National Council of Provinces - 23 September 2008
TUESDAY, 23 SEPTEMBER 2008 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 14:16.
The Acting Chairperson, (Ms P M Hollander) 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 D A WORTH: Deputy Chairperson, I wish to move the following motion:
That this Council –
(1) congratulates the South African Paralympic team on their magnificent achievements in Beijing, China;
(2) notes that the paralympic team won 30 medals, 21 of them gold; (3) further notes that the South African contingent consisted of only 61 athletes, whilst most countries had over one hundred, and yet South Africa ended in sixth place out of all the competing nations;
4) affirms what our superstar Oscar Pistorius, said, “You’re not
disabled by the disabilities you have, you are abled by the
abilities you have”; and
5) reiterates to all the dedicated athletes that took part in the 2008
Paralympic Games that they are truly an inspiration to us all.
Mr V V Z WINDVOЁL: Chair, I rise on a point of order because I couldn’t hear the other part of the motion due to the ugly tone of the hon member next to me. He should just apologise to the House. [Laughter.]
The ACTING CHAIRPERSON OF THE NCOP (Ms P M Hollander): Please switch off all cellphones. Hon Windvoël, that is not a point of order. You may continue, hon Worth.
Mr D A WORTH: Thank you, Chair. Once again, to all the dedicated athletes that took part in the 2008 Paralympic Games: You are truly an inspiration to us all.
Mr M A MZIZI: Thank you, Chairperson. I hereby give notice that at the next sitting of the NCOP, I shall move on behalf of the IFP:
That the Council –
1) notes with sadness that 13 members of a family were found dead in
their Dingleton home on the KwaZulu-Natal South Coast;
2) further notes that it is alleged that one of the family members, who
was a traditional healer, gave them some herbal medicine which is
suspected to be the cause of the death of the family members;
3) calls for a thorough investigation into the cause of the deaths,
including an analysis of the medicine that was consumed; and
4) sends its heartfelt condolences to the family and friends of the
deceased.
Me H LAMOELA: Agb Voorsitter, by die volgende sitting van die Huis sal ek voorstel:
Dat die Raad -
(1) kennis neem dat die plaaswerkers van die Breërivier, Witzenbergstreek, bevoorreg was om fondse ter waarde van R27 000 vir die opgradering van hul selfgemaakte rugbyveld te Breërivier te bekom;
(2) verder kennis neem dat dié skenking van R27 000 deur landbouboere van Breërivier self gemaak is;
(3) kennis neem en baie dankbaar is vir so ’n mooi gebaar, veral omdat die Departement van Sport se begroting relatief klein is en baie min aan plattelandse gemeenskappe se sportgeriewe bestee word; en
4) verder dank betoon dat die plaasboere van Breërivier so mildelik in
hul werkerskorps belê. (Translation of Afrikaans notice of motion follows.)
[Ms H LAMOELA: Hon Chairperson, at the next sitting of the House I shall move:
That the Council –
1) takes note that the farmworkers of the Breede River, Witzenberg
region, were privileged to acquire funding to the value of R27 000
with which to upgrade of their self-made rugby field at Breede
River;
2) further notes that this donation of R27 000 was made by agricultural
farmers of Breede River themselves;
3) has taken note of and is very grateful for such a wonderful gesture,
particularly because the budget of the Department of Sport is
relatively small and very little is spent on the sports facilities
of rural communities; and
4) further pays tribute to the farmers of Breede River for investing so
generously in their labour corps.]
The ACTING CHAIRPERSON OF THE NCOP (Ms P M Hollander): Are there any other notices of motion? None. Before I proceed, I would like to welcome the Minister for Justice and Constitutional Development. You are welcome, hon Mabandla.
CELEBRATION OF HERITAGE DAY
(Draft Resolution)
Ms D ROBINSON: Chairperson, I hereby move without notice:
That the Council –
1) notes that South Africans celebrate national Heritage Day on 24
September each year and that, in many cases, citizens are unaware of
our national symbols and do not understand their symbolism;
2) further notes that it is partly the responsibility of the Parliament
of the Republic of South Africa to ensure that all South Africans
are responsible citizens who engage in civic affairs and take an
interest in their nation;
3) calls on all members to take up this responsibility to encourage
activism, educate people about the role of the citizen and to inform
South Africans about the diversity of our national symbols and
heritage; and
4) affirms that Heritage Day is an important opportunity for such
educational initiatives.
Motion agreed to in accordance with section 65 of the Constitution.
FRAUDULENT ID DOCUMENTS
(Draft Resolution)
Ms B L NTEMBE: Chairperson, I move without notice:
That the Council –
1) notes that a complaint was received by the Independent Democrats
regarding a fraudulent identity document and that the document was
ready but not yet dispatched;
2) further notes that the document was used outside of the offices of
the Department of Home Affairs, not by the rightful owner, to open
accounts with chain stores and to make bank loans without being
dispatched out by Home Affairs;
3) expresses dismay at such occurrence at an office working with
sensitive documents of people, thereby causing Mr Shehzad of
Pretoria to be in a predicament; and
4) conveys its disappointment in the actions of negligence and/or
corruption or whatever the reason may be for this occurrence.
Motion agreed to in accordance with section 65 of the Constitution.
SUPPORT TO PEOPLE WITH DISABILITIES IN SPORT
(Draft Resolution)
Mnu D D GAMEDE: Sihlalo ngiphakamisa ngaphandle kwesaziso:
Ukuthi lo Mkhandlu –
(1) ucabanga ukuthi lesi siphakamiso noma sisondelene nalesi esike saphakanyiswa kodwa akusona;
(2) uhalalisela bonke abamaqembu kwezemidlalo abakhubazekile ngokubuyisa isithunzi sezwe, nokuvala ihlazo kwezemidlalo ngokuqoqa kwabo ubuthaphuthaphu izindondo zegolide nesiliva nezethusi eBeinjing;
(3) ucabanga ukuthi lokhu kufakazela ukuthi ngempela abantu abakhubazekile bafana nabo bonke abantu, futhi uma benikwe ithuba nokusekelwa imvamisa benza kangcono kakhulu kunabanye.
(4) ubona ukuthi izinhlangano zemidlalo ezinjengo-SAFA ne-SARFU nazo mazinike phela abakhubazekile amathuba futhi baveze ukuthi basebenzise amathalente kanye nengqondo yabo.
(5) ukholwa ukuthi ngempela iNingizimu Afrika ngeyabo bonke abantu futhi ezemidlalo kufanele zingabandlululwa. Ngiyophakamisa kanjalo. (Translation of isiZulu draft resolution follows.)
[Mr D D GAMEDE: Chairperson, I move without notice:
That the Council-
1) believes that even though this motion is closely linked to the
previously moved motion, it is not the same as that one;
2) congratulates the Paralympians for bringing back the dignity of the
country and also for lifting the flag of the country in sports high
by collecting many gold and silver medals in Beijing;
3) believes that this truly shows that people with disabilities are
like all other people, and if they are given a chance and support,
they usually do better than the able-bodied;
4) feels that sports organisations like the SA Football Association,
Safa, and the SA Rugby Union, Saru, should also give the opportunity
to people with disabilities to participate in sport; and
5) believes that South Africa truly belongs to all people and that
there should be no discrimination in sport.]
Motion agreed to in accordance with section 65 of the Constitution.
CONTEMPTIBLE TREATMENT OF NCOP MEMBERS
(Draft Resolution)
Kgoshi M L MOKOENA: Chairperson, I move without notice: That the Council –
1) notes with shock and disbelief that even after all the assurances,
honourable members of the Council are still undermined and treated
unfairly by some officials in this institution;
2) notes that its members were promised that from July this year
onwards, subsistence and travel, S & T and other benefits for
members would be improved;
3) further notes with shock that members of the Select Committee on
Local Government and Administration who undertook an oversight visit
to the Free State from 8 to 12 September 2008, in compliance with
section 139 of the Constitution to deal with intervention in two
municipalities, were each paid R215 for the five days that they were
away, i.e. R43 per day;
(4) realises that, upon enquiry, members were told that one official decided to deduct money from the S & T and use it to pay for meals for members of the committee;
(5) calls on its leadership to investigate the matter and report back to the Council within 30 days; and
(6) urges some of those officials to stop treating members of the Council with contempt.
Motion agreed to in accordance with section 65 of the Constitution.
SUSPENSION OF JOINT RULE 15(3) AND RULE 86(2) FOR PURPOSES OF DISPOSAL OF FINANCIAL MANAGEMENT OF PARLIAMENT BILL AND DRAFT MONEY BILL AMENDMENT PROCEDURE AND RELATED MATTERS BILL
(Draft Resolution)
Mr M A SULLIMAN: Chairperson, I move the motion printed in the name of the Chief Whip of the Council on the Order Paper, as follows:
That, for the purposes of disposal of the Financial Management of Parliament Bill and the Draft Money Bill Amendment Procedure and Related Matters Bill, the Council -
1) subject to the concurrence of the National Assembly, suspends Joint
Rule 15(3), which provides that if a proposal to establish a joint
committee is contained in draft legislation before a portfolio
committee, a select committee or a joint committee referred to in
Joint Rule 111, that committee must first refer the proposal to the
Joint Rules Committee for a report and recommendation before that
committee considers the proposal; and
2) suspends Rule 86(2), which provides that if a proposal to establish
a committee or other Council structure is contained in draft
legislation before a select committee, the select committee must
first refer the proposal to the Rules Committee for a report and
recommendation before it considers the proposal.
Question put: That the motion be agreed to.
The ACTING CHAIRPERSON OF THE NCOP (Ms P M Hollander): As there is no speakers list, I would like to inform hon members that only delegation heads or members authorised to vote on behalf of their provinces will participate in the voting.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Motion agreed to in accordance with section 65 of the Constitution.
REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISION OF COMMUNICATION- RELATED INFORMATION AMENDMENT BILL
(Consideration of Bill and of Reports thereon)
The MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Deputy Chairperson, hon members, comrades and friends, we are faced on a daily basis with the reality that crime syndicates, international drug smugglers and even common criminals make use of electronic communications systems, such as the Internet and cellular phones, to plan, facilitate and execute serious crimes. Therefore, it is our responsibility to implement measures to stop them.
In 2002, the principal Act, which is now to be amended, replaced the outdated Interception and Monitoring Prohibition Act of 1992 in order to put in place appropriate legislative measures to deal with advances in communication technology. The Act protects private communications by prohibiting the interception of all forms of communications.
Due to the prevalence of serious crime, the Act, however, makes provision for the interception and monitoring of communications in certain circumstances. The Act provides for checks and balances, by allowing for the interception of communications in respect of serious offences, but only after a judicial officer, a judge of the High Court who has been designated for this purpose, is satisfied that other investigative procedures have been applied and have failed to produce the required evidence, or reasonably appear to be unlikely to succeed if applied, or are likely to be too dangerous to apply in order to obtain the required evidence.
In short, what the Act does is to strike a balance between the right to freedom and security of all persons, which necessarily requires steps to combat crime, among others, and the right to privacy, which like most rights, could be infringed in very circumscribed circumstances. The measures provided for in the Act are intended to assist the law enforcement agencies in detecting, investigating and combating serious crimes.
The Bill is intended to assist the law enforcement agencies to intercept mobile cellular communications of suspected serious criminals. [Interjections.]
Ms J F TERBLANCHE: On a point of order: Deputy Chairperson, I would just like to know whether it is parliamentary for a member to read a newspaper while the Minister is speaking.
The ACTING CHAIRPERSON OF THE NCOP (Ms P M Hollander): Who is reading the newspaper? [Interjections.] Would you stop disturbing the Minister? Thank you. Hon Minister, you may continue.
The MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Deputy Chair, let me continue. This is a very serious piece of legislation and I would like all comrades to support us. This intention can only achieve its full potential if there is a system in place in terms of which these criminals can be traced and identified. What is therefore required is a registration process to ensure that all sim cards and cellular phones can be traced back to a specific registered owner, who must be able to account for the use of the cellphone.
The ability to intercept communications and the importance of having in place appropriate measures and systems to do so are well illustrated by a recent Australian case which is referred to as Australia’s biggest terrorism trial. In this case a conviction was secured on the strength of evidence which included intercepted communications.
While the Act now provides for a paper-based registration process, the Bill envisages an electronic registration process which would make it easier for law enforcement agencies to obtain the information as it would be recorded and stored centrally and would also be more readily available. It is important to remember that the Bill originated from a request made by the three mobile cellular operators, namely Cell C, Vodacom and MTN.
They requested government not to proceed with the implementation of sections 40 and 62(6) of the Act in terms of which persons who sell cellular phones or sim cards are required to record and store certain information of their customers. While the Bill also requires the recording and storing of information, similar to what is required in the Act now, it does so by making use of an electronic solution. The Bill has been debated at length, in and outside Parliament. The law enforcement agencies, the Department of Communications, and the mobile cellular operators have been involved in this process. The Justice Portfolio Committee and the select committee have adapted the Bill in numerous respects. The nature of the Act, and therefore also the Bill, dealing with the interception of information transmitted through electronic communications systems, calls for detailed and technical provisions, as is evident in the principal Act and the Bill.
As I have already indicated, the Bill is aimed mainly at the registration and verification of certain particulars of owners of cellular phones and sim cards. Failure to register will result in customers not having access to cellular phone services. In an attempt to ensure that access to cellular phone services is not affected negatively, the Bill contains a number of new definitions in clause 1. These are intended to cater for poor persons who live in outlying areas and who rely on cellular phone services for access to numerous basic services; for instance, to obtain information about pension payouts, child maintenance and cellular phone banking, amongst others.
Allow me to highlight three significant amendments made by the select committee, or perhaps I should actually leave this to the select committee to introduce. I would like to say that I am here to endorse the amendments that have been proposed by the select committee. Let me just say that I have been assured that given the inputs that were made by all stakeholders, which led to the refined amendments that we have before us, and the fact that they relied on good information, the amendments would be feasible. In other words, at implementation, the Act would be feasible.
Let me say though that in the context of the current review of the criminal justice system, the Justice, Crime Prevention and Security, JCPS, cluster should consider establishing mechanisms for the monitoring of the practical application of the Act by the law enforcement agencies. Colleagues, we simply cannot afford to have a flaw in this legislation which could be used by criminals with gay abandon. Should the need arise, we may have to revisit this issue.
I realise the importance of preparing properly for the implementation of the Bill, and hence I have noted with appreciation the report of the select committee which states that, every six months, after the implementation of the Bill, the following must be monitored: Progress made regarding the implementation; challenges encountered in this regard; and possible solutions for challenges experienced.
Let me then conclude by saying that my plea to all stakeholders today is to facilitate the expeditious enactment of this Bill. We need to use all measures at our disposal to fight crime, and every day that this Bill is delayed is an extra day for criminals to use the gaps in the Act to their advantage when planning and executing crimes. We must not allow that. Let us all commit to ensuring that we facilitate the ratification and passing of this Bill in this House.
I would like to express my appreciation to Kgoshi Mokoena, the chairperson of the select committee, and the committee members for their in-depth deliberations on the Bill. I thank you. [Applause.]
Kgoshi M L MOKOENA: Chairperson, finally we have the Regulation of Interception of Communications and Provision of Communication-related Information Amendment Bill before this House. The committee would like to thank the hon Minister for her support and co-operation with the committee during the processing of this Bill.
There were times when the committee did not comprehend some of the policy issues in the Bill. When approached, the Minister was not only willing to assist and advise us, but also showed a willingness to be persuaded to understand the views of the committee. That is the kind of leadership we are enjoying in this Parliament and in our movement.
There were times when the Bill was nearly thrown into the dustbin, but because of the kind of cadre we have in the Minister, the Bill was brought back and reached the stage in which it is now. Thanks to you, Comrade Bri, hon Minister.
The committee effected amendments to provisions of this Bill dealing with roaming, after extensive consultation with the departmental officials and relevant stakeholders. Amongst the many reasons for not including a provision on international roaming in this Bill is that it would have a negative impact on the tourism industry and the fact that roaming is only possible on a contract cellular phone. This would make it impossible to implement the provision and the nature of roaming, in our view, was going to add to the burden of our police officers who are expected to monitor the implementation thereof.
The hon Minister has already explained what this Bill is all about. I am glad that the hon Minister, as well, understood why the committee had to bring some of these amendments to this Bill. I am happy to say that all the amendments, as proposed by this committee, were canvassed to our colleagues in the National Assembly, and they were excited and happy to receive and endorse them.
As you have heard, this Bill aims to amend the Regulation of Interception of Communications and Provision of Communication-related Information Act, Act 70 of 2002, in order to regulate the electronic capturing of certain personal information of persons that are in possession of cellular phones and even sim cards.
The Bill also provides for offences, penalties and other sanctions in the event of noncompliance. Members will remember that another reason for these amendments is to move away from paper-based registration to the electronic registration, as was rightly captured by the hon Minister.
In other words, all of us who own cellphones would have to register our cellular phones immediately when this Bill becomes an Act. In the original Bill it was expected that you register your cellular phones, handset, serial number and all those other things.
But the committee felt this would be more of a burden than one would imagine and that would present serious challenges to our poor people out there, and would be an unnecessary burden to the police officers who would be expected to monitor whether all subscribers are complying with all requirements. The SA Police Service was also concerned about these requirements and they agreed with the committee’s amendments or views.
The hon Moseki will deal with issues related to law enforcement in this Bill. Therefore, let me avoid those issues because he is better placed as a legal guru, as a bush lawyer, in our committee to deal with it.
With this Bill, we are also stopping all law enforcement agencies who are intercepting communication and related information illegally.
The other questions that we as a committee had to deal with were: What’s going to happen to child-headed families who own cellular phones that were left behind by their late parents? Will they be expected to go through all the requirements in order to register their cellular phones and other gadgets? What about those poor women in rural areas who are staying far from towns? How are they going to register?
Again, our expert on this topic is none other than hon Ntuli, who is not just a cadre and an activist in fighting for poor people, but also an expert in ensuring that people are not just being compromised for the sake of it. He is in a better position to deal with this topic.
Service providers are given 18 months to register all their subscribers. The department, as already said by the hon Minister, together with the service providers will report to Parliament on progress made or on whatever challenges they might be facing.
One other issue that took much of our time, as I’ve said earlier on, is the question of roaming. When the Bill was originally presented to the committee, it had included provisions around the registration of roaming cellular phones. But, as the committee, we felt that these requirements were too onerous on foreign tourists or even on our own citizens who are living abroad.
One of the reasons why the committee rejected the registration of roaming cellular phones was that the police were uncomfortable with the impact of such a provision, and Parliament – you will agree with me – cannot legislate on matters that the police would not be able to monitor or police.
A major concern was the impact that such a provision would have on visitors to our country, especially with the advent of the Soccer World Cup in 2010. We felt that foreign visitors, once within the borders of our country, are required to be cleared when they pass through our customs, a process that can be lengthy and time-consuming. To then require these visitors to undergo a similar registration process in order for them to roam on their cellular phones, would be unfair on them and would have a negative impact on us as a friendly country.
In most countries the practice is to allow visitors the freedom of roaming on their cellular phones and South Africa should not differ from this if we want to be regarded as a tourist-friendly country.
After a long discussion, I am happy to say, the departments and the committee are singing from the same hymn book. Thanks once more, hon Minister, for assisting us in all respects. Let me thank your officials, hon Minister, who were so prepared, dedicated and willing to assist the committee, and in this way helped us to gain a better understanding of this Bill. Hon Minister, I am talking about dedicated officials who are ready and prepared to go the extra mile. Those officials, Minister, are none other than Sarel, Ina and Lawrence. Hon Minister, if there are vacancies in which you can place them, don’t be ashamed or hesitate to promote them to higher positions.
Thanks to you, committee members, for showing an interest and being dedicated to the work at all the times in order to better the lives of our people. I have got a team that I am very proud of.
I want to appeal to the House to please do us a favour and make us smile by supporting this Bill once the debate has been concluded. [Applause.]
Mr Z C NTULI: Chairperson, hon Minister, hon Members of Parliament, Your Excellencies, comrades and friends, allow me to note that this Bill enhances the registration of citizens of our country. It reduces the burden on informal distribution centres and places the burden on the telecommunication service providers. However, this is done in a manner that is fair and just.
The Bill provides that a handset or a sim card would not be activated unless specific details of the subscriber have been obtained and stored. This means that when a person buys a handset or a sim card, such a person would be required to have the item or items registered before it can be used. With regard to a person who already has a handset or a sim card, his or her items would have to be registered at the registration centres within 12 months from the date of commencement of this legislation, failing which the owner of the handset and or the sim card would risk discontinuation of services.
While the initial version of this Bill provided for revoking of licences in the event of noncompliance, the final version doesn’t contain this provision. This provision was taken out because of uncertainty as to whether the Minister or the Independent Communications Authority of South Africa was vested with the power to revoke a licence.
This Bill has improved a lot in the area of registration compared to its initial stages. Despite this, section 56 of the Bill makes provision for specific sanctions in the event of noncompliance. There is no doubt that this Bill requires community awareness to educate people, and this requires that a significant amount of resources be made available.
It is noticeable that globalisation has created massive technological forms of communications. We would not have had this Bill today was it not for global technological advancement. Some people want these developments to favour the rich and the powerful, and therefore, technically, this Bill would be in the interests of big service providers. However, it should be noted that the Bill recognises the rapid growth of informal cellphone businesses and this sector seems to consist of community members.
Clause 2 of the Bill and its provisions require service providers to record their items in a manner that is conducive to their needs. This takes into account the conditions in which small business owners find themselves. It appears to acknowledge the conditions in informal settlements. It further recognises people’s relationships at family level. This Bill should therefore not constrain the developmental progress of our country. This is the road that must be accelerated to ensure that communication services are running smoothly and without hindrance.
There is no doubt that this Bill seeks to contribute to the development of poor communities. It further regulates street markets, bringing it in line with law and order.
The ANC’s Polokwane resolution emphasises that the plight of informal businesses needs a concerted support system and solidarity. The January 8 Statement and strategy and tactics make certain commitments in respect of building a caring society – this is a society that will allow all people to share the economic wealth. These goals will not be achieved without implementing a Bill of this nature. It should be implemented to ensure that communication services are regulated in a flexible manner that promotes consistency in policy. It should be done in line with our law and international instruments. It should be user-friendly.
In this regard, we rejected provisions in the Bill that appeared to limit individual rights to privacy and dignity. We also rejected provisions that appeared to promote rigidity and bureaucracy. No one should fear this Bill as it seeks to amend the weaknesses of the principal Act.
Communities and individuals involved in this area should be supportive of the effort by this House to ensure the implementation of this Bill. I request that the House supports the Bill.
Mr J W LE ROUX: Chairperson, hon Minister, when the clock struck 14:20 and you were not here, I thought maybe we had lost another Minister. [Laughter]. I was glad to see you, Minister.
Very few members in this Chamber will remember the speech the British Prime Minister Macmillan made in 1960 about “The wind of change”. I can promise you, the hurricane that is on its way now is going to change many things in South Africa.
The Bill before us was debated vigorously by our committee and was initially rejected in total. The stance the committee took on the Bill certainly set the cat amongst the pigeons. The chairperson and the committee must take full credit for applying their minds diligently and improving the Bill substantially. In this case, the committee was certainly no rubber stamp at all, and we must really thank our chairperson, Kgoshi Mokoena, for that.
The main object of the Bill is to assist law enforcement agencies to combat crime. Obviously, the committee was in full support of the main objects of the Bill. We all know what crime has done to our country, and any piece of legislation that can help to fight crime must be supported.
The main objections to the Bill in its original form, and the reasons why we rejected it and made the amendments, were first of all that it was virtually impossible for large service providers to comply with the requirements of the Bill. Small service providers would not have been able to comply at all.
Secondly, the question of roaming services was debated and was a serious problem. Visitors entering the country would have been greatly inconvenienced. The registration of cellphones at our ports of entry would have caused great delays and frustration. Our tourism industry would certainly have suffered as a result. Minister, we must thank you for a letter you wrote on 30 October 2007 in which you said – and which greatly assisted us - and I quote:
It is respectfully submitted that the envisaged registration process at ports of entry may not only be a source of great inconvenience for visitors to South Africa, but may also lead to congestion and delays at ports of entry.
It would have caused serious delays and embarassment, especially when we host events such as the 2010 Soccer World Cup.
Thirdly, the problem with ID identification to obtain a cellphone and the problem with street names and house numbers in informal settlements would also have affected over a million cellphone users negatively.
Fourthly, the cost of implementing the Bill was also not clear, and the additional cost to service providers would certainly have been passed on to cellphone users. We will have to watch very carefully as to what the eventual cost to the consumer is going to be.
Voorsitter, wat die bekamping van misdaad betref, is dit noodsaaklik dat diensverskaffers en die veiligheidsdienste te alle tye oor inligting van selfoongebruikers beskik. Die wet sal ons op dieselfde standaard plaas as die res van die wêreld. Voorsitter, die wetgewing is aansienlik verbeter en die DA ondersteun dit graag. (Translation of Afrikaans paragraph follows.)
[Chairperson, with regard to the fight against crime, it is necessary that service providers and the security forces have access to information of cellphone users at all times. This Act will place us on par with the rest of the world. Chairperson, this legislation has improved considerably and the DA gladly supports it.]
Mnu M A MZIZI: KuNgqongqoshe, unwele olude. Ibambe njalo Nkosazana, seliyangomtsha wendoda. Sihlalo, kuhlale kuthiwa njalo, abantu abacabanga ngokufana bakhuluma into eyodwa. (Translation of isiZulu paragraph follows.)
[Mr M A MZIZI: To the hon Minister, thank you. Hang in there, Madam, we are almost there. Chairperson, it is always said that people who think alike speak with one voice.]
I had a list of concerns from the IFP regarding this Bill. I have been in and out of the committee and therefore those amendments that I have listed – which basically reflect my own thoughts – have been suggested by us.
I am not misleading the House; it is indeed true that we were going to support the stated intention of the Bill, which is to combat crime, but we also mentioned that there are various provisions of the Bill that cannot be implemented. However, like-minded people always think alike.
Abafowethu uma belokhu bekhuluma sengiyathola ukuthi, hhayi bo! [Uhleko]Udaba elokuthi uNgqongqoshe nguyena kuphela osula ilayisense, saluchitha. Sengiyakuvuma ngempela ukuthi saluchitha. Udaba oboluthi … (Translation of isiZulu paragraph follows.)
[When the hon members were speaking I realised that something wrong. [Laughter.] The fact that it was only the Minister who could cancel licences, was rejected. I really agree with the fact that it was rejected. The …]
… matter relating to the handset prior to registration for purposes of international roaming is hugely problematic.
Ngiyakhumbula ukuthi impela sesalususa. Ngakho-ke Sihlalo, akusadingekile ukuthi ngibe ngilokhu ngisalandela okunye. Ngithi-ke cha, asenze lokuya nalokuyana kodwa nje ngingakusho kuNgqongqoshe okukhona futhi okwenzekayo … (Translation of isiZulu paragraph follows.)
[I remember that we rejected it. Therefore, Chairperson, it is unnecessary for me to follow up on other issues by saying let us do this and that and not mentioning things to the Minister that are already taking place …]
When people report the loss of their cellphones to the police, they are faced with a huge problem in that the police send them from pillar to post before they can register the loss. My question is: What happens if, in the process of reporting a stolen cellphone to the police, they cannot open a case or give you something as proof that you have reported the matter, and somebody uses the cellphone elsewhere? You cannot go to the police and claim that you have reported your cellphone as lost. So many things are involved here. For instance, you must now go to the subscriber and tell them about your loss. If it’s over the weekend, you can’t. If that could be looked into, then hurray! We would be very happy.
The IFP supports the Bill.
Mr W M DOUGLAS: Hon Chairperson, hon Minister, hon members, one major headache that causes a significant source of lost revenue to the telecommunications industry is telecommunication fraud, as it lowers customers’ confidence in the security of transactions available via the service operator.
This type of fraud is a significant problem which needs to be addressed, detected and prevented in the strongest possible manner. Popular examples of fraud in the telecommunication industry include subscription fraud, identity theft, Voice over Internet Protocol, VOIP, fraud, cellular cloning, billing and payment fraud on telecom accounts, prepaid and postpaid fraud and PBX fraud.
We see telecommunication being used more frequently in the commission of organised crime, heists and other very serious offences. And so, there is a need for the Regulation of Interception of Communications and Provision of Communication-related Information Amendment Bill which aims to govern the interception of certain communications, the monitoring of certain signals and radio frequency spectrums, and the provision of certain communication- related information.
The ACDP welcomes this Bill as it endeavours to provide an important weapon in the fight against organised crime, telecommunication fraud and terrorism.
To conclude, the ACDP would like to stress the point that the interception of certain communications, the monitoring of certain signals and radio frequency spectrums, and the provision of certain communication-related information should be conducted only to pursue the aims of law enforcement and not for some nefarious or corrupt purpose, or as a political tool.
It’s my hope that this Bill will provide more stringent measures to stop operators from using the technology at their disposal for political ends. The ACDP supports this Bill. I thank you.
Rre A L MOSEKI: Modulasetilo, Tona Mabandla, badirammogo kwa komiting, Kgoshi Mokoena le ba bangwe, ntlha ya ntlha ke tla bua ka tiro ya sepodisi sa rona mo go netefatseng gore Molaotlhomo o o o tla bong ele molao mo nakong e e sa fediseng pelo, e tsenngwa tirisong ka botlalo, mme e tswela batho ba rona mosola. Ntlha ya phisegelo e e botlhokwa ke gore disenyi, difelekwane tse di tsietsang batho ka go dirisa mafaratlhatlha a le melao e re e dirileng go tokafatsa matshelo a batho ba ga rona, ba se bone tšhono ya go tlhakatlhakanya setšhaba sa ga rona le go diga ekonomi. Ke ntlhakgolo e komiti e batla go bua ka yona.
Komiti ya re gore re kgone go tsenya Molaotlhomo o mo tirisong sentle, sepodisi sa rona se tshwanetse go dirisana le setšhaba le batho ba ba dirisang dicellphone le didirisiwa tsa tsone go itirela lotseno le bokamoso, go ba thusa go tshwara maferefere le difelekwane, Ntate Mzizi, tse di tlhakatlhakanyang.
Komiti ya re re na le cell C, mme MmaMabandla, le baabi ba ditirelo [service providers] ba le bararo ba o buileng ka bone, le baagi [community] ba rona le bao ba rekisang mo mebileng. Tirisanommogo ya sepodisi le baabi ba ditirelo tse, gore re tshware batlhakatlhakanyi ba, bomasenyeletsa, e tshwanetse go nna e e tseneletseng. Ke dintlha tse di botlhokwa tse komiti e di tlhagisitseng.
Mo ntlheng e nngwe e komiti e e tlhagisitseng, Ntate Mzizi le wena Modulasetulo, ke gore Aforika Borwa e na le Molaotheo [Constitution] o o re sireletsang rotlhe. Le fa Molaotheo o o re sireletsa rotlhe, go na le maferefere, difelekwane, bomabinagotsholwa, bomasenyeletsa, ba ba dirisang Molaotheo o go nyatsa tsamaiso e e siameng le kgolo ya Aforika Borwa.
Le fa re na le tshwanelo ya gore re nne le tshedimosetso, tshwanelo eo e tshwanetswe go tsamaisiwa ka tolamo; ope a seke a e dirisa go tlhakatlhakanya Aforika Borwa. Re dirise tshwanelo e ya rona ya gore re nne le tshedimosetso go thusa Aforika Borwa go gola jaaka temokerasi e e golang.
Komiti gape ya re ga go na ope yo e leng modiragatsi wa molao [law enforcement agency] yo o tshwanelwang ke go dirisa ditshwanelo tsa gore re bone tshedimosetso go batlisisa bomabinagotsholwa, bomasenyeletsa, go akaretsa le baagi ba ba nang le maikaelelo a go aga.
Ntlha e nngwe e e botlhokwa ke gore tshedimosetso e re nang le yone ya gore re bone basenyi e tshwanetse gore e tsamaisiwe ka tsela e e maleba. Mme komiti ya re re dirise ditšhono tse di leng teng tsa go nna le lefelo le le lengwe [central point] la go kokoanya tshedimosetso go bona gore basenyi ke bo mang, ka tsela e e maleba.
Ka jalo, ke ne ke re ke sedimose dintlha tse Kgoshi a rileng ke bue ka tsona, mme ke buile ka tsona. Jaanong ke batla go bua ka ntlha e nngwe ke e. (Translation of Setswana paragraphs follows.)
[Mr A L MOSEKI: Chairperson, Minister Mabandla, colleagues in the committee, Kgoshi Mokoena and other people present here. The first point that I would like to talk about here relates to the work done by our Police Service in order to ensure that this Bill is soon enacted into law, and implemented to benefit our people.
A burning issue is that criminals are using technology and our legal system which we have established to rob our community rather than improve the lives of our people. We must ensure that we deny them the opportunity to cause either confusion in our society or an economic downturn. That is the most important point that the committee wants to articulate.
The committee believes that for us to put this Bill to effective use, our Police Service needs to work hand in glove with the community. For this to be achieved, we request people using cellphones and other related accessories as a means to earn a living to help us catch crooks and criminals, Mr Mzizi, who rob our nation.
Mrs Mabandla, the committee acknowledges Cell C as well as the other three service providers that you mentioned, and our community including hawkers. We need co-operation between the police and these service providers to ensure that these criminals and defrauders are caught. These are important points that the committee has raised.
The other point the committee has presented, Mr Mzizi and Chairperson, is that South Africa has a Constitution that protects us all. Although the Constitution protects us all, there are crooks and tricksters who are waiting to jump on the bandwagon and defrauders who are using this Constitution to disrupt the smooth running and development of South Africa.
Even though it is our right to have access to information, it should be properly utilised, so that no one would be able to use it to create havoc in South Africa. We need to use this right of access to information to help South Africa grow as a developing democracy.
The committee further states that no law enforcement agency should misuse the right to access information by investigating people who jump on the bandwagon, such as defrauders, including people with good intentions.
It is also important to note that the information used to catch criminals should be used appropriately. The committee also feels that there is a need to use available resources to establish a central point and gather information in an appropriate manner about these criminals.
I just wanted to clarify some of the issues that Kgoshi raised earlier on, and I think I have done so. Furthermore I would like to talk about another issue.]
Mr Le Roux, very opportunistically so, thinks that the ANC is about to destroy itself. You are going to be very disappointed, let me assure you. Hence he is opportunistically talking about the ‘winds of change’, quoting Macmillan. Let’s assure you that this movement, the ANC, which has been here for almost 100 years, has survived difficult times and is going to survive now. Rest assured.
Those winds of change that you are talking about are winds of change that will be dictated by the ANC, and not by the DA or any of the opposition who are unable to add value in terms of our democratic development. Thank you very much. [Applause.] [Interjections.]
The MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Well, what can I say? This is one Bill where there is a lot of consensus. It’s a plus for fighting crime in our country. To my comrade, just to say that there is one area where you are in agreement with Mr Le Roux and that is that tribute should go to the committee under the fantastic and able leadership of Kgoshi Mokoena. I must say that I also concur that you have done good work but also want to add and say that I am aware of how overloaded you are. With regard to justice, you have to consider a lot of Bills and I know that you put in a lot of time as the select committee to actually address this challenge.
Baba uMzizi ngiyajabula uma ngikuzwa ukhuluma ngoba … [Hon Mzizi, I am so pleased to hear you talking because …]
I know how passionate you are about justice; how much you are committed to us in this country having an efficient justice system and I do know how well you have worked with the chairperson of this committee. I wasn’t aware that you had left the committee, but just to say to all of you, to my comrades, hon Ntuli and Manyosi…
Hhayi mina ngiyabonga vele injalo … [As far as I am concerned, I am grateful – it is like that …]
Mr Douglas, I hope that you will continue to work well in this committee. There are many very challenging Bills that will still come before you. Please assist with getting these Bills passed so that it can become legislation. Thank you. [Applause.]
Debate concluded.
Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.
MANDATING PROCEDURES OF PROVINCES BILL
(Consideration of Bill and of Report thereon)
Kgoshi M L MOKOENA: Chairperson, colleagues, comrades and friends, you will remember that some time back we came before the House and humbly requested to pass the Bill that provided for uniformity when provinces send mandates to this august House. When we brought that Bill before the House, we humbly requested you to please note that when provinces send us mandates, we are not going to allow those final mandates to be signed by chairpersons or any other person heading a committee any more.
When this Bill becomes an Act, all final mandates will be signed by the Speaker or any other person who has been designated by the Speaker. Negotiating mandates, of course, can be signed by the chairperson or any other person designated to do that. However, in terms of final mandates, it is now going to be a requirement that they be signed by the Speaker.
With this Bill, we are doing away with mandates that don’t have letterheads of provinces. We are, therefore, requesting provinces to support these amendments that have been agreed on by all provinces. I therefore want to humbly submit this Bill to the House for processing, and request that we accept the amendments as proposed by yours truly on behalf of the committee. I so move.
Debate concluded.
Question put: That the Bill be rejected.
Declaration of vote:
Kgoshi M L MOKOENA: With your permission, Chairperson, there is a whisper by members that they don’t understand what is going on. There were amendments from our colleagues in the National Assembly to the effect that all questions in this House were to get mandates. As you indicated, we are rejecting the amendments by our colleagues in the National Assembly. The Bill will be passed in the original form in which it was submitted by the select committee. If we accept the Bill with the amendments from our colleagues in the National Assembly, it will mean that for any other question in this House, we will have to get a mandate. That is not desirable; we cannot accept that. Thanks, Chairperson. [Interjections.]
The HOUSE CHAIRPERSON (Mrs M N Oliphant): Order, please! Order, please! Hon Watson! Thank you. We shall now proceed to the voting on the question.
Mr C J VAN ROOYEN: Chair!
The HOUSE CHAIRPERSON (Mrs M N Oliphant): Yes, hon member?
Mr C J VAN ROOYEN: Is it parliamentary for a member to say to another member in the House that he is silly?
The HOUSE CHAIRPERSON (Mrs M N Oliphant): Who said that?
Mr C J VAN ROOYEN: Hon Watson said that to hon Shiceka. Mr A WATSON: That is an untruth, Madam Chair. I didn’t say he is silly. I said he mustn’t be silly. The HOUSE CHAIRPERSON (Mrs M N Oliphant): Hon members, could we please proceed? We shall now proceed to the voting on the question. I shall do this in alphabetical order per province.
IN FAVOUR: Eastern Cape, Free State, Gauteng, Limpopo, Western Cape.
Bill accordingly rejected in accordance with section 65 of the Constitution.
NATIONAL ENVIRONMENT LAWS AMENDMENT BILL
(Decision of Question on Bill and of Report thereon)
Question put: That the Bill be agreed to.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Bill agreed to in accordance with section 65 of the Constitution.
NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE BILL
(Decision of Question on Bill and of Report thereon)
Question put: That the Bill be agreed to.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Bill agreed to in accordance with section 65 of the Constitution.
MINERAL AND PETROLEUM RESOURCES ROYALTY BILL
(Consideration of Bill and of Report thereon)
MINERALS AND PETROLEUM RESOURCES ROYALTY (Administration) Bill
(Consideration of Bill and of Report thereon)
Mr M O ROBERTSON: Chairperson, can I respond to hon Sulliman. We have had a lot of snow in the Eastern Cape and if they want veld for their cattle, then we will hire it out to them.
These Bills before the NCOP provide a legislative framework persuading extractors of mineral resources in South Africa to pay royalty. This royalty payment compensates for the loss of nonrenewable resources.
These Bills are outcomes of many drafts and have been extensively debated and relevant stakeholders have been consulted. The Mineral and Petroleum Resources Development Act, Act 28 of 2002, about the year that hon Adams was born, is the foundation for these pieces of legislation, which stipulate that all South Africans must benefit from its vast mineral resources.
The taxpayers will pay the value of the minerals mined, that is, gross sales less the transport costs between the seller and the buyer of the final mineral product. Resource rents or mineral royalties should be payable irrespective of whether or not mining companies are making a profit. The tax is based on the extraction of mineral deposits and not on the profitability of mines.
To ensure equitable royalty rates, and in response to requests for relief for marginal mines, a dual-formula based royalty rate structure has been proposed - one for refined and one for unrefined minerals.
Chairperson, oil and gas production will be subjected to the refined formula. Oil and gas have lower rates because South Africa does not have large deposits of these resources and prospecting for these resources is an ongoing activity.
The Mineral and Petroleum Resources Development Act, Act 28 of 2002, protects the right of certain communities to continue to receive community royalties. These community royalties will not be allowed as an offset against royalty payments to the state. The Select Committee on Finance does not agree with the many mining companies that such payments to communities are double royalties. Mining companies and communities are also encouraged, where deemed appropriate, to convert the interests of communities into equity.
These Bills also provide an administrative framework for the royalty payment. Extractors of mineral deposit must submit returns every six months. This system is similar to the VAT system and requires provisional payments in line with value extracted. Extractors must keep records for five years.
The Select Committee on Finance appeals to the NCOP to support these pieces of tax legislation. Thank you. [Applause.]
Debate concluded.
The HOUSE CHAIRPERSON (Mr T S Setona): That concludes the debate. I shall now put the question in respect of the Fifth Order. The question is that the Bill be agreed to. In accordance with Rule 63, I shall first allow political parties to make their declarations of vote, if they so wish. Is there any party that wishes to make a declaration of vote? There is none.
We shall now proceed to the voting on the question. Before I call the voting, please press button number one to confirm your presence. There should be lights flashing. Are your lights flashing? If not, the service officers will assist you.
Those in favour, please press button number four. Those against, press button number two. Those who abstain, press button number three. Have all the hon members voted?
HON MEMBERS: Yes!
The HOUSE CHAIRPERSON (Mr T S Setona): If any of the members have mistakenly pressed the incorrect button, please press the correct button. If any member is experiencing problems with voting, their vote will be recorded manually.
The voting will now close. Could the staff members submit the results?
Mr M A Sulliman: Chairperson, it has been brought to my attention that not all members have cast their votes. Can we rerun this process if possible?
The HOUSE CHAIRPERSON (Mr T S Setona): Those members who have not cast their votes can do so manually. You are quite correct. There is a procedure to deal with that and I have only 24 members that have voted and there are no abstentions.
Hon members, I have satisfied myself that all members have voted and all members – not the majority – have voted in favour. I therefore declare the Bill agreed to in accordance with section 75 of the Constitution. [Applause.]
Mineral and Petroleum Resources Royalty Bill agreed to in accordance with section 75 of the Constitution.
I shall now put the question in respect of the Sixth Order. The question is that the Bill be agreed to. In accordance with Rule 63, I shall first allow political parties to make their declarations of vote, if they so wish.
In the absence of any declaration, we shall now proceed to the voting on the question. Before I call on members to vote, please press button number one to confirm your presence. There should be lights flashing. Are your lights flashing? If not, the service officers will assist you.
Those in favour, please press button number four. Those against, press button number two. And those who abstain, press button number three. Have all members voted?
If any members have mistakenly pressed the incorrect button, please press the correct button. The voting will now close. Could the staff members submit the results?
I am not sure but there is one member who has not voted. I don’t know whether it is by omission, or whether it was done on purpose, or by abstention. Hon Mkono, according to our records you have not voted. I have to confirm whether or not it is due to a technical problem.
Mr D G MKONO: I thought I had voted because even my supervisors agreed, but I can always do it manually.
Mr J M SIBIYA: I also did not vote. The lights were not on and I did raise my hand, but I think these things are on strike.
The HOUSE CHAIRPERSON (Mr T S Setona): I will confirm that, hon Sibiya. Yes, you are right. Can you also vote on paper?
Ms B N DLULANE: Chairperson, the hon Whip from Gauteng is reading a newspaper in the House. [Interjections.]
The HOUSE CHAIRPERSON (Mr T S Setona): Hon member, it is the Whip of Gauteng – this is whipping by another Whip. Okay, hon members… [Interjections.]
Order! Hon members! The majority of members have voted in favour. I therefore declare the Bill agreed to in accordance with section 75 of the Constitution.
Mineral and Petroleum Resources Royalty (Administration) Bill agreed to in accordance with section 75 of the Constitution.
CONSIDERATION OF REPORT OF JOINT BUDGET COMMITTEE – EXPENDITURE FOR FIRST QUARTER 2008–09 FINANCIAL YEAR
Mr B J MKHALIPHI: Thank you very much, hon Chairperson. Good afternoon, colleagues. We wish to draw your attention to the report that appeared in the ATCs of 14 August 2008. This is the first quarterly report for the expenditure of departments. This report should be compared to concerns you have raised during the debates on the Budget Votes. Are all those matters and concerns that you have raised during these debates reflected in the expenditure patterns as shown in the departmental reports?
We also want to share with you and highlight that, earlier this year, the government of the day called upon all of us, departments and institutions alike, to engage in “business unusual”. Despite this clarion call by the government of the day, we note with disappointment, as reflected in this report, that there are departments that are just carrying on as usual. This calls upon us to put more effort and focus in our oversight responsibility, especially with regard to budget implementation. As we always say: Poor budget implementation may later lead to poor service delivery. As we approach the twilight of the term of this Parliament, we should not relax our efforts. This will be our legacy that we have to reflect on later. Thank you, hon members. [Applause.]
Debate concluded.
Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
GROUP PHOTO OPPORTUNITY FOR MEMBERS
The HOUSE CHAIRPERSON (Mr T S Setona): Hon members, before I adjourn the Council, I need to make one important announcement. Members are reminded that they are expected to meet at the entrance of the NCOP for a group photo. It is a very historic photo opportunity, which all members are expected to attend.
The Council adjourned at 16:04. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
FRIDAY, 22 AUGUST 2008 TABLINGS
National Assembly and National Council of Provinces
-
The Minister for Public Enterprises
a) Report and Financial Statements of Eskom Holdings Limited for 2007- 2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.
-
The Minister of Labour
a) Report and Financial Statements of Agriculture Sector Education and Training Authority for 2007-2008, including the Report of the Auditor- General on the Financial Statements and Performance Information for 2007-2008 [RP 67-2008].
b) Report and Financial Statements of the Finance, Accounting, Management Consulting and other Financial Services Sector Education and Training Authority for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 74-2008].
MONDAY, 25 AUGUST 2008
ANNOUNCEMENTS
National Council of Provinces
The Chairperson
-
The transmission for concurrence from the National Assembly to the National Council of Provinces of the Constitution Fifteenth Amendment Bill [B 63B – 2008] (National Assembly – sec 74) (see Announcements, Tablings and Committee Reports, 20 August 2008, p 1565), was incorrect and is hereby withdrawn.
In terms of section 74(5)(c) of the Constitution, 1996, a public debate on the Bill is to be conducted by the National Council of Provinces.
-
Classification of Bills by Joint Tagging Mechanism (JTM) (1) The JTM in terms of Joint Rule 160(3) classified the following Bills as section 75 Bills:
a) Methodist Church of Southern Africa (Private) Act Repeal Bill [B 68 – 2008] (National Assembly – sec 75) b) Dutch Reformed Churches Union Act Repeal Bill [B 69 – 2008] (National Assembly – sec 75). c) Apostolic Faith Mission of South Africa (Private) Act Repeal Bill [B 71 – 2008] (National Assembly – sec 75)
TABLINGS
National Assembly and National Council of Provinces
-
The Minister of Finance
(a) Local Government Budgets and Expenditure Review (2008), 2003/04 - 2009/10 [RP 113-2008].
-
The Minister of Labour
a) Report and Financial Statements of Productivity SA for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.
b) Report and Financial Statements Clothing, Textiles, Footwear and Leather Sector Education and Training Authority (CTFL-Seta) for 2007-2008, including the Report of the Auditor-General on the Financial Statements for 2007-2008 [RP 70-2008].
c) Report and Financial Statements of the Banking Sector Education and Training Authority (Bank-Seta) for 2007-2008, including the Report of the Auditor-General on the Financial Statements for 2007-2008 [RP 68-2008].
-
The Minister of Environmental Affairs and Tourism
a) 2007-2008 Yearly Report to Parliament in terms of section 26(1) of the National Environmental Management Act (NEMA), 1998 (Act No 107 of 1998).
b) 2005-2006 Yearly Report to Parliament in terms of section 26(1) of the National Environmental Management Act (NEMA), 1998 (Act No 107 of 1998). National Council of Provinces
-
The Chairperson
a) Policy Document in compliance with the provisions of Section 35 of
the Constitution, 1996.
Referred to the Select Committee on Security and Constitutional
Affairs for consideration and report.
b) Notice issued in terms of section 106(1)(b) of the Local
Government: Municipal Systems Act, 2000 (Act No 32 of 2000), on
allegations of corruption, maladministration and other
irregularities within Mkhondo Local Municipality.
Referred to the Select Committee on Local Government and
Administration for consideration.
c) Notice issued in terms of section 106 of the Local Government:
Municipal Systems Act, 2000 (Act No 32 of 2000) in the Pixley Ka
Seme Local Municipality.
Referred to the Select Committee on Local Government and
Administration for consideration.
d) Notice issued in terms of section 106 of the Local Government:
Municipal Systems Act, 2000 (Act No 32 of 2000) in Amajuba District
Municipality.
Referred to the Select Committee on Local Government and
Administration for consideration.
e) Tabling of the correspondence from Sidu and Nhlapo families of
Mpumalanga Province.
Referred to the Select Committee on Members Legislative Proposals.
f) Tabling of the correspondence from Ms Westraadt of Kwazulu-Natal
Province.
Referred to the Select Committee on Members Legislative Proposals.
(g) The President of the Republic submitted the following letter
dated 31 July 2008 to the Chairperson of the National Council of
Provinces informing Members of the Council of the employment of the
South African National Defence Force in Uganda, for service in
fulfilment of the International Obligations of the Republic of
South Africa towards the Republic of Uganda:
EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE IN UGANDA,
FOR SERVICE IN FULFILMENT OF THE INTERNATIONAL OBLIGATIONS OF THE
REPUBLIC OF SOUTH AFRICA TOWARDS THE REPUBLIC OF UGANDA
This serves to inform the National Assembly that I have authorised
the employment of the South African National Defence Force (SANDF)
personnel Uganda, in fulfilment of the international obligations of
the Republic of South Africa towards the Republic of Uganda, to
provide technical assistance in the destruction of explosives and
ammunition.
This employment was authorised in accordance with the provisions of
section 201(2)(c) 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 seven (7) SANDF members were employed as from 15 July
2008 to 30 November 2008 to assist in the destruction of explosives
and ammunition in Uganda.
I will communicate this report to members of the National Assembly,
and wish to request that you bring the contents hereof to the
attention of the National Council of Provinces.
Yours Sincerely,
signed
TM Mbeki
WEDNESDAY, 27 AUGUST 2008
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Classification of Bills by Joint Tagging Mechanism (JTM)
(1) The JTM in terms of Joint Rule 160(3) classified the following
Bill as a section 75 Bill:
(a) Bible Society of South Africa Act Repeal Bill [B 70 –
2008] (National Assembly – sec 75).
TABLINGS
National Assembly and National Council of Provinces
The Minister of Labour
(a) Report and Financial Statements of the Insurance Sector
Education and Training Authority (Inseta) for 2007-2008, including
the Report of the Auditor-General on the Financial Statements and
Performance Information for 2007-2008 [RP 79-2008].
(b) Report and Financial Statements of the Safety and Security
Sector Education and Training Authority (SAS-Seta) for 2007-2008,
including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2007-2008 [RP 84-2008].
c) Report and Financial Statements of the Manufacturing, Engineering
and Related Services Sector Education and Training Authority (MER-
Seta) for 2007-2008, including the Report of the Auditor-General on
the Financial Statements and Performance Information for 2007-2008
[RP 82-2008].
d) Report and Financial Statements of the Forest Industries Education
and Training Authority (FIETA) for 2007-2008, including the Report
of the Auditor-General on the Financial Statements and Performance
Information for 2007-2008 [RP 76-2008].
e) Report and Financial Statements of Department of Labour – Vote 16
for 2007-2008, including the Report of the Auditor-General on the
Financial Statements and Performance Information for 2007-2008 and
the Report of the Auditor-General on the Financial Statements and
Performance Information of the Sheltered Employment Factories for
2007-2008 [RP 60-2008].
f) Report and Financial Statements of Umsobomvu Youth Fund for 2007-
2008, including the Report of the Independent Auditors on the
Financial Statements for 2007-2008.
g) Report and Financial Statements of Transport Education and Training
Authority for 2007-2008, including the Report of the Auditor-
General on the Financial Statements and Performance Information for
2007-2008 [RP 87-2008].
h) Report and Financial Statements of Services Sector Education and
Training Authority for 2007-2008, including the Report of the
Auditor-General on the Financial Statements and Performance
Information for 2007-2008 [RP 88-2008].
i) Report and Financial Statements of Mining Qualifications Authority
for 2007-2008, including the Report of the Auditor-General on the
Financial Statements and Performance Information for 2007-2008 [RP
86-2008].
j) Report and Financial Statements of the Food and Beverages
Manufacturing Industry Sector Education and Training Authority for
2007-2008, including the Report of the Auditor-General on the
Financial Statements and Performance Information for 2007-2008 [RP
75-2008].
k) Report and Financial Statements of the Wholesale and Retail Sector
Education and Training Authority for 2007-2008, including the
Report of the Auditor-General on the Financial Statements and
Performance Information for 2007-2008 [RP 88-2008].
The Minister for Public Enterprises
Report and Financial Statements of Alexkor for 2007-2008, including the
Report of the Independent Auditors for 2007-2008.
The Minister of Environmental Affairs and Tourism
(a) Government Notice No 808 published in the Government Gazette No
31281 dated 1 August 2008: Intention to declare certain land
situated in the Harrismith and Bethlehem Registration Division, Free
State Area as part of the Golden Gate Highlands National Park, made
in terms of section 33(1)(a) of the National Environment: Protected
Areas Act, 2003 (Act No 57 of 2003).
(b) Government Notice No 835 published in the Government Gazette No
31301 dated 8 August 2008: National Moratorium on the trade of
individual Rhinoceros Horns within South Africa, made in terms of
section 57(2) of the National Environment: Biodiversity Act, 2004
(Act No 10 of 2004).
(c) Report and Financial Statements of the Isimangaliso Wetland Park
Authority for 2007-2008, including the Report of the Auditor-General
on the Financial Statements and Performance Information for 2007-
2008 and the Report of the Auditor-General on the Financial
Statements and Performance Information of the People and Parks
Development for 2007-2008.
National Council of Provinces
The Chairperson a) Notice issued in terms of section 106(1)(b) of the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000), on allegations of corruption, maladministration and other irregularities within Nkomazi Local Municipality.
Referred to the Select Committee on Local Government and
Administration for consideration.
COMMITTEE REPORTS
National Council of Provinces
- Report of the Select Committee on Economic and Foreign Affairs on the Minerals and Petroleum Resources Developement Amendment Bill [B 10D – 2007] (National Assembly – sec 75), dated 20 August 2008.
The Select Committee on Economic and Foreign Affairs, having considered the subject of the Minerals and Petroleum Resources Development Amendment Bill [B10D – 2007] (National Assembly – sec 75) referred to it, agrees to the Bill with proposed amendments as follows:
CLAUSE 8
1. On page 6, in line 38, to omit “prior written” and to substitute
“[the] prior written consent”.
2. On page 6, in line 44, to omit “the”.
CLAUSE 13
1. On page 8, in line 57, after “on” to insert “the”.
CLAUSE 19
1. On page 11, from line 9, to omit “(d) by the substitution for
subsection (3) of the following subsection:”. 2. On page 11, after line 9, to insert the following subsection:
“(d) by the substitution for subsection (3) of the following
subsection:”.
CLAUSE 21
1. On page 11, from line 40, to omit “and the right has become
effective” and to substitute “of the date on which the right
becomes effective.”.
CLAUSE 23
1. On page 12, in line 43, to omit the second “any”.
CLAUSE 34
1. On page 15, in line 47, after “works” to insert “that has ceased to
exist”.
2. On page 16, in line 15, to omit “healthy” and to substitute
“health”. 3. On page 16, in line 26, to omit “holder a permit or right” and to substitute “holder of a permit or a right”.
CLAUSE 37
1. On page 17, in line 10, after “works” to insert “that has ceased to
exist”.
2. On page 17, in line 24, after “works” to insert “that has ceased to
exist”.
CLAUSE 54
1. On page 20, in line 51, to omit the first “operation”.
CLAUSE 56
1. On page 21, in line 18 after "Office" to insert “within 60 days
after the permit has been issued”.
CLAUSE 57
1. On page 21, in line 33, after “accepted” to insert “and which
remains to be granted or refused”.
2. On page 21, in line 37, to omit “application and” and to substitute
“application”.
CLAUSE 68
1. On page 24, in line 44, after “days” to insert “of”.
CLAUSE 81
1. On page 27, in line 53, to omit “for deregistration for
deregistration of” and to substitute "for deregistration of the".
CLAUSE 82
1. On page 28, in line 25, to omit ”for the”.
-
Report of the Select Committee on Labour and Public Enterprises on the Skills Development Amendment Bill [B 49B – 2008], dated 26 August 2008:
The Select Committee on Labour and Public Enterprises, having considered the subject of the Skills Development Amendment Bill [B 49B - 2008] (National Assembly – sec 75), referred to it, reports that it has agreed to the Bill with a proposed amendment, as follows:
CLAUSE 4-
On page 4, in line 49, after “skills development” to insert “providers”.
THURSDAY, 28 AUGUST 2008 TABLINGS
-
National Assembly and National Council of Provinces
- The Minister of Labour
(a) Report and Financial Statements of the Commission for
Conciliation, Mediation and Arbitration (CCMA) for 2007-2008,
including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2007-2008 [RP 55-
2008].
(b) Report and Financial Statements of the Compensation Fund for
2007-2008, including the Report of the Auditor-General on the
Financial Statements and Performance Information for 2007-2008
[RP 64-2008].
(c) Report and Financial Statements of the Unemployment Insurance
Fund (UIF) for 2006-2006, including the Report of the Auditor-
General on the Financial Statements and Performance Information
for 2007-2008 [RP 201-2008].
2. The Minister for Public Enterprises
(a) Report and Financial Statements of the South African Forestry
Company Limited (SAFCOL) for 2007-2008, including the Report of the
Independent Auditors on the Financial Statements for 2007-2008.
FRIDAY, 29 AUGUST 2008
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
-
Assent by President in respect of Bills
1) Financial Intelligence Centre Amendment Bill [B 18B – 2008] – Act No 11 of 2008 (assented to and signed by President on 22 August 2008).
2) Cross-Border Road Transport Amendment Bill [B 51B – 2007] – Act No 12 of 2008 (assented to and signed by President on 22 August 2008).
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Labour (a) Report and Financial Statements of the National Economic Development and Labour Council (NEDLAC) for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.
(b) Report and Financial Statements of the Chemical Industries
Education and Training Authority (CHIETA) for 2007-2008,
including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2007-2008 [RP 69-
2008].
2. The Minister in The Presidency
(a) Report and Financial Statements of the International Marketing
Council of South Africa (IMC) for 2007-2008, including the Report
of the Auditor-General on the Financial Statements and Performance
Information for 2007-2008 [RP 144-2007].
3. The Minister of Environmental Affairs and Tourism
(a) Report and Financial Statements of South African Tourism for
2007-2008, including the Report of the Auditor-General on the
Financial Statements and Performance Information for 2007-2008.
b) Report and Financial Statements of the South African Weather
Service (SAWS) for 2007-2008, including the Report of the Auditor-
General on the Financial Statements and Performance Information for
2007-2008 [RP 197-2008].
(c) Report and Financial Statements of the South African National
Biodiversity Institute (SANBI) for 2007-2008, including the Report
of the Auditor-General on the Financial Statements and Performance
Information for 2007-2008.
4. The Minister of Home Affairs
(a) Annual Performance Plan (Revised) of the Department of Home
Affairs for 2007-2008.
COMMITTEE REPORTS
National Council of Provinces
-
Report of the Select Committee on Economic and Foreign Affairs on the Diplomatic Immunities and Privileges Bill [B 55B – 2008] (National Assembly – sec 75), dated 27 August 2008:
The Select Committee on Economic and Foreign Affairs, having considered the subject of the Diplomatic Immunities and Privileges Bill [B 55B – 2008] (National Assembly – sec 75), referred to it, reports that it has agreed to the Bill.
MONDAY, 1 SEPTEMBER 2008
TABLINGS
National Assembly and National Council of Provinces
-
The Speaker and the Chairperson
a) Report and Financial Statements of Parliament of the Republic of South Africa Vote 2 for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.
b) Report and Financial Statements of the Office of the Public Protector for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007- 2008 [RP 211-2008].
c) Report of the Public Protector on an Investigation into the Causes of Delays in the Administration of Criminal Appeals lodged by Prisoners [Report No 10 of 2008-2009].
d) Report of the Public Protector on Systematic Investigation into the Deficiencies with the Processing of Pension Benefits payable to Former Government Employees and their Dependants [Report No 11 of 2008-2009].
e) Report of the Public Protector on an Investigation into an Allegation of the Misappropriation of Public Funds by the Kungwini Local Municipality in the Gauteng Province [Report No 12 of 2008- 2009].
f) Report and Financial Statements of the Electoral Commission for 2007- 2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.
g) Report and Financial Statements of Parliament of the South African Human Rights Commission for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 89-2008].
-
The Minister of Education
(a) Report and Financial Statements of the Department of Education Vote 14 for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007- 2008 [RP 220-2008].
(b) Report and Financial Statements of the National Student Financial Aid Scheme for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.
(c) Report and Financial Statements of the South African Qualifications Authority for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 149-2008].
(d) Report and Financial Statements of the Education Labour Relations Council for 2007-2008, including the Report of the Auditor- General on the Financial Statements and Performance Information for 2007-2008 and the Report of the Auditor-General on the Transformation Fund of the Education Labour Relations Council for 2007-2008 [RP 136-2008].
(e) Report and Financial Statements of the Council on Higher Education for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007- 2008.
-
The Minister of Communications
Report and Financial Statements of Sentech Limited for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.
-
The Minister of Labour
a) Report and Financial Statements of the Local Government Sector Education and Training Authority for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 80-2008].
b) Report and Financial Statements of the Energy Sector Education and Training Authority for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 73-2008].
c) Report and Financial Statements of the Health and Welfare Sector Education and Training Authority for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 77-2008].
d) Report and Financial Statements of Education Training and Development Practices Sector Education and Training Authority for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 72-2008].
-
The Minister of Environmental Affairs and Tourism
Report and Financial Statements of the Marine Living Resources Fund for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 190-2008].
COMMITTEE REPORTS
National Council of Provinces
-
Report of the Select Committee on Economic and Foreign Affairs on the Competition Amendment Bill [B31B – 2008] (National Assembly – sec 75), dated 28 August 2008.
The Select Committee on Economic and Foreign Affairs, having considered the subject of the Competition Amendment Bill [B31B – 2008] ( National Assembly – sec 75) referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, agrees to the Bill with proposed amendments as follows:
CLAUSE 3-
On page 4, in line 10, to omit “these Acts” and to substitute “this Act, and that other national legislation”. CLAUSE 4
- On page 4, in line 35, to omit “parallel conscious” and to substitute “conscious parallel”.
-
On page 4, after line 42, to insert the following subsection:
“(2) For the purposes of subsection (1)(b) ‘conscious parallel conduct’ occurs when two or more firms in a concentrated market, being aware of each other’s action, conduct their business affairs in a cooperative manner without discussion or agreement.”
-
On page 4, in line 51, to omit “(2)” and to substitute “(3)”.
-
On page 4, in line 53, to omit “(4)” and to substitute “(5)”.
-
On page 5, from line 11, to omit “the Tribunal”.
-
On page 5, in line 12, to omit “(3)” and to substitute “(4)”.
-
On page 5, in line 16, to omit “(3)” and to substitute “(4)”.
-
On page 5, in line 17, to omit “(4)” and to substitute “(5)”.
CLAUSE 5 -
On page 5, in line 34, to omit “the National Assembly” and to substitute “Parliament”. CLAUSE 12
-
On page 8, from line 48, to omit subsection (2) and to substitute: “(2) For the purpose of subsection (1)(b), ‘knowingly acquiesced’ means having acquiesced while having actual knowledge of the relevant conduct by the firm.”.
-
On page 9, in line 7, after “subsection (4)”, to insert “,”.
-
On page 9, in line 27, to omit “in the absence of evidence to the contrary, conclusive” and to substitute “prima facie”.
TUESDAY, 2 SEPTEMBER 2008
-
TABLINGS
National Assembly and National Council of Provinces
-
The Minister of Labour
(a) Report and Financial Statements of the Tourism, Hospitality and Sport Education and Training Authority (Theta) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance information for 2007-2008 [RP 128-2008].
(b) Report and Financial Statements of the Information Systems,
Electronics and Telecommunications Technologies Sector Education
and Training Authority (ISETT-Seta) for 2007-2008, including the
Report of the Auditor-General on the Financial Statements and
Performance Information for 2007-2008 [RP 78-2008].
-
The Minister for Justice and Constitutional Development
a) Report and Financial Statements of the Legal Aid Board for 2007- 2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 97-2008].
-
The Minister of Trade and Industry
(a) Government Notice No 314 published in Government Gazette No 30886 dated 20 March 2008: AgriBEE Sector Charter on Black Economic Empowerment, in terms of the Broad-Based Black Economic Empowerment Act, 2003 (Act No 53 of 2003).
Please Note: The above item replaces entry 3(b) under Tablings of the Announcements, Tablings and Committee Reports of 29 July 2008, as published on page 1472.(b) Government Notice No 672 published in Government Gazette No 31145 dated 20 June 2008: International Trade Administration Commission of South Africa: Export control, in terms of the International Trade Administration Act, 2002 (Act No 71 of 2002).
(c) Government Notice No 776 published in Government Gazette No 31255 dated 18 July 2008: Framework for accreditation and verification by all Verification Agencies, in terms of the Broad- Based Black Economic Empowerment Act, 2003 (Act No 25 of 2003).
-
The Minister of Arts and Culture
(a) Report and Financial Statements of the South African State Theatre for 2007-2008, including the Report of the Auditor- General on the Financial Statements and Performance Information for 2007-2008 [RP 224-2008].
(b) Report and Financial Statements of the Msunduzi/Voortrekker and Ncome Museums for 2007-2008, including the Report of the Auditor- General on the Financial Statements and Performance Information for 2007-2008 [PR 160-2008].
(c) Report and Financial Statements of the National English Literary Museum for 2007-2008, including the Report of the Auditor- General on the Financial Statements and Performance Information for 2007-2008.
(d) Report and Financial Statements of the Market Theatre Foundation for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007- 2008 [RP 102-2008].
(e) Report and Financial Statements of Blind SA for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.
(f) Report and Financial Statements of the National Museum – Bloemfontein for 2007-2008, including the Report of the Auditor- General on the Financial Statements and Performance Information for 2007-2008.
(g) Report and Financial Statements of the Iziko Museums of Cape Town for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007- 2008 [RP 185-2008].
(h) Report and Financial Statements of the War Museum of the Boer Republics for 2007-2008, including the Report of the Auditor- General on the Financial Statements for 2007-2008.
(i) Report and Financial Statements of the National Film and Video Foundation (NFVF) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 176-2008].
(j) Report and Financial Statements of Artscape for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 189- 2008].
(k) Report and Financial Statements of The Freedom Park Trust for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.
(l) Report and Financial Statements of the William Humphreys Art Gallery for 2007-2008, including the Report of the Auditor- General on the Financial Statements and Performance Information for 2007-2008.
(m) Report and Financial Statements of Business and Arts South Africa (BASA) for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008 [RP 166-2008].
(n) Report and Financial Statements of the Natal Museum for 2007- 2008, including the Report of the Auditor-General on the Financial Statements for 2007-2008 [RP 158-2008].
-
The Minister of Environmental Affairs and Tourism
a) Report and Financial Statements of Vote 26 – Department of Environmental Affairs and Tourism for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 26 for 2007-2008 [RP 53-2008].
(b) Report and Financial Statements of the National Environmental Advisory Forum (NEAF) for 2007-2008 [RP 101-2008].
WEDNESDAY, 3 SEPTEMBER 2008
TABLINGS
National Assembly and National Council of Provinces
- The Minister for Public Enterprises
(a) Report and Financial Statements of Vote 30 – Department of
Public Enterprises for 2007-2008, including the Report of the
Auditor-General on the Financial Statements and Performance
Information of Vote 30 for 2007-2008 [RP 156-2008].
-
The Minister of Arts and Culture
(a) Report and Financial Statements of the Pan South African Language Board (PANSALB) 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 137-2008].
(b) Report and Financial Statements of the National Heritage Council for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 203-2008].
(c) Report and Financial Statements of The Playhouse Company for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.
(d) Report and Financial Statements of the Nelson Mandela National Museum for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007- 2008 [RP 202-2008].
(e) Report and Financial Statements of the Afrikaans Language Museum en Language Monument for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 161-2008].
(f) Report and Financial Statements of the South African Heritage Resources Agency (SAHRA) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 192-2008].
(g) Report and Financial Statements of the South African Library for the Blind for 2007-2008, including the Report of the Auditor- General on the Financial Statements and Performance Information for 2007-2008.
(h) Report and Financial Statements of the Northern Flagship Institution for 2007-2008, including the Report of the Auditor- General on the Financial Statements and Performance Information for 2007-2008 [RP 164-2008].
(i) Report and Financial Statements of the Windybrow Centre for the Arts for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.
National Council of Provinces
-
The Chairperson
(a) Report of the 39th Commonwealth Parliamentary Association (CPA) Africa Region Conference held in Livingstone, Zambia from 9 – 19 July 2008.
Copies of the report are available from the Office of the Clerk of the Papers.
COMMITTEE REPORTS
National Assembly and National Council of Provinces
- Report of the Joint Standing Committee on Defence on the employment of the South African National Defence Force (SANDF) in Uganda, the extension of employment of SANDF in Burundi and within the Republic of South Africa in co-peration with the South African Police Service (SAPS), dated 27 August 2008.
The Joint Standing Committee on Defence, having considered the letters
from the President on the employment of the South African National
Defence Force (SANDF) in Uganda, the extension of employment of the
SANDF in Burundi and extension of employment of SANDF for a service in
co-operation with the SAPS within the Republic of South Africa,
referred to the Committee, reports that it has concluded its
deliberations thereon.
THURSDAY, 4 SEPTEMBER 2008
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Foreign Affairs
(a) Treaty of Friendship and Partnership between the Republic of
South Africa and the Russian Federation, tabled in terms of section
231(2) of the Constitution, 1996.
(b) Explanatory Memorandum to the Treaty of Friendship and
Partnership between the Republic of South Africa and the Russian
Federation. National Council of Provinces
- The Chairperson
(a) Notice issued in terms of section 106 of the Local Government:
Municipal Systems Act, 2000 (Act No 32 of 2000): Thembisile Local
Municipality.
Referred to the Select Committee on Local Government and
Administration.
COMMITTEE REPORTS
National Council of Provinces
-
Report of the Select Committee on Economic and Foreign Affairs on the National Energy Bill [B 52D-2008] (National Assembly-sec 75), dated 2 September 2008:
The Select Committee on Economic and Foreign Affairs, having considered the subject of the National Energy Bill (B52D – 2008) (National Assembly-sec 75) referred to it, reports that it has agreed to the Bill.
-
Report of the Select Committee on Land and Environmental Affairs on the National Environmental Management: Integrated Coastal Management Bill [B40B-2007], dated 2 September 2008: The Select Committee on Land and Environmental Affairs, having considered the subject of the National Environmental Management: Integrated Coastal Management Bill [B40B-2007] (National Assembly – sec 76), referred to it, reports the Bill with amendments [B40C-2007].
-
Report of the Select Committee on Public Services on the Legal Succession to the South African Transport Services Amendment Bill [B 43B – 2008] (National Assembly – sec 75), dated 2 September 2008:
The Select Committee on Public Services, having considered the subject of the Legal Succession to the South African Transport Services Amendment Bill [B 43B – 2008] (National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports that it has agreed to the Bill.
-
Report of the Select Committee on Education and Recreation on the Intellectual Property Rights from Publicly Financed Research and Development Bill [B 46B - 2008] (National Assembly – Section 75), dated 3 September 2008:
The Select Committee on Education and Recreation, having considered the subject of the Intellectual Property Rights from Publicly Financed Research and Development Bill [B 46B – 2008] (National Assembly – Section 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports that it has agreed to the Bill with proposed amendments as follows:
Clause 4 1. On page 4, in line 3, after the second "the", to insert "regulations and any". Clause 10
1. On page 6, from line 30 up to and including line 31, to omit
"for as long as revenue are derived from such intellectual
property".
2. On page 6, in line 31, to omit "rights expire" and to substitute
"right expires".
FRIDAY, 5 SEPTEMBER 2008
ANNOUNCEMENTS
National Council of Provinces
- Referral to Committees of papers tabled
1. The following paper is referred to the Select Committee on
Labour and Public Enterprises and the Select Committee on Local
Government and Administration for consideration:
(a) Eskom’s 2008/09 tariff increase and amended pricing
structure subsequent to NERSA’s revision of the 2008/09 Eskom
price increase from 14,2% on 18 June 2008, tabled in terms of
section 42(2) of the Local Government: Municipal Finance
Management Act, 2003 (Act No 56 of 2003), and supporting
documents required in terms of section 42(3) of the same Act.
2. The following papers are referred to the Select Committee on
Finance for consideration:
a) Government Notice No 612 published in Government Gazette No
31116 dated 5 June 2008: Amendment of the framework for the
2010 FIFA World Cup Stadiums Development Grant published in
Government Gazette No 30978, in terms of the Division of
Revenue Act, 2008 (Act No 2 of 2008).
b) Government Notice No R.680 published in Government Gazette No
31176 dated 25 June 2008: Amendment of schedule No 2
(No.2/302), in terms of the Customs and Excise Act, 1964 (Act
No 91 of 1964).
c) Government Notice No R.681 published in Government Gazette No
31176 dated 25 June 2008: Amendment of schedule No 2
(No.2/303), in terms of the Customs and Excise Act, 1964 (Act
No 91 of 1964).
d) Government Notice No R.682 published in Government Gazette No
31176 dated 25 June 2008: Amendment of schedule No 2
(No.2/304), in terms of the Customs and Excise Act, 1964 (Act
No 91 of 1964).
e) Government Notice No 696 published in Government Gazette No
31180 dated 4 July 2008: Determination of public benefit
activities, in terms of the Income Tax Act, 1962 (Act No 58 of
1962).
f) Government Notice No 830 published in Government Gazette No
31190 dated 4 July 2008: Rate on the interest on government
loans, in terms of the Public Finance Management Act, 1999 (Act
No 1 of 1999).
g) Proclamation No 28 published in Government Gazette No 31246
dated 14 July 2008: Transfer of the administration of the Land
and Agricultural Development Bank Act, 2002 (Act No 15 of 2002)
(the Act) and powers and functions entrusted by the Minister
responsible for Agriculture to the Minister of Finance, in
terms of section 97 of the Constitution of South Africa, 1996.
h) Government Notice No R.630 published in Government Gazette No
31123 dated 4 June 2008: Amendment of schedule No 2 (No 2/300),
in terms of the Customs and Excise Act, 1964 (Act No 91 of
1964).
i) Government Notice No R.631 published in Government Gazette No
31123 dated 4 June 2008: Amendment of schedule No 2 (No 2/301),
in terms of the Customs and Excise Act, 1964 (Act No 91 of
1964).
j) Government Notice No R.698 published in Government Gazette No
31181 dated 26 June 2008: Cancellation of an appointment of an
authorized dealer in foreign exchange: Rennies Bank Limited in
terms of the Exchange and Control Regulations.
k) Government Notice No R.699 published in Government Gazette No
31181 dated 26 June 2008: Appointment of an authorised dealer
in foreign exchange: Bidvest Bank Limited in terms of the
Exchange and Control Regulations.
l) Government Notice No 702 published in Government Gazette No
31184 dated 27 June 2008: Exemption from provisions of the Act
to facilitate ESKOM’s electricity price increase, in terms of
the Local Government: Municipal Finance Management Act, 2003
(Act No 56 of 2003).
m) Government Notice No 797 published in Government Gazette No
31195 dated 27 June 2008: Effective date of ESKOM’s electricity
price increase for municipalities and municipal entities, in
terms of the Local Government: Municipal Finance Management
Act, 2003 (Act No 56 of 2003).
3. The following papers are referred to the Select Committee on
Economic and Foreign Affairs for consideration:
a) Government Notice No 304 published in Government Gazette No
30874 dated 20 March 2008: Standards matters, in terms of the
Standards Act, 1993 (Act No 29 of 1993).
(b) Government Notice No 314 published in Government Gazette
No 30886 dated 20 March 2008: AgriBEE Sector Charter on Black
Economic Empowerment, in terms of the Broad-Based Black
Economic Empowerment Act, 2003 (Act No 53 of 2003).
(c) Government Notice No 361 published in Government Gazette
No 30917 dated 4 April 2008: Amendment to the compulsory
specification for vehicles of Category N1, in terms of the
Standards Act, 1993 (Act No 29 of 1993).
(d) Government Notice No 362 published in Government Gazette
No 30917 dated 4 April 2008: Amendment to the compulsory
specification for vehicles of Category M1, in terms of the
Standards Act, 1993 (Act No 29 of 1993).
(e) Government Notice No 365 published in Government Gazette
No 30917 dated 4 April 2008: Incorporation of an external
company as a company in the Republic of South Africa, in terms
of the Companies Act, 1973 (Act No 61 of 1973).
(f) Government Notice No 366 published in Government Gazette
No 30917 dated 4 April 2008: Regulations relating to the
payment of levy and the issues of sales permits in regard to
compulsory specifications: Amendment, in terms of the Standards
Act, 1993 (Act No 29 of 1993).
(g) Government Notice No 515 published in Government Gazette
No 31021 dated 9 May 2008: Notice in terms of section 18(3):
Withdrawal of certificate in terms of section 18(2) of the
Trade Metrology Act, 1973 (Act No 77 of 1973).
(h) Government Notice No R604 published in Government Gazette
No 30713 dated 29 May 2008: Amendments to the National Credit
Regulations, 2006 in terms of the National Credit Act, 2005
(Act No 34 of 2005).
(i) Government Notice No R574 published in Government Gazette
No 31084 dated 30 May 2008: National Building Regulations, in
terms of the National Building Regulations and Building
Standards Act, 1977 (Act No 103 of 1977).
(j) Government Notice No R575 published in Government Gazette
No 31084 dated 30 May 2008: Proposed introduction of a
compulsory specification for preservative treatment of timber,
in terms of the Standards Act, 1993 (Act No 29 of 1993).
(k) Government Notice No R576 published in Government Gazette
No 31084 dated 30 May 2008: Proposed introduction of a
compulsory specification for lamp controlgear, in terms of the
Standards Act, 1993 (Act No 29 of 1993).
(l) Government Notice No R577 published in Government Gazette
No 31084 dated 30 May 2008: Proposed amendment of the
compulsory specification for electronic apparatus, in terms of
the Standards Act, 1993 (Act No 29 of 1993).
(m) Government Notice No R578 published in Government Gazette
No 31084 dated 30 May 2008: Regulations: Payment of levy and
the issue of sales permits in regard to compulsory
specifications: Amendment, in terms of the Standards Act, 1993
(Act No 29 of 1993).
(n) Government Notice No R579 published in Government Gazette
No 31084 dated 30 May 2008: Proposed amendment of the
compulsory specification for personal floatation aids, in terms
of the Standards Act, 1993 (Act No 29 of 1993).
(o) Government Notice No 603 published in Government Gazette
No 31098 dated 30 May 2008: Incorporation of an external
company as a company in the Republic of South Africa, in terms
of the Companies Act, 1973 (Act No 61 of 1973).
(p) Government Notice No R633 published in Government Gazette No
31125 dated 4 June 2008: Substitution of the regulations
relating to the standard of training of estate agents, in terms
of the Estate Agency Affairs Act, 1976 (Act No 112 of 1976).
4. The following paper is referred to the Select Committee on Labour
and Public Enterprises for consideration and report:
(a) Report and Financial Statements of Transnet Ltd and the
Group for 2007-2008, including the Report of the Independent
Auditors on the Financial Statements for 2007-2008.
5. The following papers are referred to the Select Committee on
Security and Constitutional Affairs for consideration:
a) National Instruction on Sexual Offences in terms of section 66
of the Criminal Law (Sexual Offences and Related Matters)
Amendment Act, 2007 (Act No 32 of 2007).
b) Report of the National Commissioner of the South African Police
Service (SAPS) for the period of July 2007 to December 2007, in
terms of section 18(5)(d) of the Domestic Violence Act, 1998
(Act No 116 of 1998).
6. The following paper is referred to the Select Committee on Land and
Environmental Affairs for consideration and report:
(a) Report and Financial Statements of Mhlathuze Water for the
year ended 2007, including the Report of the Independent
Auditors on the Financial Statements for the year ended June
2007.
TABLINGS
National Assembly and National Council of Provinces
-
The Minister of Finance
a) Annual Financial Statements of the Corporation for Public Deposits for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.
(b) Report and Financial Statements of the Accounting Standards Board for 2007-2008, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2007-2008 [RP 109-2008].
(c) Government Notice No 871 published in Government Gazette No 31336 dated 15 August 2008: Appointment of Board members of the Co- operative Banks Development Agency, in terms of section 58 of the Co-operative Banks Act, 2007 (Act No 40 of 2007).
(d) Government Notice No 887 published in Government Gazette No 31342 dated 22 August 2008: Designation of Institution of which the activities do not fall within the meaning of “The Business of a Bank” (“Financial Service Co-operative”), in terms of the Banks Act, 1990 (Act No 94 of 1990).
(e) Government Notice No 880 published in Government Gazette No 31342 dated 22 August 2008: Amendment of Schedule No 1 (No 1/1/1360), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(f) Government Notice No 881 published in Government Gazette No 31342 dated 22 August 2008: Amendment of Schedule No 2 (No 2/305), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(g) Government Notice No 882 published in Government Gazette No 31342 dated 22 August 2008: Amendment of Schedule No 3 (No 3/634), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(h) Government Notice No 883 published in Government Gazette No 31342 dated 22 August 2008: Amendment of Schedule No 3 (No 3/635), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(i) Government Notice No 884 published in Government Gazette No 31342 dated 22 August 2008: Amendment of Schedule No 4 (No 4/314), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(j) Government Notice No 885 published in Government Gazette No 31342 dated 22 August 2008: Amendment of Schedule No 1 (No 1/1/1359), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(k) Government Notice No 886 published in Government Gazette No 31342 dated 22 August 2008: Amendment of Schedule No 3 (No 3/633), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(l) Government Notice No 895 published in Government Gazette No 31342 dated 22 August 2008: Amendment of Schedule No 1 (No 1/1/1361), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(m) Government Notice No 878 published in Government Gazette No 31346 dated 22 August 2008: Municipal Asset Transfer Regulations, in terms of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).
COMMITTEE REPORTS
National Council of Provinces
- Report of the Select Committee on Finance on the Convention between the Republic of South Africa and the Kingdom of the Netherlands for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital, dated 4 September 2008:
The Select Committee on Finance, having considered the request for approval by Parliament of the Convention between the Republic of South Africa and the Kingdom of the Netherlands for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital, referred to it in terms of section 231(2) of the Constitution, reports that it approves the agreement.
- Report of the Select Committee on Finance on the Mineral and Petroleum Resources Royalty (Administration) Bill [B 60-2008] (National Assembly - Section 75), dated 4 September 2008:
The Select Committee on Finance, having considered the Mineral and Petroleum Resources Royalty (Administration) Bill [B 60-2008] (National Assembly - Section 75) referred to it and classified by the Joint Tagging Mechanism as a Section 75 Bill reports that it has agreed to the Bill.
- Report of the Select Committee on Finance on the Mineral and Petroleum Resources Royalty Bill [B 59- 2008] (Section 77)], dated 4 September 2008:
The Select Committee on Finance, having considered the Mineral and Petroleum Resources Royalty Bill [B 59 - 2008] (Section 77) referred to it and classified by the Joint Tagging Mechanism as a Section 77 Bill reports that it has agreed to the Bill.
MONDAY, 8 SEPTEMBER 2008
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Introduction of Bills
(1) The Minister of Transport
a) Civil Aviation Bill [B 73 – 2008] (National Assembly –
proposed sec 75) [Explanatory summary of Bill and prior notice
of its introduction published in Government Gazette No 31120
of 4 June 2008.]
Introduction and referral to the Portfolio Committee on
Transport of the National Assembly, as well as referral to the
Joint Tagging Mechanism (JTM) for classification in terms of
Joint Rule 160.
In terms of Joint Rule 154 written views on the classification
of the Bill may be submitted to the JTM within three
parliamentary working days.
TABLINGS
National Assembly and National Council of Provinces
-
The Minister of Trade and Industry
(a) Report and Financial Statements of the Competition Tribunal for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance information for 2007-2008 [RP 183-2008].
(b) Report and Financial Statements of the National Consumer Tribunal for 2007-2008, including the Report of the Auditor- General on the Financial Statements and Performance Information for 2007-2008 [RP 217-2008].
(c) Report and Financial Statements of the Export Credit Insurance Corporation of South Africa Limited for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.
(d) Report and Financial Statements of the South African National Accreditation System (SANAS) for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007- 2008 [RP 199-2008].
(e) Report and Financial Statements of the National Credit Regulator (NCR) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007- 2008 [RP 140-2008].
(f) Report and Financial Statements of the South African Bureau of Standards for 2007-2008, including the Report of the Auditor- General on the Financial Statements and Performance Information for 2007-2008 [RP 208-2008].
(g) Report and Financial Statements of the South African Micro- finance Apex Fund for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 111-2008].
(h) Report and Financial Statements of the Companies and Intellectual Property Registration Office for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 187-2008].
(i) Report and Financial Statements of the National Metrology Institute of South Africa for 2007-2008, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2007-2008 [RP 221-2008].
(j) Report and Financial Statements of the National Gambling Board for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 125-2008].
(k) Report and Financial Statements of the Industrial Development Corporation of South Africa Limited (IDC) for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.
(l) Report and Financial Statements of Khula Enterprise Finance Limited for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008 [RP 210-2008].
(m) Report and Financial Statements of the Competition Commission for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 107-2008].
TUESDAY, 9 SEPTEMBER 2008 TABLINGS
National Assembly and National Council of Provinces
-
The Minister of Transport
a) Report and Financial Statements of the Air Traffic and Navigation Services Company Limited (ATNS) for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.
-
The Minister for Public Enterprises
a) Report and Financial Statements of South African Airways (Proprietary) Limited (SAA) for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007- 2008.
b) Report and Financial Statements of Broadband Infraco (Pty) Limited for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.
-
The Minister of Communications
a) Report and Financial Statements of the South African Post Office Limited for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.
-
The Minister of Health
a) Report and Financial Statements of the Council for Medical Schemes for 2007-2008, including the Report of the Auditor- General on the Financial Statements and Performance Information for 2007-2008 [RP 96-2008].
-
The Minister of Correctional Services
a) Report and Financial Statements of Vote 19 – Department of Correctional Services for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 19 for 2007-2008 [RP 217-2007].
-
The Minister of Trade and Industry
(a) Report and Financial Statements of the National Lotteries Board for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.
(b) Report and Financial Statements of the Support Programme for Industrial Innovation (SPII) for 2007-2008, including the Reports of the Independent Auditors on the Financial Statements for 2007- 2008.
WEDNESDAY, 10 SEPTEMBER 2008
TABLINGS National Assembly and National Council of Provinces
-
The Minister of Social Development
(a) Report and Financial Statements of the South African Social Security Agency for 2007-2008, including the Report of the Auditor- General on the Financial Statements and Performance Information for 2007-2008 [RP 108-2008].
-
The Minister of Arts and Culture
(a) Report and Financial Statements of the National Library of
South Africa for 2007-2008, including the Report of the Auditor-
General on the Financial Statements and Performance Information
for 2007-2008 [RP 222-2008].
(b) Report and Financial Statements of the Luthuli Museum for 2007-
2008, including the Report of the Auditor-General on the Financial
Statements and Performance Information for 2007-2008 [RP 181-
2008].
COMMITTEE REPORTS
National Council of Provinces
-
Report of the Select Committee on Education and Recreation on the South African National Space Agency Bill [B 20B – 2008], dated 10 September 2008:
The Select Committee on Education and Recreation, having considered the subject of the South African National Space Agency Bill [B 20B – 2008] (National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports that it has agreed to the Bill.
THURSDAY, 11 SEPTEMBER 2008
TABLINGS
National Assembly and National Council of Provinces
-
The Minister of Health
(a) Report and Financial Statements of the National Health Laboratory Service (NHLS) for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007- 2008.
(b) Report and Financial Statements of the South African Medical Research Council (MRC) for 2007-2008, including the Report of the Auditor-General on the Financial Statements for 2007-2008 [RP 173-2008].
FRIDAY, 12 SEPTEMBER 2008
ANNOUNCEMENTS
National Council of Provinces
- Referral to Committees of papers tabled
1. The following paper is referred to the Select Committee on
Security and Constitutional Affairs:
(a) Report of the Auditor-General on the repair and
maintenance of correctional centres at the Department of
Correctional Services [RP 121-2008].
2. The following papers are referred to the Select Committee on
Finance:
(a) Government Notice No 819 published in Government Gazette
No 31293 dated 1 August 2008: Regulations made under section
86: Call for comments, in terms of the Cooperative Banks Act,
2007 (Act No 40 of 2007).
(b) Government Notice No 778 published in Government Gazette
No 31256 dated 25 July 2008: Borrowing powers of water boards
listed under Schedule 3 Part B of the Public Finance Management
Act, 1999 (Act No 1 of 1999).
c) Agreement on Customs and Tax Administration Co-operation
between the Government of the Republic of South Africa, the
Government of the Republic of India and the Government of the
Federative Republic of Brazil, tabled in terms of section
231(3) of the Constitution, 1996.
d) Explanatory Memorandum to the Agreement.
e) Agreement between the Government of the Republic of South
Africa and the Government of the Republic of the Sudan
regarding Mutual Assistance between their Customs
Administration, tabled in terms of section 231(3) of the
Constitution, 1996.
f) Explanatory Memorandum to the Agreement.
3. The following papers are referred to the Select Committee on
Land and Environmental Affairs for consideration:
(a) General Notice No 722 published in Government Gazette No
31209 dated 4 July 2008: Policy on Boat-Based Whale and Dolphin
Watching, in terms of the Marine Living Resources Act, 1998
(Act No 18 of 1998).
(b) Government Notice No 723 published in Government Gazette
No 31210 dated 4 July 2008: Policy on White Shark Cage Diving
(WSCD), in terms of the Marine Living Resources Act, 1998 (Act
No 18 of 1998).
(c) Government Notice No 724 published in Government Gazette
No 31211 dated 4 July 2008: Regulations: Management of white
shark cage diving, in terms of the Marine Living Resources Act,
1998 (Act No 18 of 1998).
(d) Government Notice No 725 published in Government Gazette
No 31211 dated 4 July 2008: Regulations: Management of boat
based whale watching and protection of turtles, in terms of the
Marine Living Resources Act, 1998 (Act No 18 of 1998).
(e) General Notice No 868 published in Government Gazette No
31239 dated 11 July 2008: Introduction of the National
Environmental Management: Protected Areas Amendment Bill, in
terms of the National Environmental Management: Protected Areas
Amendment Act, 2003 (Act No 57 of 2003).
(f) General Notice No 869 published in Government Gazette No
31239 dated 11 July 2008: Introduction of the National
Environmental Management: Protected Areas Amendment Bill, in
terms of the National Environment Laws Amendment Bill, in terms
of the National Environmental Management Act, 2003 (Act No 107
of 1998).
(g) Government Notice No 742 published in Government Gazette
No 31220 dated 11 July 2008: Correction Notice, in terms of the
World Heritage Convention act, 1999 (Act No 49 of 1999).
(h) Government Notice No 741 published in Government Gazette
No 31220 dated 11 July 2008: Declaration of a Management
Authority for Ukhahlamba Drakensberg Park World Heritage Site,
in terms of the World Heritage Convention act, 1999 (Act No 49
of 1999).
(i) Government Notice No 741 published in Government Gazette
No 31220 dated 11 July 2008: Declaration of a Management
Authority for Ukhahlamba Drakensberg Park World Heritage Site,
in terms of the World Heritage Convention act, 1999 (Act No 49
of 1999).
(j) Government Notice No 740 published in Government Gazette
No 31220 dated 11 July 2008: Declaration of a Management
Authority for Taung Skull Fossil World Heritage Site which is a
Component of the Fossil Hominid sites of South Africa, in terms
of the World Heritage Convention act, 1999 (Act No 49 of 1999).
(k) Government Notice No 739 published in Government Gazette
No 31220 dated 11 July 2008: Declaration of a Management
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).
(l) Government Notice No 738 published in Government Gazette
No 31220 dated 11 July 2008: Declaration of a Management
Authority for Makapan Valley World Heritage Site which is a
Component of the Fossil Hominid Sites of South Africa, in terms
of the World Heritage Convention act, 1999 (Act No 49 of 1999).
4. The following paper is referred to the Select Committee on Land
and Environmental Affairs for consideration and report:
(a) Report and Financial Statements of Botshelo Water for the
year ended 2007, including the Report of the Independent
Auditors on the Financial Statements for the year ended June
2007.
5. The following paper is referred to the Select Committee on
Local Government and Administration:
(a) Report of the Auditor-General on a performance audit of
the management of the Municipal Infrastructure Grant at the
Department of Provincial and Local Government – June 2008 [RP
120-2008].
6. The following papers are referred to the Select Committee on
Education and Recreation:
(a) Report of the Auditor-General on the Financial Statements
of South African Institute for Drug Free Sport.
(b) Report of the Auditor-General on the Financial Statements
of Iziko Museums of Cape Town.
(c) Report of the Auditor-General on the Financial Statements
of Artscape
7. The following paper is referred to the Select Committee on
Security and Constitutional Affairs:
(a) Proclamation No R.23 published in Government Gazette No
31189 dated 27 June 2008: Commencement of section 62(1) to (5)
of the Regulation of Interception of Communications and
Provision of Communication-related Information Act, 2002 (Act
No 70 of 2002).
8. The following paper is referred to the Select Committee on Land
and Environmental Affairs:
(a) 2006-2007 Yearly Report to Parliament in terms of section
26(1) of the National Environmental Management Act (NEMA),
1998 (Act No 107 of 1998).
9. The following papers are referred to the Select Committee on Public
Services:
a) Air Services Agreement between the Government of the Republic
of South Africa and the Swiss Federal Council, tabled in terms
of section 231(3) of the Constitution, 1996.
b) Explanatory Memorandum to the Agreement.
TABLINGS
National Assembly and National Council of Provinces
-
The Speaker and the Chairperson (a) Report and Financial Statements of the Office of the Auditor- General for 2007-2008, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2007-2008 [RP 235-2008].
-
The Minister of Trade and Industry
(a) Report and Financial Statements of the International Trade Administration Commission of South Africa for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 207-2008].
b) Report and Financial Statements of the South African Quality Institute for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.
COMMITTEE REPORTS
National Council of Provinces
-
Report of the Select Committee on Security and Constitutional Affairs on the General Laws (Loss of Membership of National Assembly, Provincial Legislature or Municipal Council) Amendment Bill [B64B-2008] (National Assembly – sec 75), dated 26 August 2008:
The Select Committee on Security and Constitutional Affairs, having considered the subject of the General Laws (Loss of Membership of National Assembly, Provincial Legislature or Municipal Council) Amendment Bill [B64B-2008] (National Assembly -sec 75), referred to it, reports that it has agreed to the Bill.
MONDAY, 15 SEPTEMBER 2008
TABLINGS National Assembly and National Council of Provinces
-
The Minister for Justice and Constitutional Development
(a) Government Notice No R.827 published in Government Gazette No 31297 dated 1 August 2008: Amendment of regulations, in terms of the Attorneys Act, 1979 (Act No 53 of 1979).
-
The Minister of Trade and Industry
(a) Report and Financial Statements of Vote 32 – Department of Trade and Industry for 2007-2008, including the Report of the Auditor- General on the Financial Statements and Performance Information of Vote 32 for 2007-2008 [RP 198-2008].
(b) Report and Financial Statements of the South African Council for the Non-Proliferation of Weapons of Mass destruction for the period July 2007 to 31 March 2008.
(c) Report and Financial Statements of the Technology and Human Resources for Industry Programme for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.
(d) Report and Financial Statements of the National Empowerment Fund for 2007-2008, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2007-2008 [RP 228-2008].
(e) Report and Financial Statements of the Estate Agency Affairs Board for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.
WEDNESDAY, 17 SEPTEMBER 2008
TABLINGS
National Assembly and National Council of Provinces
-
The Minister of Safety and Security
(a) Report and Financial Statements of Vote 23 – Department for Safety and Security for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 23 for 2007-2008 [RP 204-2008].
-
The Minister of Trade and Industry (a) Report of the Strategic Industrial Projects for April 2002 to March 2008.
(b) Report and Financial Statements of the Small Enterprise Development Agency for 2007-2008.
(c) Fund – Souvenir Brochure 2008.
-
The Minister for Agriculture and Land Affairs
a) Report and Financial Statements of the National Agricultural Marketing Council (NAMC) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.
b) Report and Financial Statements of the Ncera Farms (Pty) Ltd for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.
COMMITTEE REPORTS
National Council of Provinces
-
First report of the Select Committee on Security and Constitutional Affairs on the Child Justice Bill [B49B – 2002] (National Assembly – sec 75), dated 5 September 2008.
The Select Committee on Security and Constitutional Affairs, having considered the subject of the Child Justice Bill [B49B -2002] (National Assembly – sec 75), referred to it, reports the Bill with proposed amendments as follows:
TABLE OF CONTENTS
1. On page 4, in line 43, to omit “or appropriate adult” and to
substitute “, appropriate adult or guardian”.
2. On page 5, in line 1, to omit “or appropriate adult” and to
substitute “, appropriate adult or guardian”.
3. On page 5, in line 3, to omit “or appropriate adult” and to
substitute “, appropriate adult or guardian”.
4. On page 5, in line 4, to omit “recognisances” and to substitute
“recognisance”.
CLAUSE 1
1. On page 8, in line 10, to omit “or a guardian”.
2. On page 8, after line 45, to insert:
“guardian” means a guardian referred to in section 1 of the
Children’s Act;
CLAUSE 3
1. On page 10, in line 19, to omit “and appropriate adults” and to
substitute “, appropriate adults and guardians”.
CLAUSE 9
1. On page 12, in line 5, to omit “an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
2. On page 12, in line 6, to omit “or appropriate adult” and to
substitute “, appropriate adult or guardian”.
3. On page 12, in line 7, to omit “or appropriate adult” and to
substitute “, appropriate adult or guardian”.
4. On page 12, from line 22, to omit “or an appropriate adult” and
to substitute “, an appropriate adult or a guardian”.
5. On page 12, in line 42, “or appropriate adult” and to substitute
“, appropriate adult or guardian”.
CLAUSE 13
1. On page 14, in line 9, after “adult”, to insert “, guardian”.
CLAUSE 18
1. On page 15, from line 32, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
2. On page 15, in line 33, to omit “or appropriate adult” and to
substitute “, appropriate adult or guardian”.
3. On page 15, in line 36, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
4. On page 15, in line 38, to omit the first “or appropriate adult”
and to substitute “, appropriate adult or guardian”.
5. On page 15, in line 38, to omit the second “or appropriate adult”
and to substitute “, appropriate adult or guardian”.
6. On page 15, in line 41, to omit “or appropriate adult” and to
substitute “, appropriate adult or guardian”.
7. On page 15, in line 49, to omit “or appropriate adult” and to
substitute “, appropriate adult or guardian”.
CLAUSE 19
1. On page 16, from line 5, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
2. On page 16, in line 6, to omit “or appropriate adult” and to
substitute “, appropriate adult or guardian”.
3. On page 16, in line 9, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
4. On page 16, in line 11, to omit the first “or appropriate adult”
and to substitute “, appropriate adult or guardian”.
5. On page 16, from line 11, to omit the second “or appropriate adult”
and to substitute “, appropriate adult or guardian”.
6. On page 16, in line 14, to omit “or appropriate adult” and to
substitute “, appropriate adult or guardian”.
7. On page 16, in line 21, to omit “or appropriate adult” and to
substitute “, appropriate adult or guardian”.
CLAUSE 20
1. On page 16, in line 46, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
2. On page 16, in line 47, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
CLAUSE 21
1. On page 17, from line 16, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
2. On page 17, from line 25, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
3. On page 17, in line 28, to omit “recognisances” and to
substitute “recognisance”.
CLAUSE 22
1. On page 17, in line 31, to omit “or appropriate adult” and to
substitute “, appropriate adult or guardian”.
2. On page 17, in line 34, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
3. On page 17, in line 37, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
4. On page 17, from line 38, to omit “or appropriate adult” and to
substitute “, appropriate adult or guardian”.
CLAUSE 23
1. On page 17, in line 46, to omit “or appropriate adult” and to
substitute “, appropriate adult or guardian”.
2. On page 17, in line 48, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
CLAUSE 24
1. On page 18, in line 1, to omit “or appropriate adult” and to
substitute “, appropriate adult or guardian”.
2. On page 18, in line 1, to omit “recognisances” and to substitute
“recognisance”.
3. On page 18, in line 11, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
4. On page 18, in line 13, to omit “recognisances” and to
substitute “recognisance”.
5. On page 18, in line 36, to omit “or an appropriate adult” and to
substitute “, appropriate adult or a guardian”.
6. On page 18, in line 37, to omit “or appropriate adult” and to
substitute “, appropriate adult or guardian”.
7. On page 18, from line 37, to omit “or appropriate adult” and to
substitute “, appropriate adult or guardian”.
8. On page 18, in line 41, to omit “recognisances” and to
substitute “recognisance”.
9. On page 19, in line 1, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
CLAUSE 25
1. On page 19, in line 12, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
2. On page 19, in line 15, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
CLAUSE 28
1. On page 20, in line 4, after “which”, to insert “take into
account their particular vulnerability and”.
2. On page 20, in line 6, after “appropriate adults, ” to insert
“guardians,”.
3. On page 20, in line 7, after “probation officers,” to insert
“assistant probation officers,”.
CLAUSE 38
1. On page 23, in line 38, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
2. On page 23, from line 53, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
3. On page 24, in line 2, to omit “or appropriate adult” and to
substitute “, appropriate adult or guardian”.
CLAUSE 40
1. On page 24, in line 32, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
2. On page 24, in line 33, to omit “recognisances” and to
substitute “recognisance”.
CLAUSE 42
1. On page 25, in line 42, to omit “or appropriate adult” and to
substitute “, appropriate adult or guardian”.
CLAUSE 43
1. On page 26, from line 16, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
CLAUSE 44
1. On page 26, in line 38, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
2. On page 26, in line 46, after “appropriate adult” to insert “,
guardian”.
3. On page 26, in line 49, after “appropriate adult” to insert “,
guardian”.
CLAUSE 46
1. On page 27, in line 10, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
CLAUSE 47
1. On page 28, from line 12, to omit “or an appropriate adult” and
to substitute “, an appropriate adult or a guardian”.
2. On page 28, in line 14, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
CLAUSE 48
-
On page 29, in line 4, after “an appropriate adult” to insert “,guardian”.
CLAUSE 49- On page 29, in line 33, to omit “or an appropriate adult” and to substitute “, an appropriate adult or a guardian”.
- On page 29, in line 38, to omit “or an appropriate adult” and to substitute “, an appropriate adult or a guardian”.
-
On page 29, in line 42, to omit “or an appropriate adult” and to substitute “, an appropriate adult or a guardian”.
CLAUSE 52 -
On page 30, in line 29, to omit “or an appropriate adult” and to substitute “, an appropriate adult or a guardian”.
CLAUSE 55
1. On page 33, in line 26, to omit “or appropriate adults” and to
substitute “, appropriate adults or guardians”.
CLAUSE 61
1. On page 36, in line 21, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
2. On page 36, in line 23, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
3. On page 36, in line 47, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
4. On page 36, from line 50, to omit “or an appropriate adult” and
to substitute “, an appropriate adult or a guardian”.
5. On page 36, from line 52, to omit “or an appropriate adult” and
to substitute “, an appropriate adult or a guardian”.
CLAUSE 65
1. On page 38, from line 6, to omit “or an appropriate adult” and
to substitute “, an appropriate adult or a guardian”.
2. On page 38, in line 8, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
3. On page 38, in line 11, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
4. On page 38, in line 12, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
5. On page 38, in line 15, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
6. On page 38, in line 17, to omit “or appropriate adult” and to
substitute “, appropriate adult or guardian”.
7. On page 38, in line 18, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
8. On page 38, in line 21, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
9. On page 38, in line 23, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
CLAUSE 74
1. On page 41, in line 4, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
CLAUSE 80
Clause rejected.
NEW CLAUSE
1. That the following be a new Clause:
Requirements to be complied with by legal representatives
80. (1) A legal representative representing a child must
allow the child, as far as reasonably possible, to give independent
instructions concerning the case.
(2) A legal representative must-
(a) explain the child’s rights and duties in relation to any
proceedings under this Act in a manner appropriate to the age
and intellectual development of the child;
(b) promote diversion, where appropriate, but may not unduly
influence the child to acknowledge responsibility;
(c) ensure that the assessment, preliminary inquiry, trial or any
other proceedings in which the child is involved, are concluded
without delay and deal with the matter in manner to ensure that
the best interest of the child are at all times of paramount
importance; and
(d) uphold the highest standards of ethical behaviour and
professional conduct.
(3) (a) If a presiding officer is of the opinion that a
legal representative at any stage during the conduct of any
proceedings under this Act, acted contrary to subsection (2), he or
she must record his or her displeasure by way of an order which
includes an appropriate remedial action or sanction.
(b) A presiding officer who has made any order
referred to in paragraph (a) must immediately direct the clerk or the
registrar of the court to notify-
(i) the relevant law society referred to in section 56 of the
Attorneys Act, 1979 (Act No. 53 of 1979);
(ii) in the case where the legal representative concerned has been
employed by the Legal Aid Board, the Board; or
iii) in the case of an advocate, the controlling body of which the
advocate is a member,
of the order.
CLAUSE 87
1. On page 45, in line 30, to omit “or appropriate adult” and to
substitute “, appropriate adult or guardian”.
CLAUSE 90
-
On page 47, from line 29, to omit “or appropriate adult” and to substitute “, appropriate adult or guardian”.
CLAUSE 94 -
On page 48, in line 24, after “the”, to insert “National”.
CLAUSE 97
1. On page 50, in line 48, after “the”, to insert “National”.
2. On page 50, in line 50, to omit “or an appropriate adult” and to
substitute “, an appropriate adult or a guardian”.
3. On page 50, from line 57, to omit “or an appropriate adult” and
to substitute “, an appropriate adult or a guardian”.
4. On page 51, in line 13, to omit “or appropriate adult” and to
substitute, “, appropriate adult or guardian”.
5. On page 51, in line 52, after “the”, to insert “National”.
SCHEDULE 4
1. On page 57, in line 51, in the third column, before “The”, to
insert “Subject to section 4(2) of the Child Justice Act,”
2. On page 58, in line 4, in the third column, before “An”, to insert
“Subject to section 4(2) of the Child Justice Act,”
3. On page 58, in line 29, in the third column, before “If”, to insert
“Subject to section 4(2) of the Child Justice Act,”.
4. On page 63, from line 15, in the third column, to omit “child and
youth care centre providing a programme contemplated in section
191(2)(j) of the Children’s Act, 2005 (Act No. 32 of 2005)”, and to
substitute “child and youth care centre providing a programme
contemplated in section 191(2)(j) of the Children’s Act, 2005 (Act
No. 32 of 2005)”
5. On page 63, in line 48, in the first column, to omit “59 of 1992”,
and to substitute “13 of 2004”
6. On page 63, in line 49, in the second column, to omit “1992” and to
substitute “2004’.
7. On page 63, in line 52, in the third column, to omit “57(1)” and to
substitute “72”.
8. On page 64, from line 37, in the third column, to omit “24(4)(d) or
75” and to substitute, “24(4)(d), 75 or 76”.
10. On page 64, in line 45, in the third column, to omit “or” and to
substitute “,”.
11. On page 64, in line 46, in the third column, after “1977]”, to
insert “section 29 or”.
12. On page 64, in line 56, in the third column, after “1977)]”, to
insert “section 29 or”.
SCHEDULE 5
1. On page 77, in line 29, in the third column, to omit “57(1)” and
to substitute “”72”.
- Second Report of the Select Committee on Security and Constitutional Affairs on the Child Justice Bill [B 49B – 2002], dated 5 September 2008:
The Select Committee on Security and Constitutional Affairs, having considered the subject of the Child Justice Bill [B49B -2002] (NA – sec 75), referred to it, and having proposed amendments thereto, make the following comments:
The Committee requests the Department of Justice and Constitutional Development, when implementing the Bill, to ensure that the principles of restorative justice, with particular reference to family group conferences, as captured in the Bill, take into account Afro-centric values and integrate key aspects of traditional law, compatible with constitutional values. In doing so, the Department must amplify and operationalise these principles in its training and awareness strategies and programmes.
The Committee expresses its reservation for the inclusion of a specific date for the commencement of the Bill, but has, however, agreed to this inclusion in view of the urgent need for a therapeutic and restorative child justice system. The Committee urges the roleplaying Departments to intensify their efforts and to adopt a “business unusual” approach to ensure the expeditious yet effective implementation of the Bill.
The Committee expresses grave concern regarding the increased responsibilities the Bill places on probation and other services, while acknowledging the implementation plans tabled by the respective Departments. The Committee nevertheless urges the roleplaying Departments to develop effective monitoring systems to ensure implementation of the tabled plans.
Report to be considered.
- First Report of the Select Committee on Security and Constitutional Affairs on the Regulation of Interception of Communications and Provision of Communication-related Information Amendment Bill [B9B-2006] (National Assembly – sec 75), dated 28 August 2008:
The Select Committee on Security and Constitutional Affairs, having
considered the subject of the Regulation of Interception of
Communications and Provision of Communication-related Information
Amendment Bill [B9B-2006] (National Assembly – sec 75), referred to it,
reports the Bill with proposed amendments, as follows:
CLAUSE 1
1. On page 2, in line 9, to omit “network”, and to substitute:
“electronic communications system”.
2. On page 3, from line 4, to omit paragraph (a) and to substitute:
(a) to whom an electronic communication service provider
provides an electronic communications service, including an
employee of the electronic communication service provider or
any person who receives or received such service as a gift,
reward, favour, benefit or donation;.
CLAUSE 2
1. On page 4, from line 14, to omit subsection (1) and to
substitute:
(1) (a) Subject to paragraph (b), an electronic
communication service provider who provides a mobile cellular
electronic communications service shall not activate a SIM-card
on its electronic communications system unless subsection (2)
has been complied with.
(b) Paragraph (a) does not apply to a customer of an
electronic communication service provider who provides a mobile
cellular electronic communications service outside the Republic
who enters the geographical coverage area of a mobile cellular
electronic communication service provider in the Republic and
uses the electronic communications system of such provider to
make, receive and send voice calls or data or access other
services.
2. On page 4, in line 26, to omit “(d) and (e)”, and to substitute:
“(b) and (c)”.
3. On page 4, from line 27, to omit paragraphs (b) and (c).
4. On page 4, in line 31, to omit “(d)” and to substitute “(b)”.
5. On page 4, in line 35, to omit “or a cellular phone”.
6. On page 4, from line 39, to omit “or a cellular phone”.
7. On page 4, in line 45, to omit “(e)” and to substitute “(c)”.
8. On page 4, in line 53, to omit “(2)(d) and (e)(i)” and to
substitute “(2)(b) and (c)(i)”.
9. On page 4, in line 57, to omit “(2)(d)(i) and (e)” and to
substitute “(2)(b)(i) and (c)”.
10. On page 5, line 23, to omit “after” and to substitute “in”.
11. On page 5, in line 27, to omit “cellular phone or”.
12. On page 5, in line 29, to omit “cellular phone or the”.
13. On page 5, in line 30, to omit “cellular phone or”.
14. On page 5, in line 34, to omit “the cellular phone or”.
15. On page 5, in line 37, to omit the first “and” and to substitute
“,”.
16. On page 5, in line 40, to omit “or the cellular phone”.
17. On page 5, in line 42, to omit “, (b) and (c)”.
18. On page 5, in line 52, to omit “;and” and to substitute “.”.
19. On page 5, in line 58, to omit “identity” and to substitute
“identification”.
20. On page 5, from line 61, to omit subsection (9) and to
substitute:
(9) An electronic communication service provider must, on
its electronic communications system, record and store─
(a) every MSISDN-number used with every IMEI-number; and
(b) every IMEI-number used with every MSISDN-number,
which must, on production of a direction, be provided to an
applicant within 12 hours.
(10) The information recorded and stored in terms of
subsections (2), (6) and (9) must be stored by an electronic
communication service provider for a period of five years after—
(a) a customer has cancelled his or her contract with the
electronic communication service provider; or
(b) the electronic communication service provider has ended
the electronic communications service provided to the
customer.
CLAUSE 3
1. On page 6, from line 33, to omit “(6) or (7)” and to substitute
“(6), (7), (9) or (10)”.
2. On page 6, in line 48, to omit “the provision in question” and
to substitute “section 62C”.
3. On page 6, in line 57, to omit “(6) or (7) and to substitute
“(6), (7), (9) or (10)”.
CLAUSE 4
1. On page 7, in line 6, to omit “12” and to substitute “18”.
2. On page 7, in line 8, to omit “cellular phones or”.
3. On page 7, in line 11, to omit “and (4),” and to substitute “,
(4), (9) and (10),”.
4. On page 7, in line 16, after “any”, to insert “activated”.
5. On page 7, in line 16, to omit “or cellular phone”.
6. On page 7, in line 18, to omit “12-month” and to substitute “18-
month”.
CLAUSE 5
1. On page 7, line 22, to omit “after” and to substitute “in”.
2. On page 7, in line 31, after “provider”, to insert “who provides
a mobile cellular electronic communications service”.
3. On page 7, in line 34, after “62(6)”, to insert “and 62C”.
4. On page 7, in line 40, to omit “or cellular phones”.
5. On page 7, from line 41, to omit subsection (1) and to
substitute:
(1) Any juristic person, having complied with section
40(2) or 62(6), and who provides a SIM-card to a person in its
employment must, before handing over the SIM-card to the other
person–
(a) record the particulars as required in section 40(2) and
the date on and period for which the SIM-card is provided;
and
(b) verify –
(i) the full names, surname, identity number and
identity of the person to whom the SIM-card is
provided; and
(ii) the address contemplated in section 40(3)(a)(iii),
by means of documentation contemplated in section
40(3)(b).
6. On page 7, in line 45, after “Any person”, to insert “, having
complied with section 40(2) or 62(6), and”.
7. On page 7, in line 45, to omit “or cellular phone”.
8. On page 7, in line 46, to omit “cellular phone or”.
9. On page 7, in line 49, to omit “cellular phone or”.
10. On page 7, in line 52, to omit “cellular phone or”.
11. On page 8, in line 6, to omit “5” and to substitute “five”.
12. On page 8, after line 6, to add:
(4) (a) An applicant may, for the purposes of making an
application for the issuing of a direction, in writing request a
person contemplated in subsection (1) or (2) to provide the
applicant with the information recorded and stored in terms of
subsection (1) or (2), respectively.
(b) A person contemplated in subsection (1) or (2) who
receives a request referred to in paragraph (a) must
immediately comply with that request if the request relates to
any SIM-card in its, his or her possession or to any person to
whom the SIM-card was provided or rented.
(5) If a person contemplated in subsection (1) or (2) knows or
suspects that an identification document submitted for
verification as contemplated in section 40(3) is false, it, he
or she must, within 24 hours, report the matter to a police
official at any police station.
CLAUSE 6
1. On page 8, in line 17 to omit “2007” and to substitute “2008”
CLAUSE 7
1. On page 8, in line 20, to omit “2007” and to substitute “2008”.
2. On page 8, in line 21, to omit “1 January 2008 or on such earlier
date as the President may determine” and to substitute “a date
determined by the President”.
-
Second Report of the Select Committee on Security and Constitutional Affairs on the Regulation of Interception of Communications and Provision of Communication-related Information Amendment Bill [B9B- 2006] (National Assembly –sec 75), dated 28 August 2008:
The Select Committee on Security and Constitutional Affairs, having considered the subject of the Regulation of Interception of Communications and Provision of Communication-related Information Amendment Bill [B9B-2006] (National Assembly – sec 75), referred to it, and having proposed amendments thereto, recommends that:
The Department of Justice and Constitutional Development and the service providers affected by the envisaged Act, report to the Committee within six months after the Bill has been assented to, and thereafter every six months, regarding, among others – a) progress made regarding the implementation of the envisaged Act; b) challenges encountered in this regard; and c) possible solutions for challenges experienced.
Report to be considered.
THURSDAY, 18 SEPTEMBER 2008
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Introduction of Bill
(1) The Portfolio Committee on Communications
a) Financial Management of Parliament Bill [B 74 – 2008]
(National Assembly – proposed sec 76(1)) [Draft Bill and
memorandum setting out its objects published in Government
Gazette No 28166 of 28 October 2005.]
Bill initiated by the Portfolio Committee on Finance of the
National Assembly, and referred 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 Bills may be submitted to the JTM within three
parliamentary working days.
National Council of Provinces
- Referral to Committees of papers tabled
1. The following papers are referred to the Select Committee on
Economic and Foreign Affairs for consideration and report:
(a) Treaty of Friendship and Partnership between the Republic
of South Africa and the Russian Federation, tabled in terms of
section 231(2) of the Constitution, 1996.
(b) Explanatory Memorandum to the Treaty of Friendship and
Partnership between the Republic of South Africa and the
Russian Federation.
TABLINGS
National Assembly and National Council of Provinces
-
The Minister of Foreign Affairs
(a) Report and Financial Statements of Vote 3 – Department of Foreign Affairs for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 3 for 2007-2008.
-
The Minister of Communications
(a) Report and Financial Statements of the Universal Service and Access Agency of South Africa (USAASA) for 2007-2008, including the Reports of the Auditor-General on the Financial Statements of Universal Service and Access Agency of South Africa (USAASA) and the Universal Service and Access Fund (USAF) for 2007-2008 [RP 219-2008].
-
The Minister of Trade and Industry
(a) Report on the National Lotteries Distribution Trust Fund – Souvenir Brochure 2008.
(b) Report and Financial Statements of the Small Enterprise Development Agency Technology Programme for 2007-2008.
Please Note: The above item replaces item 2(b) and (c) under Tablings of the Announcements, Tablings and Committee Reports of 17 September 2008, as published on page 1694. FRIDAY, 19 SEPTEMBER 2008
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Assent by President in respect of Bill
(1) South African Judicial Education Institute Bill [B 4D – 2007] –
Act No 14 of 2008 (assented to and signed by President on 12
September 2008). 2. Introduction of Bill - correction
The introduction of the Financial Management of Parliament Bill [B 74 –
2008] (National Assembly – proposed sec 76(1)) in the ATC of 18
September 2008 was incorrectly placed under the heading “Portfolio on
Communications”. It should have read “Portfolio Committee on Finance“.
TABLINGS
National Assembly and National Council of Provinces
-
The Minister of Defence
a) Report and Financial Statements of the Armaments Corporation of South Africa Limited (ARMSCOR) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 58-2008].
-
The Minister of Finance
a) Report and Financial Statements of Sasria Limited for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.
b) Report and Financial Statements of the Development Bank of Southern Africa for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.
c) Report and Financial Statements of the Development Bank of Southern Africa Development Fund for 2007-2008, including the Report of the Independent Auditors on the Financial Statements of The Fund for 2007-2008.
(d) Report and Financial Statements of the Financial Services Board (FSB) 2007-2008, including the Report of the Auditor-General on the Financial Statements for 2007-2008 [RP 139-2008].
MONDAY, 22 SEPTEMBER 2008
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Bills passed by Houses – to be submitted to President for assent
(1) Bills passed by National Assembly on 22 September 2008:
a) Jurisdiction of Regional Courts Amendment Bill [B 48D – 2007]
(National Assembly – sec 75).
b) Renaming of High Courts Bill [B 5B – 2008] (National Assembly
– sec 75).
c) Liquor Products Amendment Bill [B 22B – 2008] (National
Assembly – sec 75).
National Council of Provinces
The Chairperson
- Message from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council
(1) Bills passed by National Assembly and transmitted for
concurrence on 22 September 2008:
a) Provision of Land and Assistance Amendment Bill [B 40B – 2008]
(National Assembly – sec 75).
b) National Environment Laws Amendment Bill [B 66B – 2008]
(National Assembly – sec 76(1)).
c) National Environmental Management: Protected Areas Amendment
Bill [B 67B – 2008] (National Assembly – sec 75).
The Bills have been referred to the Select Committee on Land and
Environmental Affairs of the National Council of Provinces.
TABLINGS
National Assembly and National Council of Provinces
-
The Minister of Finance
(a) Report and Financial Statements of the South African Reserve Bank for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.
(b) Report and Financial Statements of Vote 12 - Statistics South Africa for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 12 for 2007-2008 [RP 126-2008].
(c) Report and Financial Statements of the Independent Regulatory Board for auditors for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.
-
The Minister of Transport
(a) Report of the Regulating Committee of the Airports Company of South Africa and Air Navigation Services Company for 2007-2008.
(b) Report and Financial Statements of the South African National Roads Agency Limited for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 104-2008].
(c) Report and Financial Statements of the South African Search and Rescue Organisation (SASAR) for 2007-2008.
(d) Report and Financial Statements of the Road Traffic Management Corporation for 2007-2008, including the Report of the Auditor- General on the Financial Statements and Performance Information for 2007-2008 [RP 103-2008].
-
The Minister of Communications
a) Report and Financial Statements of Vote 25 – Department of Communications for 2007-2008, including the Report of the Auditor- General on the Financial Statements and Performance Information of Vote 25 for 2007-2008 [RP 247-2008].
-
The Minister of Public Works
a) Report and Financial Statements of the Independent Development Trust for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007- 2008 [RP 154-2008].
-
The Minister for Justice and Constitutional Development
a) Proclamation No R.35 of Government Gazette No 31394 dated 4 September 2008: Referral of matters to existing Special Investigating Unit and Special Tribunals, in terms of the Special Investigation Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
b) Proclamation No R.36 of Government Gazette No 31394 dated 4 September 2008: Referral of matters to existing Special Investigating Unit and Special Tribunals, in terms of the Special Investigation Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
-
The Minister of Science and Technology
a) Report and Financial Statements of Vote 31 – Department of Science and Technology for 2007-2008, including the Report of the Auditor- General on the Financial Statements and Performance Information of Vote 31 for 2007-2008 [RP 200-2008].
-
The Minister for Agriculture and Land Affairs
(a) Report and Financial Statements of Vote 28 – Department of Land Affairs for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 28 for 2007-2008.
TUESDAY, 23 SEPTEMBER 2008
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Bills passed by Houses – to be submitted to President for assent
1) Bills passed by National Council of Provinces on 23 September 2008:
a) Mineral and Petroleum Resources Royalty Bill [B 59 – 2008]
(National Assembly – sec 77).
b) Mineral and Petroleum Resources Royalty (Administration) Bill
[B 60 – 2008] (National Assembly – sec 75).
National Council of Provinces
The Chairperson
- Message from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council
(1) Bills passed by National Assembly and transmitted for
concurrence on 23 September 2008:
(a) National Radioactive Waste Disposal Institute Bill [B 41B
– 2008] (National Assembly – sec 75) (introduced as National
Radioactive Waste Management Agency Bill [B 41 – 2008]).
(b) Mine Health and Safety Amendment Bill [B 54B – 2008]
(National Assembly – sec 75).
The Bills have been referred to the Select Committee on
Economic and Foreign Affairs of the National Council of
Provinces.
(c) Medicines and Related Substances Amendment Bill [B 44B –
2008] (National Assembly – sec 75).
The Bill has been referred to the Select Committee on Social
Services of the National Council of Provinces.
d) National Conventional Arms Control Amendment Bill [B 45B –
2008] (National Assembly – sec 75).
The Bill has been referred to the Select Committee on Security
and Constitutional Affairs of the National Council of
Provinces.
e) Built Environment Professions Bill [B 53B – 2008] (National
Assembly – sec 75).
The Bill has been referred to the Select Committee on Public
Services of the National Council of Provinces.
f) Methodist Church of Southern Africa (Private) Act Repeal Bill
[B 68 – 2008] (National Assembly – sec 75).
g) Dutch Reformed Churches Union Act Repeal Bill [B 69 – 2008]
(National Assembly – sec 75).
h) Bible Society of South Africa Act Repeal Bill [B 70B – 2008]
(National Assembly – sec 75).
i) The Apostolic Faith Mission of South Africa (Private) Act
Repeal Bill [B 71B – 2008] (National Assembly – sec 75).
The Bills have been referred to the Select Committee on
Education and Recreation of the National Council of Provinces. TABLINGS
National Assembly and National Council of Provinces
-
The Minister of Finance
(a) Report and Financial Statements of the South African Revenue Service (SARS) for 2007-2008, including the Report of the Auditor- General on the Financial Statements and Performance Information for 2007-2008 [RP 193-2008].
-
The Minister of Education
(a) Report and Financial Statements of the South African Council for Educators (SACE) for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.
-
The Minister of Environmental Affairs and Tourism
a) Report and Financial Statements of the South African National Parks (SANparks) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 182-2008].
-
The Minister for Agriculture and Land Affairs
(a) Report and Financial Statements of the Ingonyama Trust Board for 2007-2008, including the Report of the Auditor-General on the Financial Statements for 2007-2008.
(b) Report and Financial Statements of the Perishable Products Export Control Board (PPECB) for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007- 2008.
COMMITTEE REPORTS
National Council of Provinces
-
Report of the Select Committee on Social Services on the Tobacco Products Control Amendment Bill [B 7B – 2008] (National Assembly – sec 76 (1)), dated 23 September 2008:
The Select Committee on Social Services, having considered the subject of the Tobacco Products Control Amendment Bill [B 7B – 2008] (National Assembly – sec 76 (1)), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill with amendments [B 7C – 2008].
-
Report of the Select Committee on Finance on the Protocol amending the agreement between the Government of the Republic of South Africa and the Kingdom of Netherlands for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital, dated 4 September 2008:
The Select Committee on Finance, having considered the Protocol amending the agreement between the Government of the Republic of South Africa and the Government of the Kingdom of Netherlands for the Avoidance of Double Taxation and the Prevention of Fiscal evasion with respect to Taxes on Income and on Capital, referred to it in terms of section 231(2) of the Constitution, reports that it approves the agreement.