National Assembly - 26 May 2009
TUESDAY, 26 MAY 2009
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PROCEEDINGS OF THE NATIONAL ASSEMBLY
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The House met at 14:20.
The Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
APPOINTMENT OF CHIEF WHIPS AND OTHER PARLIAMENTARY OFFICE BEARERS
(Announcement)
The Speaker announced that Dr M S Motshekga had been elected as Chief Whip and Mr G Magwanishe as Deputy Chief Whip of the Majority Party, and that Mr I O Davidson had been elected as Chief Whip of the Opposition.
The Speaker announced that he had been informed that Mr R A P Trollip had been elected by the Democratic Alliance as its Parliamentary leader and therefore Leader of the Opposition in terms of section 57(2)(d) of the Constitution. The Speaker further announced that he had been informed that the Deputy President had been designated Leader of Government Business in the National Assembly in terms of section 91(4) of the Constitution.
The Speaker announced that he had, in terms of Rule 319, designated Ms A Dlodlo as Parliamentary Counsellor to the President and Mr J H Jeffery as Parliamentary Counsellor to the Deputy President, with effect from 20 May 2009.
CHILD PROTECTION WEEK
(Draft Resolution)
The CHIEF WHIP OF THE OPPOSITION: Mr Speaker, I move without notice:
That the House –
(1) notes that Tuesday, 26 May 2009, marks the beginning of Child
Protection week, which will culminate in the commemoration of
International Children’s Day on 1 June;
(2) further notes that the theme for the week is “Caring
Communities: Protect Children”;
(3) acknowledges that our Constitution has made children’s rights a
priority and that every child is afforded the right to food and
shelter, and must be protected from abuse, neglect and degradation;
(4) recognises that a large number of our children, one of the most
vulnerable groups in our society, are still victims of neglect,
abuse and violence on a daily basis;
(5) further acknowledges the selfless role stakeholders in civil
society and in local communities have played in campaigning for the
protection and development of our children; and
(6) calls on all South Africans to stand together to ensure that our
children are protected from all forms of abuse, so that they can
enjoy the benefits of freedom and democracy which they so rightly
deserve.
Agreed to.
MOTION OF CONDOLENCE
(The late Ms N K Shoba)
The CHIEF WHIP OF THE MAJORITY PARTY: Mr Speaker, I move:
That the House –
(1) notes with profound sadness the untimely death on Saturday, 9
May 2009, of hon Mama Nomvula Khellinah Shoba;
(2) further notes that Mama Khellinah, as she was affectionately
known, held several positions within the Tripartite Alliance,
including that of Secretary and Deputy Chairperson of the local ANC
branch, Provincial Secretary of the Congress of South African Trade
Unions in Mpumalanga and Regional Treasurer of the National Union
of Mineworkers;
(3) recognises that her untimely and sudden death has not only
robbed her family of a caring mother, wife and grandmother but that
her departure from our midst is indeed a great loss to the ANC, the
Tripartite Alliance, the women formations, the people of Mpumalanga
and the rest of South Africa, and that Mama Khellinah has left a
void;
(4) recalls that the attainment of gender parity and other gains
achieved by women since the dawn of democracy were largely brought
about through courageous and unwavering struggles waged by women of
the calibre of Comrade Shoba; and
(5) conveys its condolences to the Shoba family, the African
National Congress, the South African Communist Party and the
Congress of South African Trade Unions.
Motion agreed to, members standing.
The SPEAKER: The condolences of the House will be conveyed to the Shoba family, the ANC, the SACP and Cosatu.
AFRICA DAY
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Mr Speaker, I move:
That the House –
(1) notes that 25 May is observed by Africans throughout the
continent of Africa and in the diaspora as Africa Day;
(2) further notes that this is the day the Organisation of African
Unity (OAU), the precursor to the African Union (AU), was formed
in 1963 and also marking the adoption of its Charter, the African
Charter of Human and Peoples’ Rights;
(3) acknowledges that, for us, as Africans, this Day means that our
entire continent has an opportunity to join together in a united
affirmation of our confidence in ourselves, and our future;
(4) believes that Africa Day celebrates the progress that we, as
Africans, have made, while reflecting upon the common challenges we
face in a global environment; and
(5) calls upon Africans on the continent and in the diaspora and
progressive humanity to work hard for securing peace and friendship
amongst all our people by upholding equal rights and status for
all.
Agreed to.
RESUMPTION OF PROCEEDINGS ON APPROPRIATION BILL
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move:
That the House resume proceedings on the Appropriation Bill [B5 – 2009]
(National Assembly – sec 77) from the stage it reached on 24 March 2009,
the last sitting day of the House during the sixth session of the Third
Parliament, taking into account the provisions of the Money Bills
Amendment Procedure and Related Matters Act (Act No 9 of 2009).
Agreed to.
EXTENSION OF PERIOD FOR MEMBERS TO DISCLOSE REGISTRABLE INTERESTS
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move:
That the House, notwithstanding item 6(2) of Part 1 of Schedule A to the
Joint Rules, which stipulates that members’ first disclosure of
registrable interests must be within 30 days of the first sitting of the
House after an election, resolves, subject to the concurrence of the
National Council of Provinces, to extend the period to 26 June 2009.
Agreed to.
SUSPENSION OF RULE 172 FOR DURATION OF FOURTH PARLIAMENT
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move:
That the House, noting the decision of the Rules Committee on Friday, 22
May 2009, suspends Rule 172, relating to the composition of the
Subcommittee on Review of the Assembly Rules, for the duration of the
Fourth Parliament.
Agreed to.
Mr J H VAN DER MERWE: Hon Speaker, I am sorry, I motioned to the messenger, not the Speaker. [Laughter.]
The SPEAKER: Hon member, when you motion to the messenger, use your left hand. When you address the Speaker use your right hand.
MEMBERS ELECTED AS HOUSE CHAIRPERSONS
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move:
That the House in terms of Rule 14 elects the following members as House
Chairpersons:
Mr K O Bapela;
Ms M N Oliphant; and
Mr M B Skosana.
Agreed to.
[Applause.]
The SPEAKER: Hon members, I wish to congratulate you on your appointment. I will, in due course, make an announcement in the Announcements, Tablings and Committee Reports about the specific responsibilities allocated to each House Chairperson.
ELECTION OF MEMBERS OF PAN-AFRICAN PARLIAMENT
(Draft Resolution)
The SPEAKER: The following nominations have been received for election as members of the Pan-African Parliament.
Mr M J Mahlangu (NCOP); Mr S J Njikelana (ANC); Ms F Hajaig (ANC); Ms S V Kalyan (DA); and Ms M N Matladi (UCDP).
Are there any further nominations?
There being no further nominations, Mr M J Mahlangu, Mr S J Njikelana, Ms F Hajaig, Ms S V Kalyan and Ms M N Matladi are accordingly elected as members of the Pan-African Parliament. [Applause.]
DESIGNATION OF REPRESENTATIVES OF PARLIAMENT IN SOUTHERN AFRICAN
DEVELOPMENT COMMUNITY PARLIAMENTARY FORUM
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move:
That the following members are designated to represent Parliament in the
Southern African Development Community Parliamentary Forum in terms of
article 6(3) of the Constitution of the Forum:
Mr M V Sisulu;
Adv S P Holomisa;
Ms N D Ntwanambi;
Mr W G James; and
Ms B N Dlulane in her capacity as Chairperson of the Multi-Party Women’s
Caucus.
Agreed to.
[Applause.]
Mr M V Sisulu, Mr S P Holomisa, Ms N D Ntwanambi, Mr W G James and Ms B N Dlulane accordingly designated to represent Parliament in the Southern African Development Community Parliamentary Forum.
DESIGNATION OF MEMBERS TO JUDICIAL SERVICE COMMISSION
The SPEAKER: I now recognise the Chief Whip of the Majority Party to move a motion in terms of section 178(1)(h) of the Constitution on the designation of members of the Majority Party to the Judicial Service Commission.
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move:
That the House designate the following members to the Judicial Service
Commission:
Mr C V Burgess;
Ms F I Chohan;
Ms P de Lille;
Mr N A Ramatlhodi;
Mr H C Schmidt; and
Mr J H van der Merwe.
Agreed to.
[Applause.] Mr C V Burgess, Ms F I Chohan, Ms P de Lille, Mr N A Ramatlhodi, Mr H C Schmidt and Mr J H van der Merwe accordingly designated to the Judicial Service Commission.
DESIGNATION OF MEMBERS TO MAGISTRATES COMMISSION
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move:
That the House designate the following members to the Magistrates Commission:
Adv T M Masutha; Mr M C Manana; Ms D A Scháfer; and Mr S N Swart.
Agreed to.
[Applause.]
Adv T M Masutha, Mr M C Manana, Ms D A Scháfer and Mr S N Swart were accordingly designated to the Magistrates Commission.
The House adjourned at 14:38. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
CREDA INSERT - T090522e – Insert1 – PAGE 10
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Assent by President in respect of Bills
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Consumer Protection Bill [B 19D – 2008] – Act No 68 of 2008 (assented to and signed by President on 24 April 2009).
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Child Justice Bill [B 49D – 2002] – Act No 75 of 2008 (assented to and signed by President on 7 May 2009).
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Financial Management of Parliament Bill [B 74B – 2008] – Act No 10 of 2009 (assented to and signed by President on 19 April 2009).
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National Assembly
The Speaker
1) With the concurrence of the National Assembly Rules Committee, the following portfolio committees are established in terms of Rule 199:
Portfolio Committee on Agriculture, Forestry and Fisheries
Portfolio Committee on Arts and Culture
Portfolio Committee on Basic Education
Portfolio Committee on Communications
Portfolio Committee on Cooperative Governance and Traditional Affairs
Portfolio Committee on Correctional Services
Portfolio Committee on Defence and Military Veterans
Portfolio Committee on Economic Development
Portfolio Committee on Energy
Portfolio Committee on Health
Portfolio Committee on Higher Education and Training
Portfolio Committee on Home Affairs
Portfolio Committee on Human Settlements
Portfolio Committee on International Relations and Cooperation
Portfolio Committee on Justice and Constitutional Development
Portfolio Committee on Labour
Portfolio Committee on Mining
Portfolio Committee on Police
Portfolio Committee on Public Enterprises
Portfolio Committee on Public Service and Administration
Portfolio Committee on Public Works
Portfolio Committee on Rural Development and Land Reform
Portfolio Committee on Science and Technology
Portfolio Committee on Social Development
Portfolio Committee on Sport and Recreation
Portfolio Committee on Tourism
Portfolio Committee on Trade and Industry
Portfolio Committee on Transport
Portfolio Committee on Water and Environmental Affairs
Portfolio Committee on Women, Youth, Children and People with
Disabilities
The membership of the portfolio committees will be as follows: ANC 8;
DA 2; Cope 1; IFP 1; and, other parties 2.
2) With the concurrence of the National Assembly Rules Committee, the following committees are established in terms of the Money Bills Amendment Procedure and Related Matters Act, No 9 of 2009, for the purposes set out in the Act and with the same composition as portfolio committees, viz: ANC 8; DA 2; Cope 1; IFP 1; and, other parties 2.
Standing Committee on Finance
Standing Committee on Appropriations
3) With the concurrence of the Rules Committee and in terms of Rule 192, the membership of the Powers and Privileges Committee is hereby determined at 14 members, as follows: ANC 8; DA 2; Cope 1; IFP 1; and, other parties 2.
4) With the concurrence of the Rules Committee and in terms of Rule 210, the membership of the Committee on Private Members’ Legislative Proposals and Special Petitions is hereby determined at 14 members, as follows: ANC 8; DA 2; Cope 1; IFP 1; and, other parties 2.
5) With the concurrence of the Rules Committee and in terms of Rule 205, the membership of the Committee on Public Accounts is hereby determined at 14 members, as follows: ANC 8; DA 2; Cope 1; IFP 1; and, other parties 2.
6) With the concurrence of the Rules Committee and in terms of Rule 208B, the membership of the Committee on the Auditor-General is hereby determined at 14 members, as follows: ANC 8; DA 2; Cope 1; IFP 1; and, other parties 2.
7) The Rules Committee, at its meeting on 22 May 2009, appointed Adv M T Masutha as chairperson of the Subcommittee on Review of the Assembly Rules in terms of Rule 173.
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
a) Report of the Independent Commission for the Remuneration of Public
Office Bearers for 1 January 2008 to 31 December 2008.
- The Minister of Trade and Industry a) Government Notice No 1397 published in Government Gazette No 31734 dated 24 December 2008: Standards Matters in terms of the Standards Act, 2008 (Act No 8 of 2008).
(b) General Notice No 211 published in Government Gazette No 31956
dated 27 February 2009: Interactive gambling regulations: For
written comments in terms of the National Gambling Act, 2004 (Act
No 7 of 2004).
(c) Government Notice No R.279 published in Government Gazette No
32002 dated 13 March 2009: Companies and Intellectual Property
Registration Office: Amendment of Companies Administrative
Regulations, 1973, in terms of the Companies Act, 1973 (Act No 61
of 1973).
(d) Government Notice No R.292 published in Government Gazette No
32002 dated 13 March 2009: Companies and Intellectual Property
Registration Office: Amendment of Close Corporations Administrative
Regulations, 1984, in terms of the Close Corporations Act, 1984
(Act No 69 of 1984).