National Assembly - 13 May 2010

THURSDAY, 13 MAY 2010 __

                PROCEEDINGS OF THE NATIONAL ASSEMBLY
                                ____

The House met at 14:10.

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

                          NOTICES OF MOTION

Mr G G BOINAMO: Mr Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:

That the House—

(1) notes the performance of the sector education and training authorities, Setas;

(2) debates whether they are the appropriate mechanisms to increase skills development in the South African economy; and

(3) further debates whether there are alternative mechanisms that could result in improved outcomes.

Mr G R MORGAN: Mr Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:

That the House—

(1) debates the regulatory regime of water pricing in South Africa; and

(2) comes up with solutions as to how the existing framework can be improved to ensure efficiency of water use and the sustainability of various economic sectors that have water as a major input.

Ms C M P KOTSI: Mr Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of Cope:

That the House—

(1) debates the negative impact of the SA Transport and Allied Workers Union, Satawu, strike on the import and export industry; and (2) notes that this will, in turn, exacerbate job losses in all sectors of our economy with disastrous implications for the poorest in our country.

The SPEAKER: Order, hon members! Please allow the speakers to be heard. We want to hear the speakers, not the noise.

Dr P J RABIE: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:

That the House—

(1) debates the area of responsibility of the Minister of Economic Development and his department in relation to the responsibilities of the Minister of Trade and Industry, the Minister of Finance and the Minister in the Presidency: National Planning, to determine whether there is duplication and overlapping competencies; and

(2) suggests a way forward to ensure efficiency and clarity of roles.

Mr W M MADISHA: Mr Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of Cope:

That the House— 1) debates the Adcock Employment Index released yesterday which indicates that employment creation has stalled; and

   2) calls on government to immediately implement austerity measures so
      as to release further funds for infrastructure development to
      stimulate job creation.

Mr P B MNGUNI: Mr Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of Cope:

That the House debates the negative impact of the labour regulations and high wage settlement in unionised industries – in particular, the Public Service – on job creation, with an anticipated rise in the unemployment rate in the next five years of up to 30%.

Mrs J D KILIAN: Mr Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of Cope:

That the House —

(1) debates the negative impact of cable theft in South Africa, which was again highlighted this week, after suspected copper thieves were arrested with R91 000 worth of copper in their possession; and (2) notes that this has a very serious impact on the roll-out of telecommunication infrastructure and accessibility to broadband in South Africa.

Mr M J ELLIS: Mr Speaker, I don’t have a motion without notice, but the hon Blade Nzimande appears to be trying to communicate with me across the floor, and I didn’t understand what he was saying. I wonder if he could make it more clear what he was trying to indicate to us. [Laughter.]

The SPEAKER: Hon member, the period of floor-crossing is over. You can’t cross the floor. [Laughter.] Hon members, I wish, on your behalf, to both recognise and congratulate hon MamaNjobe who is turning 80 years old today. Hon MamaNjobe, will you stand so that they can all see you? [Applause.]

Ukhule kodwa ungakhokhobi. [Many happy returns.]

It’s not your eightieth birthday, hon Ellis.

Mr M J ELLIS: Mr Speaker, I think it is very important that the House knows whether the hon Njobe is younger or older than the hon Turok. That’s all I wanted to ask. [Laughter.]

                      UNPARLIAMENTARY LANGUAGE

                              (Ruling)

The SPEAKER: Thank you. Order! Hon members, during the debate on the President’s Budget Vote yesterday, the hon member Mr M S Shilowa raised a point of order about remarks made by the hon Deputy Minister of Home Affairs, the hon K M N Gigaba. Hon Shilowa contended that the inference by the hon Deputy Minister, that he had misappropriated a large sum of money, was unparliamentary, and I heard the hon Deputy Minister referring to hon Shilowa and saying “what a shameful dishonesty”.

I ruled at the time that that particular phrase and other such words were unparliamentary. I did not, however, ask the hon Deputy Minister to withdraw the remarks. Having now had an opportunity to study the unrevised Hansard, I wish to further rule as follows: In responding to hon Shilowa, the Deputy Minister of Home Affairs initially said, “Were we honest?” thereby implying that hon Shilowa was not. He continued in that vein, calling hon Shilowa “disingenuous”, thereby implying that he was underhanded, duplicitous and deceitful. He then proceeded to use the phrase already referred to, “what a shameful dishonesty”.

The hon Deputy Minister further stated that hon Shilowa probably has the memory of “a rat”. [Laughter.] This animal reference was repeated later on. As members are aware, it is unparliamentary to unfavourably compare members to animals, either by statement or by making animal sounds. [Laughter.] Quoting such an offensive reference as hypothesis does not render it parliamentary. Only then did the hon Deputy Minister proceed to utter the remarks about which hon Shilowa raised a point of order. He said, “Maybe the hon member will take this House into his confidence about the R20 million that disappeared under his watch.” With this particular remark, he again imputes improper and unworthy motives to the hon Shilowa.

As has been so often said in this House, it is completely out of order to do so without bringing it before the House by way of a substantive motion. While members enjoy freedom of speech in the House, they cannot make untested allegations that would compromise a member’s integrity. Furthermore, it should be kept in mind that such accusations are equally offensive and damaging if they were made indirectly.

As all of the above-mentioned remarks are in violation of Rule 63, the rule on offensive and unbecoming language, I would ask the hon Deputy Minister to withdraw all references to hon Shilowa being dishonest, disingenuous, including the reference to the misappropriation of funds and also the comparison of hon Shilowa to a rat. [Interjections.] Order, hon members! Deputy Minister, will you please withdraw those remarks?

The DEPUTY MINISTER OF HOME AFFAIRS: They are withdrawn, Speaker. The SPEAKER: Accepted. [Applause.] Order, hon members! Hon members, there is another matter on which I want to offer a word of caution. The hon Deputy Minister, in his speech, also referred to a family member as “a family member of a certain hon member of the House.” It has been the good practice in this House that the family members of an hon member, in matters pertaining to the personal life of an hon member, are not used in political rhetoric in this House. I would urge that we continue this good practice, as those people are not here to defend themselves, and it would be difficult for the member involved to do so.

Since we are in a sporting frame of mind at present, let me conclude by saying that we should play the ball and not the man or woman, as the case might be, in our political engagements. I thank you. [Applause.]

                         APPROPRIATION BILL


                       (Resumption of Debate)

Budget Vote No 1 - The Presidency:

The PRESIDENT OF THE REPUBLIC: Hon Speaker, hon Deputy President, hon members, thank you very much for the opportunity given to us to present The Presidency Budget Vote debate yesterday. We would also like to sincerely thank all the hon Members of Parliament for their comments.

The debate gave us in the House an opportunity to focus our attention on the fundamental role of the Constitution of our country, as the foundation of the nation that we seek to build and admire. It is this profound policy document and law that defines who we are, where we are coming from and our vision for the future. The Constitution is our national vision statement. We therefore cannot accept assertions by some hon members that we do not have a vision.

The manifesto of the ruling party, the programme of action of government as a whole, and the strategic plans of government departments are derived from the national vision statement, the Constitution of the Republic of South Africa. The National Planning Commission and other structures were established to assist us to work better and more efficiently to implement that national vision.

You will recall, hon members, that this vision is derived from decades of hard work and foresight by the ANC. The formation of the ANC was an act of great foresight. The adoption, by the same organisation, of South Africa’s first Bill of Rights in 1923, which was 25 years before the adoption of the United Nations Universal Declaration of Human Rights in 1948, was similarly forward looking.

By the same measure, the adoption of the Freedom Charter in 1955, during a time of great oppression and ruthless repression, was an act requiring great vision. We should also remember that those who led the process of the adoption of the Freedom Charter at the time were thereafter arrested and charged with high treason. In other words, those who have worked for the principles that are found in our Constitution today and the democracy that we practise have always been criticised. In this case, they were, in fact, charged with bringing communism into the country. Of course, they were all acquitted because it was not true. They were describing a type of society they wanted and the society in which we live today.

Hon Minister Naledi Pandor reminded us of that vision yesterday. We have to promote the full establishment of a united, nonracial, non-sexist, democratic society in which the inherent dignity of every person is honoured, respected and upheld.

When we implement programmes designed to expand access to socioeconomic rights - such as ensuring access to water, electricity, sanitation, education, health and other rights - we are implementing the vision stated in the Constitution.

We are also proud of the fact that our Constitution is one of a very few in the world that enshrines socioeconomic rights. Many countries avoided committing themselves to that extent, but this nation did, because of the strong belief that all South Africans are entitled to dignity.

The Members of this Parliament have been elected by the people of this country to hold the executive to account, among other things. We expect therefore that the work of the Presidency, and government as a whole, will be subjected to intense scrutiny. But we should also remember that this government has been elected by the people of this country with a mandate to lead a national effort to advance the achievement of a better life for all.

The people of this country have placed in the hands of this government the responsibility of implementing a programme of fundamental social transformation. Having spoken about the national vision, we should ask ourselves: What we are doing as political parties to advance that vision? This question is important for consideration of The Presidency Budget Vote.

It is critical that the resources we commit to the work of this office are used effectively and efficiently. It is critical that they are properly used and accounted for. But The Presidency Budget Vote cannot be limited to a simple accounting exercise. It is fundamentally about how we mobilise the capacity of the state to advance the interests of our people, not just for the five years of this administration, but for the next generation and the one to follow.

One of our critical tasks is to promote national unity and social cohesion. I agree with the hon Naledi Pandor that our country continues to be challenged by the need to strive for greater cohesion and stronger unity irrespective of race, gender, religion, culture and political philosophy, which will contribute to creating a better society and an improved quality of life. She is also correct in saying that each leader has a responsibility to work for this cohesion; it cannot be left to the President or Deputy President only.

We must also continue to remind each other about our painful past and our collective effort to make sure that we will never take our country back to the divisive past of racism and hatred. I know, hon members, that at times when people refer to these things, others wish we would not, because our past was indeed painful. I’m sure those who experienced that pain wish to remind this country that we cannot go back to that pain, because they know how painful it was. [Applause.]

During our address to this House yesterday we said that when we buried apartheid, we also buried racism. We reiterated that we must discourage anyone, regardless of their grievances, from trying to take our country back to the divisive past of racism and division. South Africans, both black and white, have accepted each other as compatriots and live in harmony in the country of their birth.

We therefore disagree with the assertion of the hon Pieter Mulder that many South Africans experience uncertainty with regards to the future of this country. There cannot be “many” South Africans. South Africans are optimistic about this country. Despite the challenges, they remain hopeful that things will get better each day, simply because they know that there are programmes in place, and that work is continuing to change their lives.

It is our responsibility as leaders to nurture that hope and co-operative with one another to create a positive climate in which people can work together, and in which our country can succeed and thrive. As leaders, it is also our responsibility to defuse tensions and correct the wrong perceptions where they occur.

We must all make all our people comfortable and secure, and not seek to make one section of society insecure, for example by exaggerating the fears of minority communities. If we make the assertion, when we are in this Parliament, that the majority of this country is uncertain, we are actually exaggerating the feelings of the minorities. That is not correct. I think it is important to put that correctly. Otherwise, those who look at us will remain with the wrong impression – that the majority of this country is feeling uncertain. It can’t be true.

We want to believe that we passed that era during the 1990s. We now have structures and platforms to work together to discuss such issues without whipping up emotions. This is important to our nation-building, which must include a change in how we look at things, and what we do at this level to help those who are not like us, who look at us and hear us and therefore take in what we say.

We become worried too when Members of Parliament, who are important ambassadors of this country, fail to appreciate the achievements and successes of this nation, simply because they do not want to be seen giving credit to the ruling party. [Applause.] The hon Malusi Gigaba raised the question of whether or not the opposition had helped the Presidency in discharging its mandate or if they had used the debate as a platform for media sound bites and finger-pointing.

The Budget Vote debate is meant to help the Presidency to perform better. A number of speakers yesterday took up that challenge.

Umntwana WakwaPhindangene [Prince of KwaPhindangene], the hon Prince, Dr Mangosuthu Buthelezi, spoke about the need for a continental marketplace that would unleash the economic potential of Africa, and that would accelerate our own development. His contribution provides guidance to the Presidency in defining its priorities and deploying its resources. It provides a context in which we can place our ongoing efforts to contribute to the resolution of conflict in a number of countries.

This is the kind of constructive opposition we need, opposition that can balance achievements, and indeed, ideas to help government move forward. [Applause.] I’m saying this because I know Ndabezitha, when he wants to be critical, he is critical. But he does not become critical permanently. [Applause.]

Over the past year, the Presidency has dedicated much energy to the facilitation of conflict resolution processes, in Zimbabwe, Madagascar and elsewhere, precisely because peace and stability are critical to the kind of economic development to which the hon Shenge referred.

We agree that the biggest challenge to Africa’s economic integration and development is infrastructure. Infrastructure is not only important to facilitate the movement of goods and people and intra-trade, but it is also a vehicle to create much-needed jobs. For our part, we will continue to play our role in the region and the continent, guided by our foreign policy, to contribute to the struggle to build a better and just world.

A central message that we took to the World Economic Forum meeting in Dar es Salaam, Tanzania, last week, to which the hon Shenge referred, was that in this changing and somewhat uncertain world, Africa matters and South Africa matters.

South Africa is a proven connector and a bridge, not just to the last great investment frontier, Africa, but between old and emerging powers. The economic indicators are positive and are in our favour at this point. The World Economic Forum’s Global Competitiveness Report 2009-2010 notes that there has been a significant improvement in the evaluation of South Africa’s financial markets, which have increased in rank from 24th last year to a very high 5th this year. [Applause.]

We must use our competitive edge and our resources to the fullest to achieve our goals of creating decent work and improving the quality of life. And we must not be shy to acknowledge or speak about our achievements and positive attributes.

One of these attributes is that South Africa is rich in intellectual capital, as is evident from our world-renowned universities, research institutions, centres of excellence, technologically advanced businesses and creative sectors.

South Africa’s innovations in areas such as banking for the poor, astronomy, ICT and others are recognised as playing an important role in the region’s development. South Africans should be proud of these achievements.

This country’s achievements, especially the size of its economy relative to the rest of the African continent, and the extent to which its businesses are integrated into the economies of Southern Africa, make it a critical economic and political player in Africa.

The impact of economic growth in South Africa is said to contribute between 0,5% and 0,75% growth in the rest of Africa.

South Africa will therefore strive to play a positive and constructive role on the continent through its drive to promote intra-Africa trade. South Africa will continue to increase levels of competitiveness with the objective of making Africa an attractive trade and investment destination and growth pole.

Hon members, we must really appreciate the fact that economic conditions continue to improve in South Africa. Data released this week confirms that the manufacturing sector is growing faster than some analysts expected. [Applause.]

Our macroeconomic projections in the Budget presented by the Minister of Finance in February expected GDP growth to rise to 2,3% in 2010 and 3,6% by

  1. The Minister indicated in the Treasury Budget Vote this week that those estimates were probably too conservative, and might be revised upwards at some point.

We need to take advantage of the fact that investors who are coming out of a recession are looking at opportunities, given the fact that our economy is well managed. Having said that, the employment figures released last week also showed that some of the apparent employment gains of the last quarter of 2009 were short-lived.

Some sectors of the economy are still weak, and we again urge employers and workers in such sectors to use the measures we have introduced to save companies and to save jobs. These measures that we as government, organised business, the trade unions and the community have put in place to counteract the effects of the crisis will remain in place.

Another good news story is that various research agencies are indicating an improvement in the quality of lives of South Africans. [Applause.] The Bureau for Economic Research at the University of Stellenbosch recently reported that our economic growth since 2003 has benefited many South Africans, not just a few.

The number of black consumers identified in the poorest three categories of the Living Standards Measure fell from nearly 11 million to under 6 million in the six years from 2003 to 2009. The standards of living are improving. The number of black consumers in the top four categories of the Living Standards Measure grew from under 1,5 million to nearly 4,5 million.

While welcoming that progress, we also note that much more still need to be done. Therefore, the hon Bantu Holomisa is correct to ask: “For how long, Mr President, will the millions that live in the desolate former Bantustans and townships, that were the dumping ground of apartheid, accept their lot?”

In doing so, he is touching on the most critical issue that this House, this government, and this Presidency must confront more vigorously: the general living conditions of our people. This is not only a matter of social cohesion and stability. It is a matter that goes to the heart of our assertion that South Africa belongs to all who live in it. This is not just about citizenship. It is about all South Africans having an equal claim to the country, its land and its resources.

We have taken him up on that point, because it is a very important point. If you went around this country, certainly you would find that the home of poverty is the former homelands. Therefore we do need to look at that and ask: What can we do, all of us together, to alleviate the situation? These are the type of ideas that we expect from the opposition. [Applause.] On 18 May, I will meet with premiers and their MECs responsible for human settlements in a special Presidential Co-ordinating Council to focus specifically on human settlements. [Applause.] We will ponder questions such as what our understanding is of the ideal living conditions of our people, what our communities should look like and what are the challenges. We are really confronting this issue head-on.

We have provided free housing. The indications are that we have met the housing backlog in most provinces. However, in a country where many are unemployed, the houses are rented out for regular cash flow. This is according to information we have received. People are given houses; they then rent them out so that they can earn a living and create more informal settlements. That is the information we have. [Applause.]

People move back into shacks in areas for which no services are planned and then they demand services there. It is important for us to understand this because we have been doing research into why the informal settlements keep on growing when we keep on providing houses.

This requires a national cohesive approach. We have to go beyond just appealing to people not to rent or sell the houses that government provides to them. We will discuss how to ensure that each house that has been allocated is occupied by the people to whom it was allocated. [Applause.] We look forward to a fruitful session using the experiences of all nine provinces.

Hon Speaker, we concur with the hon Themba Godi who reminded us that we should ensure continued pursuance of transformation and good governance. We have noted his reminder about accountability in the use of public resources, and also that we should serve our people with pride. That is the message we are sending to our public servants as we move in a new direction of doing things differently, and putting people first.

The hon Mudene Smuts raised serious concerns about the restructuring of the National Prosecuting Authority, NPA, especially reports of disbanding the specialised units. Minister Collins Chabane outlined yesterday that after signing performance agreements with the President, Ministers will, in turn, negotiate delivery agreements with all partners that are responsible for a particular outcome, and these would be concluded by July. The justice, crime, peace and security cluster is in the process of negotiating its delivery agreement. Any possible restructuring of the NPA has been deferred pending the finalisation of what the cluster must first conclude.

Let me assure the hon Smuts that we will put the interests of the country and the Constitution first in going about this very important task of ensuring that justice is dispensed fairly, impartially and effectively.

The hon Patricia de Lille wants us to release the performance agreements signed with Ministers. The process is still ongoing, as explained by both Minister Chabane and me. Ministers are still to conclude delivery agreements within their clusters. These detailed delivery agreements will clarify roles, mandates, resources and other critical information.

When asked about it by the media, I said that it is not the plan to publicise these agreements. The major point I wanted to make known is that I was going to sign agreements with the Ministers. I was merely responding to a question that was directed at me. The plan was not necessarily to publicise these agreements, but it is not because these agreements are secret and cannot be published. However, since there is an outcry for these agreements to be made public, I don’t think it will be a problem because the outcomes of these agreements are very clear. So once these processes have been concluded, those who are interested will get to know about it. [Applause.]

We therefore urge hon members to bear with us while we conclude this groundbreaking process, which will truly change the way government works.

We trust that the opposition wants access to these agreements so that they can provide advice on how to strengthen implementation, and not because they want to generate media headlines about who is performing and who is not, and who should be fired. [Interjections.] That is not the purpose of these agreements. Their purpose is to make government work faster, smarter, and harder. That is the purpose. [Interjections.]

The SPEAKER: Order, hon members! Order!

The PRESIDENT OF THE REPUBLIC: The purpose is certainly to improve and change the way government works. This is not a punitive exercise. I don’t think we should understand this as a way of bringing into play punitive measures, not at all.

We reiterate that the defining feature of this administration will be to change the way government works. We want government to work faster, better and more efficiently and effectively. I am sure that those who are always pessimistic don’t think this is going to happen. It is going to happen. This is not to prove a point; it is just to govern the country properly. That is the idea. [Applause.]

We would greatly benefit from suggestions from Members of Parliament on how to make this exercise a success. That is what we would be keen to hear as we move forward. I am sure hon members will agree that we all have the objective of seeing a prosperous South Africa.

I have argued several times that what we differ about is the route to reach that prosperity. We do not disagree about the fact that we want a functioning South Africa. That is why I am making the point that we should therefore be asking: How do we move forward? Of course, some people may feel that we must do this because we want to be in power so that we can be in the driving seat. That’s absolutely correct. However, let us be constructive in our role as the opposition, particularly if we don’t want to be reminded that the day when the current ruling party is going to be removed from power is very, very far away. [Applause.] If it will ever come. [Applause.] It is very, very far off.

In the meantime, let us make South Africa work. Let us make South Africa a good country. That’s very important. [Interjections.] Well, I’m trying not to say what I usually say because there is a Reverend here who doesn’t like it. [Laughter.] Shenge!

Hon members, you will agree with me that the 2010 World Cup spirit has truly ignited unprecedented displays of national pride by all South Africans. This very House turned colourful yesterday, owing to the beautiful scarves in the colours of the national flag that we all wore, courtesy of the International Marketing Council that really wants to market South Africa. I sat there and looked at all of us and said to myself: what a wonderful thing. We are all South Africans. Whoever walked in here yesterday would not have been able to say, “This party sits here and that party sits there.” Were just South Africans, under the South African flag. Wonderful! [Applause.]

We acknowledge the good work of the International Marketing Council – I think it was displayed yesterday - that reports to the Presidency via Minister Chabane, the Department of Arts and Culture, the GCIS, Sport and Recreation SA, SA Tourism and other agencies that are part of a massive campaign to promote the World Cup amongst South Africans.

The branding and marketing are visible and successful. Keep up the good work. [Applause.] We urge hon members to help us take the campaign to every corner in order to mobilise South Africans to deliver a memorable and successful event.

Hon members, let me re-emphasise the need for us to work together to build our country. We have achieved a lot in the past 16 years; we just have to build on it. This country belongs to all of us.

In closing, let me borrow once again from Inkosi Albert Luthuli’s speech to the Congress of Democrats in 1958. Those of us who are old enough will know that he was a man of wise words, and I’m sure Umntwana will agree as he interacted with him. He said: It is often suggested, quite rightly, that democracy was developed in homogeneous communities - in Europe, possibly in Asia to an extent - in communities that were homogeneous in colour. Here in South Africa we are not a homogeneous community, not as far as race and colour are concerned nor possibly even in culture. It is suggested that people in homogeneous communities can very well speak of democracy being shared; but in a community like ours, diverse in very many respects, you can’t hope to share democracy. But I personally believe that here in South Africa, with all our diversities of colour and race, we will show the world a new pattern for democracy.

[Applause.]

 I think there is a challenge to us in South Africa to set a new example
 for the world. Let us not side-step that task. What is important is
 that we can build a homogeneous South Africa on the basis not of colour
 but of human values.

What wise words! We have actually done exactly what Inkosi Luthuli said we should do, and we are an example to the world, united in our diversity. Let us build on this – an exemplary South Africa for the world. I think we are capable of doing so. I am sure we are all up to the challenge. All of us! Working together, we can do more! All of us! I thank you, hon Speaker. [Applause.] Debate concluded.

The House adjourned at 15:12.