to affect
          the effective functioning of this House, and its
          indispensable oversight role; and


      ii) to call on Luthuli House to respect the leadership in this
          House of the hon M J Mahlangu.

The CHIEF WHIP OF THE COUNCIL: Thank you very much, Deputy Chairperson. I would request that, in future, the Table staff should alert the presiding officer if the Chief Whip’s hand has been put up first when we deal with notices of motion.

Deputy Chairperson, I would like to put a notice of motion:

That the Council –


  1) notes that –
      a) the ANC held its 52nd national conference at the University of
         Limpopo, in the great north of our country;


      b) this occasion provided an opportunity to reflect on the
         achievements of this great movement as it has worked, together
         with the masses, first to defeat the apartheid system, and
         then to vanquish the legacy of racial oppression and gender
         inequality; and


      c) for five days the country and nations across the globe
         observed the vibrant democratic debates about the future of
         our movement and the nation it leads;


  2) takes this opportunity to congratulate the newly elected leadership
     of the ANC, which includes, among others, members of the NCOP, the
     hon Mr Sicelo Shiceka and the hon Ms Nosipho Ntwanambi, who are
     collectively fired up with passionate selflessness and steeped in
     the vintage traditions of our movement to bear the huge
     responsibility to catalyse our people’s aspirations for a social
     order and commitment of continuing our work to liberate our people
     from the consequences of poverty and the entanglements of the
     legacy of apartheid;


  3) also takes this opportunity to congratulate the ANC for
     successfully hosting such a watershed conference and the newly
     elected President of the ANC, Jacob  Zuma, for his election as the
     12th President of the ANC, succeeding an illustrious list of names
     such as John Langalibalele Dube, Sefako Mapogo Makgatho, Pixley ka
     Isaka Seme, Nelson Rolihlahla Mandela, Oliver Reginald Tambo and
     many more;


  4) however, notes the barrage of vicious personal attacks and public
     conflations by certain leaders of the opposition who designated
     themselves “spokespersons” of the ANC and featured quite
     prominently in the mass media, commenting on proceedings and
     decisions of the ANC in Polokwane with the sole intention of waging
     vicious attacks and smear campaigns against the character of the
     ANC and its leadership; and


 (5)    takes this opportunity to condemn such behaviour that was
     intended to undermine and distort the fundamental key and
     historical ideals within which the ANC elects its leaders.

Thank you. [Applause.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): I just want to correct something before you speak, hon member. There is nothing in the Rules that says you have to speak first, Chief Whip, and notice was not given to me that you would speak first. Thank you.

Mr A WATSON: Madam Chair, I did rise on the point of order, but you asked me to wait. The point of order is that the Rules determine that no member may make a motion on the subject of a motion that has already been stated. I ask you to check the Rules, and to make a ruling at your leisure. Thank you.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Does any other member wish to give notice of a motion? You may proceed, sir.

Mr A WATSON: Dankie, mev die Voorsitter. Ek gee hiermee kennis dat ek namens die Demokratiese Alliansie by die volgende sitting van die Raad die volgende mosie gaan stel:

Dat die Raad –


 1) met skok kennis neem van die onaanvaarbare toestande wat steeds
    heers in die Plaaslike Munisipale Raad van Mbombela in Nelspruit,
    hoofstad van Mpumalanga;


       2) kennis neem dat ondanks –

    a) talle pogings die afgelope twaalf maande, sedert Februarie 2007;


    b) herhaalde vermanings van die DA-raadslede;

      c) my eie toesprake, versoeke en onderhoude met die provinsiale en
         nasionale leierskap; en


      d) uiteindelike ingrypings van die provinsiale wetgewer ingevolge
         artikel 139 van die Grondwet –


    die Mbombela-raad steeds lamgelê is weens onduidelikheid oor
    die wyse en besondhede van die beoogde ingrypings en die
    gevolglike minagting van raadsbesluite deur mnr Dladla, die
    munisipale bestuurder; en


  3) die agb Voorsitter van die Raad derhalwe versoek om opdrag te gee
     aan die betrokke Gekose Komitee om ‘n dringende in sito-besoek aan
     Nelspruit te bring en om toe te sien dat sake genormaliseer word
     om dienslewering te herstel. (Translation of Afrikaans notice of motion follows.)

[Mr A WATSON: Thank you, Madam Chairperson. I hereby give notice that at the next sitting of the Council, I will move the following motion on behalf of the DA:

That the House –


  1) notes with horror the unacceptable conditions which still prevail
     in the Mbombela Municipality in Nelspruit, the capital of
     Mpumalanga;
       2) notes that despite –

      a) various attempts over the past twelve months, since February
         2007;


      b) repeated warnings by DA councillors;


      c) my own speeches, requests and interviews with the provincial
         and national leadership; and


      d) eventual interventions by the provincial legislature in terms
         of section 139 of the Constitution –


     the Mbombela Council continues to be incapacitated because the
     process and details about the planned interventions were unclear,
     resulting in municipal manager Mr Dladla’s disregard for council
     decisions; and


  3) therefore requests the hon Chairperson of the Council to instruct
     the concerned select committee to pay an urgent in sito visit to
     Nelspruit to ensure that matters are stabilised and service
     delivery is reinstated.]

The HOUSE CHAIRPERSON (Mr T S Setona): Hon Deputy Chairperson, I will move at the next sitting of this House:

That the Council notes –


 1) that the 52nd national conference has come and gone;


 2) that this conference has once more reaffirmed the centrality of the
    ANC in the body politic of South Africa; and


calls on all small opposition parties to mind their own business and
says: “Hands off the ANC!”.

[Applause.]

Mr J W LE ROUX: Dankie, Adjunkvoorsitter. Ek gee hiermee kennis dat ek op die volgende sittingsdag sal voorstel:

Dat die Raad kennis neem dat –

  1) die gebrek aan kundigheid in ons administrasie die land in chaos
     gedompel het;


   2) die elektrisiteitskrisis die ekonomie reeds miljarde rande gekos
      het en dit terwyl kundige mense by Eskom uit hul poste ontslaan
      is;


  3) ons onderwysstelsel klaaglik misluk terwyl bekwame onderwysers in
     die privaatsektor werk;
  4) die regering nie sy burgers teen misdadigers kan beskerm nie en dit
     terwyl bekwame polisielede by die huis sit; en

  5) ondeurdagte regstellende aksie deur die ANC ons land van kundigheid
     beroof het terwyl ons infrastruktuur in duie stort.

Ek dank u. (Translation of Afrikaans notice of motion follows.)

[Mr J W LE ROUX: Thank you, Deputy Chairperson. I hereby give notice that at the next sitting I will move:

That the House notes that –

 1) the lack of capacity in our country’s administration has plunged
    our country into chaos;


  2) the electricity crisis has already cost the economy billions while
     competent people were dismissed at Eskom;


  3) our education system is lamentably failing while qualified teachers
     are working in the private sector;

  4) the government is unable to protect its citizens against criminals
     while competent members of the police are sitting at home; and
  5) ill-considered affirmative action by the ANC has robbed our country
     of expertise while our infrastructure is collapsing.

I thank you.]

Ms H LAMOELA: Dankie Voorsitter. Ek gee hiermee kennis dat ek op die volgende sittingsdag sal voorstel:

Dat die Raad kennis neem dat –


  1) ondanks die feit dat ons gesondheidsorg groot tekorte aan
     professionele gesondheidswerkers ondervind, ons nou ook sukkel met
     vertragings rondom die bou van beplande hospitale – ek verwys
     spesifiek na Upington waar werkloosheid seëvier en waar die bou
     van die plaaslike hospitaal uitgestel is en dat hierdie stap
     veroorsaak het dat pasiënte nou 300 km ver vervoer moet word vir
     spesiale mediese sorg;

  2) gister, tydens so ‘n rit, twaalf pasiënte waarvan twee kinders
     was, op pad na De Aar tragies in ‘n ongeluk gesterf het;

  3) ons Grondwet voorsiening maak vir gehalte-mediese sorg aan
     landsburgers en dat dit kommerwekkend is om te besef dat ons weer
     eens in ‘n grondwetlike krisis gedompel is, omdat siek plattelandse
     pasiënte nie hul grondwetlike reg kon uitoefen nie;

  4) ons plattelandse dorpe nog steeds swak gesondheidsorg beleef en ons
     ‘n dringende beroep op ons Minister van Gesondheid doen om
     onmiddellik die nood van die platteland aan te spreek;

  5) daar geen plaasvervanger is vir lewe nie en plattelandse pasiënte
     se grondwetlike reg op gehalte-gesondheidsorg gister weer eens
     benadeel is; en

  6) medelye betuig aan die gestorwenes se naasbestaandes en glo dat ons
     Hemelse Vader se genade alleen die verlies sal kan vul.
     (Translation of Afrikaans notice of motion follows.)

[Ms H LAMOELA: Thank you, Chairperson. I hereby give notice that at the next sitting I will move:

That the House notes that –


 1) despite the fact that our health care is experiencing a shortfall
    of health-care providers, we are now also struggling with delays
    around the construction of planned hospitals- I am referring to
    Upington in particular where unemployment prevails and the
    construction of local hospitals have been postponed and that this
    has resulted in patients now having to be transported 300 km away
    for specialised medical care;


 2) yesterday, during such a trip, twelve patients, two of whom were
    children, died tragically in an accident on their way to De Aar;


 3) our Constitution provides for quality medical care for all citizens
    and it is distressing to realise that we are once again immersed in
    a constitutional crisis because ill patients from rural areas were
    unable to exercise their constitutional right;


 4) our rural towns are still experiencing inferior health care and we
    urgently appeal to the Minister of Health to address the plight of
    the rural districts immediately;


 5) life is irreplaceable and yesterday the constitutional right to
    quality health care for rural patients was, once again, violated;
    and


 6) our condolences are conveyed to the relatives of the deceased with
    the belief that only the mercy of our Heavenly Father can
    compensate for their loss.]

The HOUSE CHAIRPERSON (Mr T S Setona): Hon Deputy Chairperson, I want to rise on a point of order and want to know whether it is permissible for a member to make a speech whilst rising on a notice of motion. Thank you.

Mr M A SULLIMAN: Madam Deputy Chairperson, on a point of order: Is it parliamentary for the hon member to say that …

… die ANC is ligsinnig? [… the ANC is frivolous.]

That is an insult to the ANC and she must withdraw.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Hon Lamoela, can I have … [Interjections.] Order! Order! For the last time, order! Thank you!

Hon Lamoela, was that part of your notice?

Ms H LAMOELA: Yes, because of the comment that came from the hon member from the ANC, I had to say that. These are people! They are human beings and not animals! [Interjections.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Hon Lamoela, you are wrong. Will you please withdraw what you have said? [Interjections.]

An HON MEMBER: Withdraw! The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Hon Lamoela, will you just withdraw that part where you said …

… hulle is ligsinnig? [… they are frivolous?] [Interjections.]

Hon members, could you please give me a chance, I am busy with Ms Lamoela? I am busy with Ms Lamoela! Will you please sit down? Will you please sit down?

Ms H LAMOELA: Madam Chair, I will withdraw it, but I will take it up in the media so that everybody can know. [Interjections.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Order! Members, order! Hon members, I will not call this House to order again! Could you please give one another a chance to state your case?

                        MOTION OF CONDOLENCE

                      (The late Mr John Gomomo)

The Chief Whip of the Council moved without notice:

That the Council –

 1) notes –
    (a)      with deep sadness and an utmost sense of loss the passing
         away of a stalwart, a pulse of our movement and a true servant
         of our people, the Hon Mr John Gomomo at the age of 62; and


    (b)      that Mr Gomomo, a cadre of the ANC and distinguished
         veteran of the liberation of our people who dedicated his life
         to dismantling the shackles of poverty  and repressive labour
         laws in our country, will be buried on Saturday, 9 February
         2008, at KwaNobuhle, in the Eastern Cape;


  2) remembers that the political contribution of Mr Gomomo spans from
     being a leader of the trade union movement in South Africa and
     combatant leader of the people of South Africa whose contribution
     in the transformation of South Africa extends beyond the peerless
     contribution he made to the workers’ movement with thousands of
     workers that were faced with the everyday brutality of the
     apartheid government and who now enjoy a deep sense of security
     that today their lives are better and they know for sure that their
     well-being is protected;


  3) takes this opportunity to dip its head for comfort on the shoulders
     of a nation in mourning and on the chests of so many of our people
     who are mourning with the Gomomo family by virtue of the life he
     shared with our nation; and

  4) extends its deepest heartfelt condolences to the Gomomo family,
     friends, comrades and the nation at large and hopes that they will
     find comfort in knowing that his dedication, words and deeds will
     serve as a living memorial, setting an outstanding example of a
     leader born for our people who dedicated his life for their
     liberation.

May his soul rest in peace!

When we are weary and in need of strength, We will remember you. When we have decisions that are difficult to make, We will remember you. When we have achievements that are based on your strength and dedication, We will remember you. As long as we live, Your spirit shall live!

Motion agreed to in accordance with section 65 of the Constitution.

                     SOUTH AFRICAN CRICKET TEAM

                         (Draft Resolution)

Mr C J VAN ROOYEN: Madam Deputy Chairperson, I would like to move without notice:

That the Council –

 1) notes and congratulates the South African Cricket team, the
    Proteas, on their five-zero ODI series win over the West Indies;


 2) wishes to thank Shaun Pollock, one of the world’s greatest all-
    rounders in the game of cricket for his great sportsmanship
    displayed throughout his career;


 3) recognises the contribution he has made towards the success of the
    Proteas over the last 12 years; and


 4) further notes that he is a true son of this country and has been a
    proud ambassador for South Africa on and off the sport fields of
    the world.

Motion agreed to in accordance with section 65 of the Constitution.

            MICHAEL MBANJWA - DUSI CANOE MARATHON WINNER

                         (Draft Resolution)

Mrs A N D QIKANI: Madam Deputy Chairperson, I move without notice:

That the Council –

1) notes that –

       a) history was made in South Africa’s Dusi Canoe Marathon early
          this year, when Michael Mbanjwa  became the first black
          winner in the 57-year history of the event;


       b) the victory of Mbanjwa is a humble journey of an ordinary
          South African who defied all odds from the humblest of
          beginnings to become a South African hero and a celebrated
          ambassador of our people;


       c) in 1997 Mbanjwa was on his way to a game of soccer when he
          was stopped  by Lembethe, who told him to give canoeing a try
          and he gave it a go, having seen paddlers in this famous
          race; and


 2) takes this opportunity to congratulate this hero of our people and
    hopes that his victory will remain an inspirational story of a
    nation in the making, determined to overcome all adversities to be
    the champions of the world. Motion agreed to in accordance with section 65 of the Constitution.

           PROVINCES UNDERSPEND ON COMMUNITY LIBRARY GRANT

                         (Draft Resolution)

Ms D ROBINSON: Chairperson, I move without notice:

That the Council –

 a) notes that many provinces have underspent on the Community Library
    Services Grant and that in some cases library buildings are
    standing empty, without staff or books;

 b) exercises its oversight function in regard to the spending of the
    grant with due diligence;


 c) condemns this lack of service delivery to the people, especially
    the youth;

 d) affirms that the relevant people should be held accountable for
    this; and

 e) believes that well-equipped and well-staffed libraries are central
    to ensuring that everyone has an equal opportunity to education and
    personal development and that a culture of reading is an important
    part of our national development.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Order! The hon member has moved a motion. Is there any objection to the motion? Is that an objection? Please raise your objection, hon member.

Mr C J VAN ROOYEN: Chairperson, all libraries are empty. [Applause.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): In light of the objection, the motion may not be proceeded with. This motion without notice will now become notice of a motion.

    DEATH OF 12 PATIENTS BETWEEN KOOPMANSFONTEIN AND DELPORTSHOOP

                         (Draft Resolution)

Mr M A SULLIMAN: Chairperson, I move without notice:

That the Council –

  1) notes with sadness the death of 12 patients who died when a patient
     minibus carrying 27 patients overturned on a road between
     Koopmansfontein and Delportshoop in the Northern Cape;


  2) further notes that the horrific incident happened in the early
     hours of the morning on 5 February 2008, when the driver lost
     control of the patient minibus and it overturned and rolled several
     times; and

  3) takes this opportunity to convey its heartfelt and deepest
     condolences to the families of the deceased and all the people of
     the Northern Cape for this immense and horrendous loss of human
     lives.

May God be with them and we wish them strength in this trying and difficult moment.

Motion agreed to in accordance with section 65 of the Constitution.

Mr G R KRUMBOCK: Chairperson, this is the second occasion in this sitting that members of the ANC laugh audibly when the deaths of fellow South Africans are being debated and I call on you to rule on that, please. Is that parliamentary?

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Order! That is not parliamentary! I was going to check on them, but I first had to complete these motions without notice.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Order! I want to remind members of this House that you still have the holiday spirit. Please conduct yourselves as members of this House.

                        MOTION OF CONDOLENCE

                       (The late O J Tlhagale)

Ms J F TERBLANCHE: Chair, on behalf of the DA, I would like to move a motion without notice:

That the Council –

 1) offers its condolences on the tragic passing away of one of its
    colleagues and North West representative, Mr O J Tlhagale;


 2) remembers that he was a very kind and gentle soul and a real
    gentleman; and


 3) expresses its heartfelt sympathy to his family and friends.

Motion agreed to in accordance with section 65 of the Constitution.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Order! Is that an objection, hon member? The CHIEF WHIP OF THE COUNCIL: Deputy Chairperson, it is not an objection; it is just an amendment on behalf of the whole House. We did raise this matter in the multiparty whips meeting and agreed that a motion will be moved. Mr Watson was there on behalf of the DA. So, we just want to put it on record that this motion is on behalf of the whole NCOP. Already, Mr Kolweni was going to do that as a provincial whip of the North West. We are not objecting but amending the motion.

                North West Police arrest 9 000 people

                         (Draft Resolution)

Mr Z S KOLWENI: Hon Deputy Chair, I move without notice:

That the Council –

 1) notes with a great sense of pride and appreciation that –


      a) the North West police have arrested more than 9 000 people
         during a crime-prevention operation lasting three months,
         which was put in place in October in the build-up to the
         festive season;


      b) out of the 9 185 people who were arrested, a staggering 4 472
         were arrested in connection with serious crimes such as
         murder, attempted murder, rape, assault and robbery;


      c) close to 1 700 were also apprehended for crimes committed with
         an economic motive such as housebreaking, theft of cellular
         phones, theft of a motor vehicle, theft out of a motor
         vehicle, stock theft and fraud;


      d) more than 500 illegal liquor outlets as well as 41 licensed
         premises were closed, and a further 111 licensed premises were
         charged for contravening the Liquor Act, drugs such as dagga,
         cocaine, ecstasy, mandrax and heroine were confiscated, as
         well as the arrest of 53 people and the seizure of 169
         firearms and more than 1 000 rounds of ammunition; and


      e) in the Gauteng province, over 107 people were arrested in the
         past 24 hours in places such as Hillbrow, Braamfontein, Berea
         and Joubert Park for crimes such as murder, robberies,
         housebreaking, theft and fraud;


 2) takes this opportunity to congratulate the North West and Gauteng
    police for this outstanding and sterling work and hopes that this
    will send a clear message to those who seek to use ANC resolutions
    to incorporate the Scorpions into the South African Police Service
    that the SAPS is demonstrating the capacity and sting to tackle
    crime in this country; and


 3) hopes that the process of the incorporation of the Scorpions will
    be speeded up with the expediency that was expressed by the ANC
    conference.

Motion agreed to in accordance with section 65 of the Constitution.

                   GRANT FRAUD BY PUBLIC SERVANTS

                         (Draft Resolution)

Ms J M MASILO: Deputy Chair, I would like to move without notice:

That the Council –

   1) notes that –

         a) a total of 6 693 public servants were convicted for
            defrauding the SA Social Security Agency (Sassa) with a
            savings value of R 7,7 billion by the end of December 2007;

         b) about 5 391 disciplinary case files of public servants
            convicted of defrauding the Sassa have been handed over to
            their respective national and provincial departments for
            disciplinary action to be taken; and

         c) in April 2005, hon Minister Skweyiya tasked the Special
            Investigating Unit to investigate fraud, corruption and
            maladministration which then plagued the social grant
            system, and that the unit discovered people with permanent
            positions in the Public Service deliberately misrepresenting
            their positions so as to obtain social grants;

   2) further notes the reaffirmation of the ANC’s 52nd conference,
      held in Polokwane last year, that central to the task of social
      transformation of the South African society is the role of the
      government in confronting the challenges of poverty and
      underdevelopment, and that our grant system has been instrumental
      in this regard; and


   3) takes this opportunity to call on all people of South Africa to
      work with the various structures of government that are working
      tirelessly to address the problem of abuse and draining the
      resources intended for addressing the challenges of poverty in
      our country.

Motion agreed to in accordance with section 65 of the Constitution.

            PERFORMANCE OF BAFANA BAFANA IN GHANA HAILED

                         (Draft Resolution)

Mr B J TOLO: Chairperson, I move without notice:

That the Council –

 1) welcomes the spirit, determination and improved performance of
    Bafana Bafana in the 2008 African Cup of Nations in Ghana;


 2) regrets that they were eliminated in the first round;


 3) hopes that in future they will perform even better than they did
    this time; and

 4) believes that the current African Cup of Nations competition was a
    dress rehearsal and will stand them in good stead as they build to
    the 2010 FIFA World Cup in South Africa.

Motion agreed to in accordance with section 65 of the Constitution.

Mr A WATSON: Madam Chair, I don’t have a motion, but would you allow me to make a correction in regard to our apology regarding to the motion on the late Mr Tlhagale? I will be very brief.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Order! Can I just stop you there, please? Can I give you my decision at the next meeting?

Mr A WATSON: I just want to correct something, Madam Chair.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): No, it is not necessary as the motion has gone through already. [Interjections.] Order! You didn’t have your hand up all the time, hon Mzizi.

Mr M A MZIZI: My hand was up all the time, Madam Chairperson.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): I am sorry, hon member. You can proceed with your motion without notice.

                 CONGRATULATIONS TO SIPHIWE SIPHAYI

                         (Draft Resolution)

Mr M A MZIZI: Madam Chair, thank you for your indulgence. I won’t go to other things. I hereby move without notice:

That the Council –

 1) notes that a promising 17-year-old golfer from Soweto, Siphiwe
    Siphayi, is competing in the South African Amateur Strokeplay
    Championship currently under way at the Paarl Valley Country Club;


 2) further notes that Siphiwe won a number of tournaments last year,
    some of which were against older opposition;


 3) acknowledges that smaller sports such as golf should also be
    promoted and encouraged amongst previously disadvantaged South
    Africans and not just bigger sports such as rugby, soccer and
    cricket; and


 4) wishes Siphiwe and all the other young golfers the best of luck.

Motion agreed to in accordance with section 65 of the Constitution.

               CHACE ON TERMINATION OF PREGNANCY BILL

                       (Consideration thereon)

Ms J M MASILO: Deputy Chair, I thought that this statement would be read by one of our male comrades or members, because they are talking too much about the termination of pregnancy and are also talking about us as women; but they have refused.

Hon Deputy Chair, colleagues, ladies and gentlemen. The objectives of this amending Bill are the following: To allow midwives as registered nurses who have undergone the prescribed training to perform terminations of pregnancy, since prior to the promulgation of the Bill registered nurses were not allowed to perform terminations; to do away with the designation by the Minister on facilities where terminations of pregnancy may take place, which is the lengthy process; to empower the Member of the Executive Council of the province responsible for health in that province to approve those facilities; to allow all public and private facilities that have a 24- four-hour maternity service to terminate pregnancies of up to and including 12 weeks without seeking the approval of the Member of the Executive Council concerned; and to empower the Member of the Executive Council concerned to prescribe by regulation the requirements and conditions applicable to facilities where termination of pregnancy may take place.

For the purpose of consistency, the Minister must: Approve the regulations before they are implemented; require the Member of the Executive Council concerned to report annually on the number of facilities approved by him or her; and require the relevant heads of the provincial departments to submit certain prescribed information to the Director-General of Health and make it an offence for any person to terminate a pregnancy unlawfully or allow termination of pregnancy at a facility which has not been approved.

This will impact on the lives of women in South Africa, because some women have resorted to using backyard facilities to terminate unwanted pregnancies. In some instances, these facilities have caused the death of some women. No adequate statistics are available in this regard, yet it is estimated that prior to the promulgation of the Choice of Termination of Pregnancy Act, many women lost their lives in this way. This amending Bill provides access to safe facilities of termination.

The amending Bill promises quality health care provisions to women who choose to terminate their pregnancies from the beginning to the end of the health service provision continuum. By so doing, it upholds the right of citizens, including women, to quality health care. Women are now guaranteed clinical observation following a termination of pregnancy. The Bill further ensures that women have the right to decide whether or not to have children, as this right is fundamental to their physical and psychological wellbeing.

To conclude, the changes made to the principal Act through the introduction of the amending Bill meet the objectives intended. On the whole, it upholds the constitutional right of all citizens, including women, to quality health care. It certainly ensures women’s best health care services by well- trained medical practitioners, institutions and facilities officially recognised to meet the stringent requirements of law to perform a termination of pregnancy. Thank you. Debate concluded.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Thank you, hon Masilo. That concludes the debate. I shall now put the question. The question is that the Bill be agreed to. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the House. Are all delegation heads present?

In accordance with Rule 71, I shall first allow provinces the opportunity to make their declaration of vote if they so wish.

I shall now proceed to the voting on the question. I shall do this in alphabetical order per province. Delegation heads must please indicate to the Chair whether they vote in favour or against or abstain from voting. Eastern Cape?

Ms B N DLULANE: Supports.

THE DEPUTY CHAIPERSON OF THE NCOP (Ms P M Hollander): Free State?

Mr C J VAN ROOYEN: Supports.

THE DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Gauteng?

Mr E M SOGONI: Elethu [Supports.] THE DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): KwaZulu-Natal?

Mr Z C NTULI: In favour.

THE DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Limpopo?

Ms H F MATLANYANE: Seconds.

THE DEPUTY CAHIRPERSON OF THE NCOP (Ms P M Hollander): Mpumalanga?

Ms F NYANDA: Mpumalanga supports.

THE DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Northern Cape?

Mr C M GOEIEMAN: Noord-Kaap ondersteun. [Northern Cape supports.]

THE DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): North West?

Mr Z S KOLWENI: North West ke a rona. [North West supports.]

THE DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Western Cape?

Mr N J MACK: Ondersteun. [Supports.]

THE DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Nine provinces voted in favour. I therefore declare the Bill agreed to in terms of section 65 of the Constitution.

Bill accordingly agreed to in accordance with section 65 of the Constitution.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Hon members, before I conclude these proceedings, I have an announcement to make, and this comes from the Chief Whip, that all provincial whips, party whips and representatives are to proceed to the National Assembly gallery for an in loco inspection on sitting arrangements for the sate of the nation address.

The Council adjourned at 14:40. ____

            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.

National Council of Provinces

The Chairperson

  1. Referral to Committees of papers tabled
1.      The following papers are referred to the Select Committee on
    Land and Environmental Affairs for consideration:

    (a)      General Notice No 1301 published in Government Gazette No
         30389 dated 19 October 2007: Nomination for the appointment of
         suitable persons as members on the Board of South African
         Weather Services (SAWS) in terms of the South African Weather
         Service Act, 2001 (Act No 8 of 2001).

    (b)      General Notice No 1024 published in Government Gazette No
         30418 dated 26 October 2007: Notice in terms of section 16 of
         the Marine Living Resources Act, 1998 (Act No 18 of 1998).

    (c)      General Notice No 1112 published in Government Gazette No
         30262 dated 5 September 2007: Proposed Guideline regarding the
         Determination of Bioregions and the Preparation and Publication
         of Bioregional Plans in terms of the National Environmental
         Management: Biodiversity Act, 2004 (Act No 10 of 2004).

    (d)      General Notice No 1108 published in Government Gazette No
         30269 dated 6 September 2007: National Norms and Standards for
         the Development of the Biodiversity Management Plans for
         Species (BMP-S) in terms of the National Environmental
         Management: Biodiversity Act, 2004 (Act No 10 of 2004).

    (e)      General Notice No 1109 published in Government Gazette No
         30263 dated 7 September 2007: Policy for the Development of a
         Sustainable Marine Aquaculture Sector in South Africa, in terms
         of the Marine Living Resources Act, 1998 (Act No 18 of 1998).

    (f)      General Notice No 1138 published in Government Gazette No
         30284 dated 11 September 2007: Notice to establish the National
         Framework in terms of section 7(1) of the National
         Environmental Management: Air Quality Act, 2004 (Act No 39 of
         2004).

    (g)      General Notice No 1146 published in Government Gazette No
         30293 dated 17 September 2007: Draft alien and invasive species
         regulations 2007, in terms of the National Environmental
         Management: Biodiversity Act, 2004 (Act No 10 of 2004).

    (h)      General Notice No 1147 published in Government Gazette No
         30293 dated 17 September 2007: Draft lists of exempted alien
         species, prohibited alien species and invasive species for
         which a permit is required under certain circumstances, in
         terms of the National Environmental Management: Biodiversity
         Act, 2004 (Act No 10 of 2004).

    (i)      Government Notice No 878 published in Government Gazette
         No 30310 dated 21 September 2007: Regulations for the
         prohibition of the use, manufacturing, import and export of
         asbestos and asbestos containing materials, in terms of the
         Environmental Conservation Act, 1089 (Act No 73 of 1989).


2.      The following paper is referred to the Select Committee on
    Security and Constitutional Affairs for consideration and report:

    (a)      Report of the Judicial Inspectorate of Prisons for 2006-
         2007 [RP 82-2007].

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.

COMMITTEE REPORTS

National Council of Provinces

  1. Report of the Select Committee on Security and Constitutional Affairs on the Annual Report and Financial Statements for 2006/2007 of the Department of Defence, dated 20 November 2007:

    The Select Committee on Security and Constitutional Affairs, having been briefed by the Department of Defence on its Annual Report and Financial Statements on Vote 21 for 2006-2007, including the Report of the Auditor-General on the Financial Statements of Vote 21 for 2006-2007, referred to it, reports that it has concluded its deliberations thereon.

                    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 Council of Provinces

  1. The Chairperson
(a)     Correspondence received regarding Nondzame Primary School,
    Groot Drakenstein.


    Referred to the Select Committee on Education and Recreation


(b)     Correspondence received from Mrs T P Gqabu.


    Referred to the Committee on Petitions and Members’ Legislative
    Proposals for consideration and report.

                      TUESDAY, 15 JANUARY 2008

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 (No 1/2/148) 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).

    (d) 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).

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

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

    (g) Government Notice No R. 1099 published in Government Gazette No 30486 dated 23 November 2007: Amendment of Schedule No 6 (No 6/11) Correction Notice in terms of the Customs and Excise Act, 1963 (Act No 91 of 1964).

  2. 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].

  3. 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).

                    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).

National Council of Provinces

The Chairperson

  1. Message from National Assembly to National Council of Provinces in respect of Bill passed by Assembly and returned to Council
(1)    Bill passed by National Assembly and returned for concurrence on
     17 January 2008:


     (a)      Choice on Termination of Pregnancy Amendment Bill [B 21B -
         2007] (National Council of Provinces – sec 76(2)).


    The Bill has been referred to the Select Committee on Social
    Services of the National Council of Provinces.

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].

                     FRIDAY, 18 JANUARY 2008
    

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

  1. Assent by President in respect of Bills
(1)    Diamond Export Levy Bill [B 22 – 2007] – Act No 15 of 2007
    (assented to and signed by President on 2 December 2007).


  2) Diamond Export Levy (Administration) Bill [B 23 - 2007] – Act No
     14 of 2007 (assented to and signed by President on 5 December
     2007).

  3) Adjustments Appropriation Bill [B 41 – 2007] – Act No 27 of 2007
     (assented to and signed by President on 7 December 2007).

TABLINGS

National Assembly and National Council of Provinces

  1. The Speaker and the Chairperson

    1) Report and Financial Statements of the Film and Publication Board for 2006-2007, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2006-2007.

                     FRIDAY, 25 JANUARY 2008
    

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

  1. Draft Bills submitted in terms of Joint Rule 159
(1)    South African National Water Resources Infrastructure Agency
     Limited Bill, 2007, submitted by the Minister of Water Affairs and
     Forestry. Referred to the Portfolio Committee on Water Affairs and
     Forestry and the Select Committee on Land and Environmental
     Affairs.

(2)    Renaming of High Courts Bill, 2007, submitted by the Minister
     for Justice and Constitutional Development. Referred to the
     Portfolio Committee on Justice and Constitutional Development and
     the Select Committee on Security and Constitutional Affairs.

(3)    Reform of Customary Law of Succession Bill, 2007, submitted by
     the Minister for Justice and Constitutional Development. Referred
     to the Portfolio Committee on Justice and Constitutional
     Development and the Select Committee on Security and Constitutional
     Affairs.

National Council of Provinces

The Chairperson

  1. Referral to Committees of papers tabled

    The following papers are referred to the Select Committee on Land and Environmental Affairs for consideration and report:

    (a) Agreement establishing the Africa Institute for the Environmentally Sound Management of Hazardous and Other Wastes, tabled in terms of section 231(2) of the Constitution, 1996.

    (b) Explanatory Memorandum to the Agreement establishing the Africa Institute for the Environmentally Sound Management of Hazardous and Other Wastes.

TABLINGS

National Assembly and National Council of Provinces

  1. The Speaker and the Chairperson

    (a) Report of the Auditor-General on the management and provision of official accommodation to staff at the Department of Defence – November 2007 [RP 252-2007].

    (b) The President of the Republic submitted the following letter dated 30 November 2007 to the Chairperson of the Joint Standing Committee on Defence informing Members of the Joint Standing Committee on Defence of the employment of the South African National Defence Force for a service in co-operation with the South African Police Service during the 2010 FIFA World Cup preliminary draw:

    EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE FOR A
    SERVICE IN CO-OPERATION WITH THE SOUTH AFRICAN POLICE SERVICE
    
    
    This serves to inform the Joint Standing Committee on Defence that
    I have authorised the employment of the South African National
    Defence Force (SANDF) personnel, for a service in co-operation with
    the South African Police Service in preventing and combating of
    crime and maintenance and preservation of law and order during the
    2010 FIFA World Cup preliminary draw.
    
    
    This employment is authorised in accordance with the provisions of
    section 201(2)(a) of the Constitution of the Republic of South
    Africa, 1996, read with section 93 of the Defence Act, 2002 (Act No
    42 of 2002).
    
    
    A total of one hundred and twenty (120) SANDF members were employed
    as from 17 November to 27 November 2007.
    
    
    I will communicate this report to the members of the National
    Council of Provinces and of the National Assembly, and wish to
    request that you bring the contents hereof to the attention of the
    Joint Standing Committee on Defence.
    
    
    signed
    TM Mbeki
    
  2. The Minister for Justice and Constitutional Development

    Report in terms of section 13(4A)(b) of the Magistrates Act, 1993 (Act No 90 of 1993): Withholding of remuneration of Magistrate M K Chauke, an additional Magistrate at Pretoria.

  3. The Minister of Environmental Affairs and Tourism

Report and Financial Statements of Marine Living Resources Fund for
2006-2007, including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2006-2007.

National Council of Provinces

  1. The Chairperson
The President of the Republic submitted the following letter dated 30
November 2007 to the Chairperson of the National Council f Provinces
informing Members of the National Council of Provinces of the
employment of the South African National Defence Force for a service in
co-operation with the South African Police Service during the 2010 FIFA
World Cup preliminary draw:


EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE FOR A SERVICE IN
CO-OPERATION WITH THE SOUTH AFRICAN POLICE SERVICE


This serves to inform the National Council of Provinces that I have
authorised the employment of the South African National Defence Force
(SANDF) personnel, for a service in co-operation with the South African
Police Service in preventing and combating of crime and maintenance and
preservation of law and order during the 2010 FIFA World Cup
preliminary draw.


This employment is authorised in accordance with the provisions of
section 201(2)(a) of the Constitution of the Republic of South Africa,
1996, read with section 93 of the Defence Act, 2002 (Act No 42 of
2002).


A total of one hundred and twenty (120) SANDF members were employed as
from 17 November to 27 November 2007.


I will communicate this report to the members of the National Assembly
and the Chairperson of the Standing Committee on Defence, and wish to
request that you bring the contents hereof to the attention of the
National Council of Provinces.


signed


TM Mbeki
  1. The Minister for Provincial and Local Government
Government Notice No 1172 published in Government Gazette No 30584
dated 19 December 2007: Draft regulations for public comment, made in
terms of sections 19 and 20 of the Municipal Property Rates Act, 2004
(Act No 6 of 2004).


Referred to the Select Committee on Local Government and Administration
for consideration.

COMMITTEE REPORTS

National Assembly and National Council of Provinces

  1. Report of the Joint Standing Committee on Defence (JSCD) on Oversight Visit the South African Army Combat Training Centre, Lohatla, Northern Cape
1.      Introduction

The Joint Standing Committee on Defence is mandated to monitor the
morale and well-being of the South African National Defence Force
(SANDF). This includes monitoring the training of soldiers and the
conditions of the infrastructure of the SANDF.


Nine SANDF soldiers were killed and 15 wounded on Friday, October 12,
2007 during a training exercise at the South African Army Combat
Training Centre in Lohatla, Northern Cape.


The Committee, as part of its mandate and Parliamentary
responsibilities, undertook an oversight visit to the South African Army
Combat Training Centre in Lohatla, Northern Cape, on Wednesday October
24, 2007 to try and establish what happened and what could be done to
prevent such incidents occurring in future.

2.      Composition of Delegation

• Dr E A Schoeman, Chairperson and Leader of Delegation (ANC)
• Mr. M S Booi (ANC)
• Mr O R Monareng (ANC)
• Ms P Daniels (ANC)
• Mr J Schippers (ANC)
• Mr. S B Ntuli (ANC)
• Mr Sayedali-Shah (DA)
• Rev N W Ngcobo (ANC)
• Mr A L Moseki  (NCOP -ANC)
• Mr J Ramrock ( Committee Secretary)

3.      Findings.


    3.1 Waterkloof Air Force Base


    The Delegation, which consisted of Members of the Portfolio
    Committee on Defence as well, met and interacted with families of
    the deceased at the Waterkloof Air Force Base, Pretoria, and then
    proceeded to the Memorial Service in Kimberly.


    3.2 Memorial Service, Kimberly.


    The Minister of Defence, M P Lekota, in addressing the memorial
    service, extended the condolence of Government and the country to
    family and friends of the fallen soldiers. He assured them that a
    full investigation will be conducted to establish what happened and
    what can be done to prevent such accidents in future.
    The Delegation also addressed compatriots of the departed and shared
    words of comfort and encouragement and reminded them of their
    importance to the country and our democracy.


    3.3 Lohatla Military Base.


    The Delegation together with family members of the deceased, visited
    the South African Army Combat Training Centre, Lohatla, for an in-
    loco inspection where the accident occurred. The Officer Commanding
    of the base briefed the Delegation on the accident and what could
    possibly have gone wrong.
    Members were also reminded that a full investigation will be
    conducted and that a report will be provided to the Committee on the
    outcome.


4.      Conclusion

The Committee, mindful of the fact that an investigation is in progress
to try and find answers to the cause of the incident, will await the
conclusion of the process and the outcome of the report.
  1. Report of the Joint Standing Committee on Defence (JSCD) on Oversight Tour to Makhado Air Force Base, Limpopo
1.      Introduction

 Chapter two of the White Paper on Defence, dealing with matters on
 human resource, outlines and mandates the Joint Standing Committee on
 Defence to carry out certain tasks with respect to:


           • transformation within the SANDF
           • the integration of members of the SANDF
           • the recruitment and training of members
           • the moral and well being of members and
           • the condition of infrastructure.

 The Committee, as part of this mandate and its Parliamentary mandate,
 undertook an oversight visit to Makhado Air Force Base in Limpopo on 6
 August  2007.

2.      Composition of Delegation
           ▪ Mr S D Montsitsi, Chairperson and Leader of Delegation
             (ANC)
           ▪ Ms D M Seadimo (ANC)
           ▪ Mr N Diale (ANC)
           ▪ Ms P Daniels (ANC)
           ▪ Mr J Schippers (ANC)
           ▪ Mr J Ramrock ( Committee Secretary)


 3.     Findings.


 General C Gagiano, Chief of the Air Force, assisted by Brigadier
 General C J Delport, Officer Commanding Air Force Base Makhado,
 addressed the delegation on the history of the base. Makhado AFB was
 established in 1987, some 20 years ago. It is the second largest air
 force base in the country, behind Waterkloof AFB. Makhado AFB is a
 combat base that only operates with fighter aircraft and is recognized
 as center of excellence.
 The base plays an important strategic role in the SADC region.
 Neighboring countries like Angola and Zimbabwe participate in fighter
 training exercises conducted at this base. Border patrol operations are
 also performed, and have resulted in the arrest of countless illegal
 immigrants from for instance Zimbabwe.
 Serious breaches on security have been identified with aliens gaining
 access to the premises.
 Force preparations, so that individuals can be combat ready, is also
 done at the base.
 Some of the challenges faced included shortage of staff at the health
 center, scarcity of water and road transport. Discussions are on-going
 with the local authority with the laying of a water pipeline that will
 assist the base.


        3.1 Combat flying school.


        Lt Col D J Van der Linde, Officer Commanding Combat Flying
        School, addressed the delegation on the function of the school.
        The phasing out of the Cheetah training aircraft in 2005 has
        created a problem concerning combat training. Students are
        trained on the Cheetah in preparation for flying the recently
        acquired Gripen combat aircraft. It takes about 2 ½ years to
        complete training to fly the Gripen. The school presently has
        106 students. The most senior black within the Air Force is a
        major, who joined in 1994. All the instructors are white, while
        there are 45 black and 55 white technicians that have been
        trained, 5 of these are women. The demographics are slowly
        being corrected, but much work still needs to be done. The
        problem related to the small seat in the Hawk aircraft is being
        addressed to try and accommodate all students. Almost 250
        technicians resigned from the Air Force last year (2006), with
        most joining the private sector. Language proficiency, lack of
        computer skills and the type of psychometric testing done was
        identified as some of the major challenges faced by previous
        disadvantaged candidates who wanted to join the Air Force.
        The Air Force is under- funded and needs, at least, R1.2
        billion to be used on infrastructure. Interaction to address
        the budget challenge is currently taking place with DENEL.
        3.2 Air Servicing Unit.


        Lt Col D J Blom, Officer Commanding 3 Air Servicing Unit (ASU),
        addressed the Delegation on the role and functions of the Unit.
        One of the main aims of the Unit is to be the benchmark for
        aircraft maintenance in the SAAF. Clients include visiting
        squadrons from other countries. On avionics the Unit looks at
        fault isolation, fault verification, performance verification
        and repair. Some of the challenges facing the Unit include the
        sequence of construction of Gripen facilities vs Cheetah/Hawk
        support, the Cheetah phase-out period, scarcity of resources
        and the difficulty in retaining skilled staff.


        3.3 Tour of the Base.


        The Delegation was taken on a tour of the base which included
        visiting the Centralised Training Centre, the Operational
        Flight Trainer and the 2 Squadron.    Lt Col D Dormehl, Officer
        Commanding 2 Squadron, briefed the Delegation on the functions
        of the Squadron.
        Members observed attempts on integration but noted that
        transformation remains a challenge.
  1. Conclusion.

The Delegation commended the good work done at the Base and will continue to monitor progress that had been made to some of the challenges faced by the Base. The Committee also requested that the Inspector General ensures that problems that were identified at the Base are corrected.

                      TUESDAY, 29 JANUARY 2008

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

               CALLING OF JOINT SITTING OF PARLIAMENT

The Speaker of the National Assembly, Ms B Mbete, and the Chairperson of the National Council of Provinces, Mr M J Mahlangu, in terms of Joint Rule 7 (2), have called a joint sitting of the Houses of Parliament for Wednesday, 30 January 2008 at 14:00 to conduct a debate on the current national energy challenges.

B MBETE, MP M J MAHLANGU, MP SPEAKER OF THE CHAIRPERSON OF THE NATIONAL ASSEMBLY NATIONAL COUNCIL OF PROVINCES

TABLINGS

National Assembly and National Council of Provinces

  1. The Minister of Environmental Affairs and Tourism
(a)     Government Notice No 1147 published in Government Gazette No
    30537 dated 7 December 2007: Assignment of the Management of Mokala
    National park to south African National Parks (SANParks), in terms
    of the National Environmental Management: Protected Areas Act, 2003
    (Act No 57 of 2003).

(b)     General Notice No 1717 published in Government Gazette No 30534
    dated 7 December 2007: Publication of Policy on the Management of
    Seals, Seabirds and Shorebirds, in terms of the Marine Living
    Resources Act, 1998 (Act No 18 of 1998).

(c)     General Notice No 1718 published in Government Gazette No 30535
    dated 7 December 2007: Invitation to comment on the draft policy
    and application forms concerning the allocation and management of
    long term fishing rights in the Large Pelagic (Tuna and Swordfish)
    Sector - 2007, in terms of the Marine Living Resources Act, 1998
    (Act No 18 of 1998).

(d)     Government Notice No R.1187 published in Government Gazette No
    30568 dated 14 December 2007: Amendment of critically endangered,
    endangered, vulnerable and protected species list, in terms of the
    National Environmental Management: Biodiversity Act, 2004 (Act No
    10 of 2004).

(e)     Government Notice No R.1188 published in Government Gazette No
    30568 dated 14 December 2007: Threatened or Protected Species
    Amendment Regulations, in terms of the National Environmental
    Management: Biodiversity Act, 2004 (Act No 10 of 2004).

(f)     General Notice No 1767 published in Government Gazette No 30574
    dated 21 December 2007: Invitation to comment on the Draft Policy
    for the Transfer of Commercial Fishing Rights - 2007, in terms of
    the Marine Living Resources Act, 1998 (Act No 18 of 1998).

(g)     General Notice No 1197 published in Government Gazette No 30590
    dated 18 December 2007: Proclamation of the Fossil Hominid Sites of
    South Africa (Consisting of Fossil Hominid Site of Sterkfontein,
    Swartkrans, Kromdraai and the Environs, Taung Skull Fossil Site and
    Makapan Valley) in terms of the World Heritage Convention Act, 1999
    (Act No 49 of 1999).

(h)     General Notice No 1198 published in Government Gazette No 30590
    dated 18 December 2007: Proclamation of Robben Island as a World
    Heritage Site in terms of the World Heritage Convention Act, 1999
    (Act No 49 of 1999).

(i)     General Notice No 1199 published in Government Gazette No 30590
    dated 18 December 2007: Notice in connection with the Proclamation
    of uKhahlamba Drakensberg Park as a World Heritage Site in terms of
    the World Heritage Convention Act, 1999 (Act No 49 of 1999).

(j)     General Notice No 1200 published in Government Gazette No 30590
    dated 18 December 2007: Proclamation of Mapungubwe Cultural
    Landscape as a World Heritage Site in terms of the World Heritage
    Convention Act, 1999 (Act No 49 of 1999).

(k)     General Notice No 1201 published in Government Gazette No 30590
    dated 18 December 2007: Proclamation of Vredefort Dome as a World
    Heritage Site in terms of the World Heritage Convention Act, 1999
    (Act No 49 of 1999).

(l)     General Notice No 1202 published in Government Gazette No 30590
    dated 18 December 2007: Declaration of the Member of the Executive
    Council for Economic Development, Environment and Tourism, Limpopo
    Province as the Authority for Makapan Valley Serial World Heritage
    Site in terms of the World Heritage Convention Act, 1999 (Act No 49
    of 1999).

(m)     General Notice No 1203 published in Government Gazette No 30590
    dated 18 December 2007: Declaration of the North West Member of the
    Executive Council for Agriculture, Conservation and Environment as
    the Authority for the Taung Skull Fossil Site in terms of the World
    Heritage Convention Act, 1999 (Act No 49 of 1999).

(n)     General Notice No 1204 published in Government Gazette No 30590
    dated 18 December 2007: Declaration of the Member of the Executive
    Council for Sport, Arts and Culture, Northern Cape Province as the
    Authority for the Richtersveld Cultural and Botanical Landscape
    World Heritage Site in terms of the World Heritage Convention Act,
    1999 (Act No 49 of 1999).

(o)     General Notice No 1205 published in Government Gazette No 30590
    dated 18 December 2007: Declaration of the Kwazulu-Natal Nature
    Conservation Board as the Authority for the uKhahlamba Drakensberg
    Park World Heritage Site in terms of the World Heritage Convention
    Act, 1999 (Act No 49 of 1999).

(p)     General Notice No 1768 published in Government Gazette No 30575
    dated 21 December 2007: Publication of Policy on the Management of
    Seals, Seabirds and Shorebirds, in terms of the Sea Birds and Seals
    Protection Act, 1973 (Act No 46 of 1973).

(q)     Government Notice No 1141 published in Government Gazette No
    30542 dated 3 December 2007: Draft Regulations for the protection
    of Abalone (Haliotis) (wild), in terms of the Marine Living
    Resources Act, 1998 (Act No 18 of 1998).

(r)     Government Notice No 1123 published in Government Gazette No
    30518 dated 23 November 2007: Declaration of the Highveld as
    priority area in terms of section 18(1) of the National
    Environmental Management: Air Quality Act, 2004 (Act No 39 of
    2004).

National Council of Provinces

  1. The Chairperson
(a)     Notice of Intervention in the Impendle Municipality in terms of
    section 139 of the Constitution, 1996.


    Referred to the Select Committee on Local Government and
    Administration for consideration and report.


(b)     Notice of Intervention in the Amajuba District Municipality,
    the Umzinyathi District Municipality and the New Castle Local
    Municipality in terms of section 139 of the Constitution, 1996.


    Referred to the Select Committee on Local Government and
    Administration for consideration and report.


(c)     Correspondence received from the MEC for Local Government and
    Housing in the Province of Mpumalanga regarding an Intervention in
    the Mbombela Local Municipality in terms of section 139(1)(a) of
    the Constitution, 1996.


    Referred to the Select Committee on Local Government and
    Administration.


(d)     Correspondence received from the MEC for Local Government,
    Housing and Traditional Affairs in the Province of Kwazulu-Natal
    regarding an Intervention in the Greater Kokstad Municipality in
    terms of section 139(1)(a) of the Constitution, 1996.


    Referred to the Select Committee on Local Government and
   Administration.

                     WEDNESDAY, 30 JANUARY 2008

TABLINGS

National Assembly and National Council of Provinces

  1. The Minister of Finance
(a)     Government Notice No R.1090 published in Government Gazette No
      30491 dated 16 November 2007: Amendment of Schedule No 1 (No
      1/1/1348) in terms of Customs and Excise Act, 1964 (Act No 91 of
      1964).

(b)     Proclamation No 36 published in Government Gazette No 30508
      dated 30 November 2007: Commencement of sections 7(1)(m), 9(1) and
      34(1) of the Revenue Laws Second Amendment Act, 2006 (Act No 21 of
      2006).

(c)     Government Notice No R.1139 published in Government Gazette No
      30532 dated 30 November 2007: Amendment of Schedule No 1 (No
      1/1/149) in terms of Customs and Excise Act, 1964 (Act No 91 of
      1964).

(d)     Government Notice No R.1196 published in Government Gazette No
      30581 dated 14 December 2007: Amendment of Schedule No 2 (No
      2/294) in terms of Customs and Excise Act, 1964 (Act No 91 of
      1964).

(e)     Government Notice No 1207 published in Government Gazette No
      30592 dated 20 December 2007: Approval of allocations, in terms of
      the Division of Revenue Act, 2007 (Act No 1 of 2007).

(f)     Government Notice No R.1211 published in Government Gazette No
      30586 dated 21 December 2007: Amendment of Schedule No 2 (No
      2/295) in terms of Customs and Excise Act, 1964 (Act No 91 of
      1964).

(g)     Government Notice No R.1212 published in Government Gazette No
      30586 dated 21 December 2007: Amendment of Schedule No 2 (No
      2/296) in terms of Customs and Excise Act, 1964 (Act No 91 of
      1964).

(h)     Government Notice No R.1213 published in Government Gazette No
      30586 dated 21 December 2007: Amendment of Schedule No 3 (No
      3/624) in terms of Customs and Excise Act, 1964 (Act No 91 of
      1964).

(i)     Government Notice No R.1214 published in Government Gazette No
      30586 dated 21 December 2007: Amendment of Schedule No 3 (No
      3/625) in terms of Customs and Excise Act, 1964 (Act No 91 of
      1964).

(j)     Government Notice No R.1215 published in Government Gazette No
      30586 dated 21 December 2007: Amendment of Schedule No 3 (No
      3/626) in terms of Customs and Excise Act, 1964 (Act No 91 of
      1964).

(k)     Government Notice No R.1216 published in Government Gazette No
      30586 dated 21 December 2007: Amendment of Schedule No 3 (No
      3/627) in terms of Customs and Excise Act, 1964 (Act No 91 of
      1964).

(l)     Government Notice No R.1217 published in Government Gazette No
      30586 dated 21 December 2007: Amendment of Schedule No 4 (No
      4/310) in terms of Customs and Excise Act, 1964 (Act No 91 of
      1964).

(m)     Government Notice No R.1218 published in Government Gazette No
      30586 dated 21 December 2007: Amendment of Schedule No 5 (No 5/87)
      in terms of Customs and Excise Act, 1964 (Act No 91 of 1964).

                      MONDAY, 04 FEBRUARY 2008

TABLINGS

National Assembly and National Council of Provinces

  1. The Speaker and the Chairperson
(a)     Report of the Auditor-General on a performance audit of
    official housing at the South African Police Service – November
    2007 [RP 252-2007].
  1. The Minister of Finance
(a)     Report and Financial Statements of the Financial Services Board
    on the Registrar of Collective Investment Schemes for the year
    ended 31 December 2006 [RP 250-2007].

(b)     Report of the South African Statistics Council for 2006-2007
    [RP 238-2007].

(c)     Government Notice No R.1228 published in Government Gazette No
    30601 dated 21 December 2007: Amendment of Schedule No 1 (No
    1/1/1350) in terms of Customs and Excise Act, 1964 (Act No 91 of
    1964).

(d)     Government Notice No R.1229 published in Government Gazette No
    30601 dated 21 December 2007: Amendment of Schedule No 1 (No
    1/1/1351) in terms of Customs and Excise Act, 1964 (Act No 91 of
    1964).

(e)     Government Notice No R.1230 published in Government Gazette No
    30601 dated 21 December 2007: Amendment of Schedule No 1 (No
    1/1/1352) in terms of the Customs and Excise Act, 1664 (Act No 91
    of 1964).

(f)     Government Notice No R.1231 published in Government Gazette No
    30601 dated 21 December 2007: Amendment of Schedule No 10 (No
    10/11) in terms of Customs and Excise Act, 1964 (Act No 91 of
    1964).

(g)     Government Notice No R.1232 published in Government Gazette No
    30601 dated 21 December 2007: Amendment of Schedule No 3 (No 3/628)
    in terms of Customs and Excise Act, 1964 (Act No 91 of 1964).

(h)     Government Notice No R.1253 published in Government Gazette No
    30601 dated 21 December 2007: Amendment of Schedule No 1 (No
    1/1/1354) in terms of Customs and Excise Act, 1964 (Act No 91 of
    1964).

(i)     Government Notice No R.1 published in Government Gazette No
    30627 dated 1 January 2008: Amendment of regulations, in terms of
    the Banks Act, 1994 (Act No 94 of 1990).

(j)     Government Notice No R.3 published in Government Gazette No
    30629 dated 1 January 2008: Regulations relating to banks, in terms
    of the Banks Act, 1994 (Act No 94 of 1990).

(k)     Government Notice No R.4 published in Government Gazette No
    30631 dated 1 January 2008: Amendment of Schedule No 1 (No
    1/1/1353) in terms of Customs and Excise Act, 1964 (Act No 91 of
    1964).

(l)     Government Notice No R.5 published in Government Gazette No
    30631 dated 1 January 2008: Amendment of Schedule No 3 (No 3/629)
    in terms of Customs and Excise Act, 1964 (Act No 91 of 1964).

(m)     Government Notice No R.6 published in Government Gazette No
    30631 dated 1 January 2008: Amendment of Schedule No 4 (No 4/311)
    in terms of Customs and Excise Act, 1964 (Act No 91 of 1964).

(n)     Government Notice No 7 published in Government Gazette No 30637
    dated 4 January 2008: Listing and delisting of public entities in
    terms of the Public Finance Management Act, 1999 (Act No 1 of
    1999).
  1. The Minister of Science and Technology
(a)     Report and Financial Statements of the National Advisory
    Council on Innovation for 2006-2007.

COMMITTEE REPORTS

National Council of Provinces

  1. Report of the Select Committee on Social Services on the Choice on Termination of Pregnancy Amendment Bill [B 21B – 2007] (National Council of Provinces – sec 76), dated 4 February 2008:

    The Select Committee on Social Services, having considered the Choice on Termination of Pregnancy Amendment Bill [B 21B – 2007] (National Council of Provinces – sec 76), referred to it and classified by the Joint Tagging Mechanism as a section 76(2) Bill, reports that it has agreed to the Bill.

                    TUESDAY, 6 FEBRUARY 2008
    

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

CREDA INSERT - T080206 – Insert 1 – PAGE 143

  1. Draft Bills submitted in terms of Joint Rule 159
(1)    Consumer Protection Bill, 2008, submitted by the Minister of
     Trade and Industry. Referred to the Portfolio Committee on Trade
     and Industry and the Select Committee on Economic and Foreign
     Affairs.

TABLINGS

National Assembly and National Council of Provinces

  1. The Speaker and the Chairperson
(a)     General Report of the Auditor-General on the Audit Outcomes of
    National and Provincial Departments, Public Entities and
    Constitutional Institutions for 2006-2007 [RP 226-2007].
  1. The Minister for Provincial and Local Government
(a)     Report and Financial Statements of the South African Local
    Government Association (SALGA) for 2006-2007, including the Report
    of the Auditor-General on the Financial Statements and Performance
    Information for 2006-2007 [RP 9-2008].
  1. The Minister of Water Affairs and Forestry
(a)     Report and Financial Statements of Ikangala 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.


(b)     Report and Financial Statements of Pelladrift Water Board 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.


 c) Report and Financial Statements of Bloem 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.


(d)     Report and Financial Statements of Amatola 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.


(e)     Report and Financial Statements of the Overberg 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.