Thursday, 21 october 2010 proceedings of the national council of provinces




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21 OCTOBER 2010 Page: of 149

THURSDAY, 21 OCTOBER 2010

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PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES

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The Council met at 14:03.
The House Chairperson (Mr R J Tau) took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS –see col 000.
NEW MEMBERS
(Announcement)
The HOUSE CHAIRPERSON (Mr R J Tau): Hon members, before we proceed, I would like to take this opportunity to inform the House that we have been joined by two members, that is the hon B L Abrahams and hon T B Beyleveldt, who have already been sworn in. Could those members please stand so that the House can see them. [Applause.] Thank you, hon members.
Hon Abrahams and hon Beyleveldt, you are welcome. We hope that your presence in this House will further enrich its capacity to deliver and improve the lives of all South Africans. You are welcome.
NOTICES OF MOTION
Mr D A WORTH: Hon House Chairperson, on behalf of the DA I hereby give notice that at the next sitting of the Council I shall move:
That the Council –


  1. notes that video conferencing facilities between Parliament and the provincial legislatures launched a year ago with great fanfare are still not being utilised;




  1. further notes that whilst this system was fully funded by the European Union Donor Funding Support Programme, it has now become a parliamentary embarrassment since it is not in operation; and




  1. requests Parliament to inform it as to –




    1. what the problems are;




    1. whether the system will eventually be utilised;




    1. when will it be operational, if it is going to be utilised; and




    1. if the system will be scrapped, at what cost.

Mrs E C VAN LINGEN: House Chairperson, on a point of order: Do we have a quorum, and what is the quorum?


The HOUSE CHAIRPERSON (Mr R J Tau): What is the quorum for? Do we have a quorum for motions?
Mrs E C VAN LINGEN: No Chair. Do we have a quorum in this House today or not, and what is the quorum? And it’s not a malicious or vindictive question; it’s merely a question of clarity.
The HOUSE CHAIRPERSON (Mr R J Tau): Okay, we have the Chief Whip of the Council. Chief Whip, can you respond to that?
The CHIEF WHIP OF THE COUNCIL: House Chairperson, yes, we do. She must do her own calculations in so far as what the number is. She can calculate that, but, as far as we know, we have checked that. That is why we agreed that you must come in because we have a quorum. I don’t remember anywhere in the Rules where it says you need a quorum for motions. However, the House will pass legislation because there is a quorum.

The HOUSE CHAIRPERSON (Mr R J Tau): Thank you, hon Chief Whip, that’s why I wanted to establish whether we needed a quorum for motions.


Mr H B GROENEWALD: House Chair, I hereby give notice that at the next sitting of the Council I shall move on behalf of the DA:
That the Council –


  1. notes that the North West province was officially labelled as South Africa’s most corrupt province by the Minister for Co-operative Governance and Traditional Affairs, Mr Sicelo Shiceka;




  1. further notes that the North West premier continues to showcase her “anticorruption” stance by feeding snippets to the media of a status report about the ongoing forensic and other investigations into municipalities but fails to table any report about fraud and corruption in the North West provincial legislature; and




  1. acknowledges that the premier, Maureen Modiselle, was not prepared to expose criminal individuals in almost all cases involving ANC deployed cadres.

Mr R A LEES: House Chair, I hereby give notice that at the next sitting of the Council I shall move on behalf of the DA:

That the Council –


  1. notes with deep concern and abhorrence the ANC-proposed Media Appeals Tribunal and the Protection of Information Bill, which constitutes a direct attack on South Africa’s fledgling democracy; and




  1. rejects both the proposed Media Appeals Tribunal and the Protection of Information Bill and calls upon the ANC to withdraw these apartheid-type proposals and to reassure all South Africans that it will not again make any further threats to the hard-fought-for democracy.

Mr K A SINCLAIR: Hon House Chairperson, I hereby give notice ...

[Interjections.]
Chair, hon Gunda is struggling with his identity, and now wants to victimise me. [Laughter.]
... that at the next sitting of the Council I shall move on behalf of Cope:
That the Council debates the imminent threat of load-shedding that South Africa is once again confronted with and the effect that this will have on society as well as our economy, all because of poor planning and management by those who, in spite of their failures, get extraordinary remuneration and unwarranted performance bonuses.
Mr M W MAKHUBELA: Chair, I hereby give notice on behalf of Cope that on the next sitting day of the Council I shall move:
That the Council debates the lack of equitable measures by the parole board, as was evident in its granting of parole to William Scott-Crossley, whilst permitting fellow accomplice Mr Makhubela to languish in prison.
Mr O DE BEER: Deputy Chair, I give notice on behalf of Cope that on the next sitting day of the Council I shall move:
That the Council debates the recent incident of Mpumalanga's MEC for human settlements, Mr Madala Masuku, and two of his bodyguards being shot at while travelling and subsequently being robbed by three people masquerading as policemen, driving a car with a flashing blue light, which is cause for utmost concern and determined police counteraction.
Mr R A LEES: Hon Chairperson, I give notice on behalf of the DA that on the next sitting day of the Council I shall move:
That the Council –


  1. notes the intention of global mining giant Xstrata to build its own power station in Limpopo, which is a clear indication of Xstrata’s commitment to doing business in South Africa; and




  1. therefore congratulates Xstrata for this bold move, a move that has been forced upon it by the threat of Eskom power shortages, a power crisis which has resulted from Eskom’s poor planning together with short-sightedness on the part of the ANC government when it was warned of power shortages by the DA as long ago as the early 2000s.

Mrs E C VAN LINGEN: Deputy Chairperson, I hereby give notice on behalf of the DA that on the next sitting day of the Council I shall move:


That the Council –


  1. notes that –




  1. European Union donor funding of €850 million was made available in previous financial years since 2005 for economic development and similar programmes of which tourism development and upgrading programmes formed part;




  1. these funds have been managed by Treasury through a project called Thina Sinakho with an office in each of the nine provinces;




  1. all parliamentary questions, further queries and contact directly with the officials responsible in Treasury for the Thina Sinakho fund or those managing donor funding have not delivered any results;




  1. requests that –




  1. the annual report for the Thina Sinakho fund for the Eastern Cape province be submitted to this House;




  1. the Eastern Cape provincial treasury provides a quarterly report on the spending pattern of the Thina Sinakho fund to this House; and




  1. any other province which also has a similar programme or fund must submit the same as above.


ANC WINS OCTOBER BY-ELECTIONS
(Draft Resolution)
Mr M H MOKGOBI: Chairperson, I move without notice:

That the Council –




  1. notes and welcomes the outcome of the by-elections that were held across four provinces on 6 October 2010, where the ANC won 17 of the 18 contested wards;




  1. further notes that the ANC made inroads in the Western Cape where the first test of the DA-ID pact crumbled, showing clear signs of cracking when the ANC took over two wards in Oudtshoorn, which formerly belonged to the Independent Democrats, ID; and




  1. takes this opportunity to congratulate the people of South Africa for demonstrating their loyalty and trust in the ANC and its public office bearers.

There being an objection, the motion without notice became a notice of motion.


CELEBRATION OF AFRICAN HUMAN RIGHTS DAY
(Draft Resolution)
The HOUSE CHAIRPERSON (Mrs N W Magadla): Chairperson, I move without notice:
That the Council —
(1) notes that today, 21 October, marks African Human Rights Day and the celebration of the 24th year after the African Charter on Human and Peoples’ Rights (African Charter) entered into force;
(2) further notes that the African Charter created the first regional human rights framework for Africa and, through the African Commission on Human and Peoples’ Rights, is able to hold governments accountable for their human rights obligations;
(3) acknowledges that although Africa has made a lot of progress in the promotion and protection of human rights over the past 24 years, including the respect for democratic principles, human rights, the rule of law and principles of good governance, millions of people in Africa are still denied ..
The HOUSE CHAIRPERSON (Mr R J Tau): Hon member, there is one thing I forgot to do. If I may just disturb you for a second, I would like to welcome members back after the constituency period and recess. In doing so, may I just quickly establish whether the motion, as presented by the hon Mokgobi, has been agreed to?
An HON MEMBER: No!

The HOUSE CHAIRPERSON (Mr R J Tau): In the light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of motion. Therefore, in confirming that welcome, you may proceed, hon Magadla.


The HOUSE CHAIRPERSON (Mrs N W Magadla): Chairperson, I move without notice:
That the Council —
(3) acknowledges that although Africa has made a lot of progress in the promotion and protection of human rights over the past 24 years, including the respect for democratic principles, human rights, the rule of law and principles of good governance, millions of people in Africa are still denied their basic human rights and are subjected to the harshest political and socioeconomic conditions in the world;
(4) further acknowledges that despite significant progress that African states have made in putting into practice the principles of the African Charter on Human and Peoples’ Rights, millions of people across the African continent are still faced with the highest proportions of poverty, poor health, hunger, underdevelopment and socioeconomic marginalisation, and that women and children remain the largest victims of civil wars, illiteracy and violence; and

(5) takes this opportunity to make a renewed call to all African states, leaders and civil society to do everything within their powers to promote and protect the political and socioeconomic rights of their citizens and take decisive action to prevent civil and political conflict on our continent!


Motion agreed to in accordance with section 65 of the Constitution.
Mrs E C VAN LINGEN: Chairperson, I passed my motion on to a colleague, so my colleague will proceed with the motion. I am sorry for the confusion.
The HOUSE CHAIRPERSON (Mr R J Tau): All right.
Mr R A LEES: Chairperson, I did not indicate. I apologise if I might have raised my hand to scratch my nose or something, but I haven’t got a motion.
The HOUSE CHAIRPERSON (Mr R J Tau): You see, hon members, what I am trying to do is share the little time that we have as much as possible. That is why, as you raise your hands, I note them and then call you accordingly. I don’t want to find a situation where other members may feel marginalised in the process of motions. So, please don’t scratch your head or your nose to a point where I would think that you have raised your hand.

RE-ELECTION OF SOUTH AFRICA AS NONPERMANENT MEMBER OF THE UNITED NATIONS SECURITY COUNCIL
(Draft Resolution)
Mr M C MAINE: Chairperson, I move without notice:
That the Council —


  1. notes with profound jubilation and great sense of pride the re-election of South Africa as a non-permanent member of the United Nations Security Council, UNSC, for the period 2011-2012;




  1. acknowledges that the re-election of South Africa to the United Nations’ most powerful seat signals a global vote of confidence in the role the country continues to play in international diplomacy, particularly in championing the African Renaissance in such areas as peacekeeping, security, human rights and economic development in the African continent; and




  1. takes this opportunity to congratulate all the South Africans, particularly our ambassadors and the Department of International Relations and Co-operation, for their dedication and great sense of commitment to diligently serve our nation and ensure that we continue to move decisively from our divided past to stand tall on the shoulders of the world.

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


DUMPING OF BABIES IN WESTERN CAPE
(Draft Resolution)
Mrs A N D QIKANI: Chairperson, I move without notice:
That the Council —


  1. notes a recent survey by Child Welfare Cape Town, which showed that approximately 500 babies have been dumped by their mothers around Cape Town in the Western Cape and that most of them survived the ordeal and are currently in care homes;




  1. further notes that in the latest of many incidents ―




    1. a newborn baby boy was pulled alive from a manhole near Killarney Gardens by a truck driver who had earlier seen a woman cradling an infant at the drain;




    1. a 17-year-old mother was charged with murder and perjury in connection with the murder of her six-week-old baby whom she earlier claimed was kidnapped from the Khayelitsha Day Hospital, and




    1. a Khayelitsha woman discovered a dumped baby in a drain in the Green Point informal settlement in Khayelitsha;




  1. acknowledges that although in most cases it has been found that babies are dumped for various reasons, including teen pregnancies, drugs and alcohol abuse, rape, and other socioeconomic factors, the dumping of a baby is a gross and repulsive violation of their rights and a criminal offence; and




  1. takes this opportunity to condemn in the strongest possible terms this inhumane and hideous criminality and calls on communities to create social networks that will embrace the principles of ubuntu and humanity by caring for each other and encouraging those who need assistance to seek help from the avenues made available by the government and civil society.

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


NEW MEMBERS OF THE NATIONAL COUNCIL OF PROVINCES

(Draft Resolution)


Mr M J R DE VILLIERS: Hon Chairperson, I hereby move without notice:
That the Council —


  1. notes the two new hon members in the NCOP, hon T Beyleveldt and hon B Abrahams;




  1. further notes that hon Beyleveldt is from the Western Cape and is also the Whip for the Western Cape in the NCOP, while hon Abrahams represents Gauteng in the NCOP;




  1. acknowledges that these two members are also representing the Democratic Alliance in the NCOP; and




  1. takes this opportunity to wish them well and fruitful deliberations in the NCOP.

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


RACISM AT THE UNIVERSITY OF STELLENBOSCH
(Draft Resolution)
Mr M P JACOBS: Chairperson, on behalf of the ANC, I hereby move without notice:
That the Council —


  1. notes with utter disdain reports of the explicit prevalence of racism in the University of Stellenbosch and allegations of racial profiling of black students by the local police station;




  1. takes this opportunity to —




  1. condemn in the strongest possible terms such blatant attacks and violation of our constitutional principles and ideals; and




  1. reject with contempt any misguided insinuation from the police that seems to suggest that black students must carry their student cards all the time when the university policy clearly stipulates that students are not required to carry student cards when on campus; and




  1. calls on the Minister of Higher Education and Training, the hon Mr B Nzimande and the Minister of Police, the hon Mr N Mthethwa, to ensure that this issue receives expedient attention.

Motion agreed to in accordance with section 65 of the Constitution.
ANC NATIONAL GENERAL COUNCIL
(Draft Resolution)
Mr G G MOKGORO: Chairperson, I hereby move without notice:
That the Council ―


  1. notes that the African National Congress held a successful national general council, NGC, over five days from 20 to 24 September 2010 at the Inkosi Albert Luthuli International Convention Centre in Durban;




  1. further notes that the NGC, which was attended by 2 840 delegates, observers, dignitaries, members of the diplomatic corps, and the media, came out united and highly resolute in the quest to retain the historical character and carry the national duty to advance the lives of the people of South Africa, and




  1. takes this opportunity to congratulate all the delegates and officials who showed a strong sense of commitment, dedication and loyalty to this life-time organisation by making sure that the NGC remains a resounding success.

The HOUSE CHAIRPERSON (Mr R J Tau): In light of the objection the motion may not be proceeded with. The motion without notice will now become a notice of motion.
STERLING WORK DONE BY MS ELIZABETH SKABATE
(Draft Resolution)
Mr S D MONTSITSI: Modulasetulo ya kgabane [Hon Chairperson], I hereby move without notice:
That the Council —


  1. notes the sterling work done by Ms Elizabeth Skabate in Orange Farm in Gauteng where she gives haven to poverty-stricken children and orphans;




  1. further notes that Ms Skabate’s makeshift shack has reignited a great sense of hope and security for the children who are largely from poverty-stricken households and some without parents;




  1. takes this opportunity to congratulate Ms Skabate for her dedication and spirit of ubuntu and calls on South Africans to open their hearts and assist Ms Skabane to build a solid structure for the children.

Motion agreed to in accordance with section 65 of the Constitution.
MIRACULOUS SURVIVAL OF TWO-YEAR-OLD BABY
(Draft Resolution)
Ms B P MABE: Chairperson, I hereby move without notice:
That the Council —


  1. notes the heart-rending story of a two-year-old baby who miraculously survived on the back of her 27-year-old mother who jumped to her death from a five-storey building in Berea, Johannesburg;




  1. further notes that the baby is currently in a stable condition at the Charlotte Maxeke Johannesburg Academic Hospital; and




  1. takes this opportunity to wish the little baby a speedy recovery and calls on all South Africans who experience social-related problems to seek support.

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


BURNING OF A 16-YEAR-OLD IN HEINZ PARK, CAPE TOWN

(Draft Resolution)


Mrs R N RASMENI: Hon Chairperson, I hereby move without notice:
That the Council —


  1. notes the inhumane and cruel burning of a 16-year-old in Heinz Park near Philippi in Cape Town just over three weeks ago in a horrible incident which has been described as gang related;




  1. further notes that the 16-year-old girl was dragged into a house and severely beaten by several men and women who burnt her with a flammable liquid, which resulted in her sustaining serious burns to her face, breasts and hands;




  1. takes this opportunity to condemn in the harshest possible terms this senseless, inhumane and brutal act and congratulate the girl for her determination and courage to fight her attackers for survival and wishes her a speedy recovery.

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


ROAD ACCIDENTS AND FATALITIES
(Draft Resolution)
Mr S S MAZOSIWE: Chair, I move without notice:
That the Council —


  1. notes that 75 commuters, including schoolchildren, were injured when one Golden Arrow bus crashed into the back of another in Cape Town on Wednesday, 20 October 2010;




  1. further notes that this accident comes barely a month after 13 people were killed and 32 others, including three children, were injured in a head-on taxi collision about 35 km outside Laingsburg in the Western Cape;




  1. acknowledges that the national statistics show horrific carnage on our national and provincials roads, with private cars responsible for by far the largest share of fatalities and that most of the drivers who die on the road are young – 51% are between the ages of 20 and 39 years; and




  1. takes this opportunity to call on all South African road users to be responsible as we approach the festive season by declaring its commitment to National Transport Month and the national road safety programmes and of all the provinces by declaring: “Be safe, stay alert to be alive.”

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

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