UNREVISED HANSARD
\r\nNATIONL COUNCIL OF PROVINCES
\r\nTUESDAY, 17 MAY 2022
\r\nWatch: Plenary proceedings
\r\n____
\r\nPROCEEDINGS OF THE NATIONAL COUNCIL OF PROVIINCES
\r\n____
\r\nThe Council met at 14:01.
The Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.
\r\nThe CHAIRPERSON OF THE NCOP: Hon delegates, before we proceed I would also like to remind you of the following that the virtual sitting constitutes a sitting of the National Councilof Provinces, that the place of the sitting is deemed to beCape Town where the seat of the National Council of Provinces
\r\nis, that delegates in the virtual sitting enjoy the same powers and privileges that apply in a sitting of the National Council of Provinces, that for the purpose of the quorum all delegates who are logged on to the virtual platform shall be considered present, that delegates must switch on their videos if they want to speak, that delegates should ensure that the microphones on their gadgets are muted and must always remain muted, that the interpretation facilities are active and that permanent delegates, members of the executive, special delegates and the SA Local Government Association, Salga,
\r\nrepresentatives are requested to ensure that the interpretation facility on their gadgets are properly activated to facilitate access to the interpretation services, that any delegate who wishes to speak must use his or her raise your hand function or icon as we have already said that by now the hon members are familiar with the use of the icon or function.
NOTICES OF MOTION
\r\n\r\nMs S SHAIKH: Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the
\r\nANC:
\r\nThat the Council—
\r\n(1) discusses the ongoing slaughter and mass murders of innocent people in Khayelitsha, Cape Town, Western Cape; and
(2) further notes with disgust the exclusion of the Khayelitsha community from the priority list of the City of Cape Town for the installation of the closed circuit television, CCTv, cameras in this area during this financial year.
\r\n\r\nThank you, Chairperson.
\r\nMs S B LEHHIHI: Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the
\r\nEFF:
\r\nThat the Council—
\r\n(1) debates the legal age of the foster child grant as the current age restrictions of 18 years and younger is too low and should instead be increased in South Africa; and
\r\n(2) also debates that the socioeconomic conditions do not allow for orphans abandoned, abused or neglected children to suddenly become financially independent and able to fend for themselves when they turn 18.
Thank you, Chairperson.
\r\nMr S ZANDAMELA: Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the
\r\nEFF:
\r\nThat the Council—
\r\n(1) debates the issue of water shortages and lack of adequate sanitation infrastructure which is experienced across all municipalities, especially in Mpumalanga; and
\r\n(2) further debates a strategic plan which the Department of Water and Sanitation has in order to resolve this challenges.
\r\nThanks, hon Chairperson.
\r\nMr G MICHALAKIS: Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the
\r\nDA:
\r\n
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\r\nThat the Council debates the underfunding and the
\r\nunderresourcing of the SA Police Service in the Western
\r\nCape by the national ANC government despite the DA’s
\r\nnumerous calls for more funding and more resources as
\r\nwell as the devolution of the SA Police Service, SAPS,
\r\nto a provincial level.
\r\nThank you very much.
\r\nMr E Z NJANDU: Chairperson, I hereby give notice that on the
\r\nnext sitting day of the Council I shall move on behalf of the
\r\nANC:
\r\nThat the Council discusses the apartheid style moves by
\r\nthe City of Cape Town to abruptly stop and deliberately
\r\ndisrupt the livelihoods of the people especially the
\r\nblack and African communities of Cape Town who still
\r\nlives in the disgraceful shacks and humiliating squalor
\r\nthrough the abrupt stoppage of fire victims starter kits
\r\nthrough the City of Cape Town.
\r\nThank you, Chairperson
\r\n
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\r\nTRAFFIC DEPARTMENTS IN MPUMALANGA CONSTANTLY OFF-LINE
\r\n(Draft Resolution)
\r\nMs H S BOSHOFF: On behalf of the DA, I hereby move without
\r\nnotice:
\r\nThat this Council -
\r\n(1) notes with concern the ill-equipped and dysfunctional
\r\ntraffic departments in Mpumalanga that are constantly
\r\noff-line, leaving motorists frustrated and without
\r\nvalid driver’s licences;
\r\n(2) also notes that these traffics departments rarely serve
\r\nmotorists who want to abide by the law and be
\r\nadequately licensed;
\r\n(3) Further notes that motorists in this province have
\r\nvoiced their frustration to the DA, as they are unable
\r\nto renew both their vehicle and driver’s licences
\r\nbecause traffic departments in Mpumalanga are either
\r\nconstantly off line, lacking the necessary equipment or
\r\n
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\r\nare forced to shut down completely as they fail to pay
\r\ntheir electricity bills;
\r\n(4) Again notes that the current circumstances in these
\r\ndysfunctional traffic departments can and should never
\r\nbe deemed acceptable as motorists are forced to wait
\r\nlong periods in snaking queues just to be told systems
\r\nare off line; and
\r\n(5) Finally notes that under a DA-led coalition government,
\r\nthe livelihoods of the citizens would be at the
\r\nforefront, and every necessary step would have been
\r\ntaken to rectify these problems to ensure that the
\r\nneeds of the residents are addressed.
\r\nI so move.
\r\nNot agreed to
\r\nFAILURE TO SPEND MUNICIPAL INFRASTRUCTURE GRANTS
\r\n(Draft Resolution)
\r\n
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\r\nMr W A S AUCAMP: On behalf of the DA, I hereby move without
\r\nnotice:
\r\nThat this Council -
\r\n(1) notes with concern that the Gamagara Local Municipality
\r\nspent 0% of its allocated R12 273 000 00 Municipal
\r\nInfrastructure Grant for the 2021-22 financial year;
\r\n(2) further notes with concern that the Richtersveld Local
\r\nMunicipality spent 0% of its allocated R14 480 000 00
\r\nMunicipal Infrastructure Grant for the 2021-22
\r\nfinancial year;
\r\n(3) also notes that these municipalities have several
\r\ncommunities that are in desperate need of improvement
\r\nof their infrastructure;
\r\n(4) acknowledges that the failure by these municipalities
\r\nto spend any of the money allocated to them has a
\r\nserious negative impact on the infrastructure
\r\ndevelopment of their communities;
\r\n
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\r\n(5) further acknowledges that it will lead to reduced
\r\nallocations for the next financial year, which in turn
\r\nwill again have a negative impact on the infrastructure
\r\ndevelopment of these municipalities;
\r\n(6) further notes that the DA have on numerous occasions
\r\ncalled on these municipalities to fulfil their
\r\nobligations to service delivery and infrastructure
\r\ndevelopment; and
\r\n(7) condemns the lack of money spent which was made
\r\navailable to them to better the lives of citizens.
\r\nI so move.
\r\nMotion agreed to in accordance with section 65 of the
\r\nConstitution.
\r\nKIDNAPPING OF HUZAIFA SANGE
\r\n(Draft Resolution)
\r\n
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\r\nMs M N GILLION: On behalf of the ANC, I hereby move without
\r\nnotice:
\r\nThat this Council -
\r\n(1) notes with concern the kidnapping of Huzaifa Sange from
\r\nhis family takeaway business in Newfields, near Hanover
\r\nPark in Cape Town;
\r\n(2) also notes that four armed men went to the family home
\r\nwhere the business operates and robbed them before they
\r\nfled with Sange;
\r\n(3) further notes that this kidnapping has highlighted the
\r\nincreased targeting of cash-based businesses by copycat
\r\ngangs; and
\r\n(4) therefore, calls on the police to leave no stone
\r\nunturned in their endeavour to return Mr Sange and lock
\r\nup the criminals responsible.
\r\nI so move.
\r\n
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\r\nMotion agreed to in accordance with section 65 of the
\r\nConstitution.
\r\nTHE ARREST OF THE MAYOR OF MASILONYANE LOCAL MUNICIPALITY
\r\n(Draft Resolution)
\r\nMr G MICHALAKIS: On behalf of the DA, I hereby move without
\r\nnotice:
\r\nThat this Council -
\r\n(1) notes that the Mayor of Masilonyana Local Municipality
\r\nin the Free State, Dimakatso Modise, was arrested
\r\nyesterday and granted bail in the amount of R2 000. She
\r\nis charged for inciting violence in the community
\r\nduring April and June 2021;
\r\n(2) That this council condemns this behaviour of the Mayor;
\r\n(3) further notes that Masilonyana Local Municipality is
\r\ncurrently crippled under unemployment and poor service
\r\ndelivery;
\r\n
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\r\n(4) That the Mayor of a municipality should be elected from
\r\namong the ranks of the cream of the crop of the
\r\ncommunity’s leaders;
\r\n(5) That if this is the best leader the ANC in Masilonyana
\r\nhas, since they elected her Mayor, then the people of
\r\nMasilonyana should get rid of the ANC in its totality
\r\nin this municipality; and
\r\n(6) Finally, that we as a Council reaffirm our support for
\r\nthe principle that nobody is above the law in this
\r\ncountry and express our hopes that justice, in this
\r\ncase too, will be served equally and fairly.
\r\nI so move.
\r\nNot agreed to.
\r\nTHE PASSING OF MAGISTRATE GERHARD KIRSTEN
\r\n(Draft Resolution)
\r\n
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\r\nMr S F DU TOIT: On behalf of the FF Plus, I hereby move
\r\nwithout notice:
\r\nThat this Council -
\r\n(1) notes with great sadness the passing of Magistrate
\r\nGerhard Kirsten, a respected member of the legal
\r\nfraternity;
\r\n(2) also notes that this legal giant will be missed by
\r\nfriends, family and colleagues;
\r\n(3) further notes that his legacy of fair judgement,
\r\nrespect and empathy will live on in his absence; and
\r\n(4) conveys our heartfelt condolences to the Kirsten
\r\nfamily.
\r\nI so move.
\r\nMotion agreed to in accordance with section 65 of the
\r\nConstitution
\r\n
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\r\nSERVICE DELIVERY CHALLENGES FACED BY RESIDENTS OF QWAQWA, IN
\r\nMALUTI-A-PHOFUNG LOCAL MUNICIPALITY
\r\n(Draft Resolution)
\r\nMr M S MOLETSANE: On behalf of the EFF, I hereby move without
\r\nnotice:
\r\nThat this Council -
\r\n(1) notes the ongoing service delivery challenges faced by
\r\nresidents of QwaQwa, Maluti-a-Phofung Local
\r\nMunicipality, and the lack of accountability displayed
\r\nby local councillors and municipal officials in
\r\nhandling the water and electricity crisis;
\r\n(2) further note that Maluti-a-Phofung Local Municipality
\r\nis among municipalities which have in the past, been
\r\nidentified as service delivery hotspots, been promised
\r\nintervention, yet to date, this municipality has not
\r\nbeen able to detect the root cause of these
\r\ndisruptions.
\r\n
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\r\n(3) Acknowledge that residents of Bluegumbosch, Makwane and
\r\nparts of Phuthaditjhaba are often left without water
\r\nand electricity for weeks at a time.
\r\n(4) Further acknowledge that this municipality continues to
\r\nexperience regression in infrastructure, is home to
\r\nthousands of people who cannot afford to pay for
\r\nservices such as electricity and water, and as a result
\r\nare denied access to basic services by government.
\r\n(5) Recognise that corruption, poor financial management
\r\nand cadre deployment have worsened the plight of this
\r\nmarginalized community.
\r\n(6) We therefore make a call to the executive arm of
\r\ngovernment, that it must play a more active role in the
\r\nprovision of basic services as this is an ongoing
\r\nresponsibility.
\r\nI so move.
\r\nMotion agreed to in accordance with section 65 of the
\r\nConstitution
\r\n
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\r\nPASSING AWAY OF GOMORA STAR SIYABONGA ZUBANE
\r\n(Draft Resolution)
\r\nMs A D MALEKA: Chairperson, I hereby on behalf of the ANC move
\r\nwithout notice:
\r\nThat the Council –
\r\n(1) notes with great sadness the tragic passing of one
\r\nof South Africa’s rising film stars, actor Siyabonga
\r\nZubane who played Sdumo in the telenovela Gomora, on
\r\nSaturday,07 May 2022;
\r\n(2) further notes that the cause of his death is not yet
\r\nconfirmed, though it is believed the young actor
\r\ntook his own life;
\r\n(3) recalls that he has also previously acted in Mzansi
\r\nMagics most popular telenovela Isibaya before he
\r\njoined the Gomora cast;
\r\n
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\r\n(4) also notes that the South African entertainment
\r\nindustry has been engulfed by a dark cloud, after
\r\nthe deaths of several notable SA entertainers, all
\r\nin a short space of time in 2022; and
\r\n(5) conveys its condolences to the families, friends,
\r\nmembers of Gomora cast, and the South African film
\r\nindustry at large.
\r\nMotion agreed to in accordance with section 65 of the
\r\nConstitution.
\r\nSTUDY TOUR TO NAMBIA BY SA WHIPPERY
\r\n(Draft Resolution)
\r\nMs L C BEBEE: Chairperson, on behalf of the ANC, I hereby move
\r\nwithout notice:
\r\nThat the Council –
\r\n
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\r\n(1) notes that the Whippery undertook a very successful
\r\nstudy tour to the Parliament of Namibia from 9 to 13
\r\nMay 2022;
\r\n(2) further notes that the study tour, which was a
\r\nbenchmarking exercise on the work of the two
\r\nParliaments, especially on mechanisms and systems
\r\nthat have been put in place to strengthen the role
\r\nof Whips in enforcing discipline among members and
\r\nbuild a cohesive approach towards the representation
\r\nof issues affecting provinces or regions, as they
\r\nare called in Namibia has been both revealing and
\r\nalso enriching;
\r\n(3) takes this opportunity to express its profound
\r\nappreciation the Chairperson of the National Council
\r\nof Namibia, hon Lukas Muha; the Deputy Chairperson
\r\nof the National Council, hon Victoria Kauma; the
\r\nChief Whip and the Deputy Chief Whip Emma Muteka for
\r\nthe amazing work that they did hosting the
\r\ndelegation of Whips from the Council;
\r\n
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\r\n(4) also extends its profound appreciation to the
\r\nSpeaker of the National Assembly, hon Professor
\r\nPeter Katjavivi and Deputy Speaker, hon Loide
\r\nKasingo and Secretary of the National Council, and
\r\nhis team and the team from the NCOP that was led by
\r\nAdv Phindela; and
\r\n(5) further extends its profound appreciation to the
\r\nChairperson of the Council, hon. Mr NA Masondo for
\r\nproviding political approval for the study tour to
\r\ntake place.
\r\nMotion agreed to in accordance with section 65 of the
\r\nConstitution.
\r\nCLIMATE CHANGE AND RAINFALL VARIABILITY IN SA
\r\n(Draft Resolution)
\r\nMr A ARNOLDS: Chairperson, I rise on behalf of EFF move
\r\nwithout notice:
\r\nThat the Council –
\r\n
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\r\n(1) notes that climate change is leading to increased
\r\ntemperatures and rainfall variability as evidence
\r\nshows that extreme weather is becoming more
\r\nprominent in South Africa;
\r\n(2) further notes, that recent estimates from the South
\r\nAfrican Weather Service, show that the year 2021 was
\r\nthe 13th hottest year on record; and that the trend
\r\nof rising temperatures will negatively affect crop
\r\nyields and human health;
\r\n(3) acknowledges that high temperatures can cause heat-
\r\nillnesses, which will put the elderly, children and
\r\npeople with certain pre-existing medical conditions
\r\nat risk;
\r\n(4) further acknowledges that climate change poses a
\r\nsignificant threat to South Africa's water
\r\nresources, food security, health, infrastructure and
\r\necosystem services and biodiversity;
\r\n(5) recognises that export earnings, farmworker and
\r\ntimber plantation worker livelihoods and food
\r\n
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\r\navailability are at risk, particularly in the
\r\nWestern Cape and Northern Cape, which are expected
\r\nto face the worst water stress, but also account for
\r\n95% of South Africa's food exports, 25% of national
\r\nagricultural earnings and 35% of national
\r\nagricultural employment; and
\r\n(6) calls on Parliament to play a more active role in
\r\nrethinking the country’s climate path, as the
\r\neffects of climate change are critical challenges to
\r\nour development.
\r\nMotion agreed to in accordance with section 65 of the
\r\nConstitution.
\r\nZONDO COMMISSION’S REPORT IMPLICATES THE HOUSE CHAIRPERSON FOR
\r\nOVERSIGHT AND INSTITUTIONAL SUPPORT
\r\n(Draft Resolution)
\r\nMs C LABUSCHAGNE: Chairperson, on behalf of the DA, I hereby
\r\nmove without notice:
\r\n
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\r\nThat the Council-
\r\n1. Notes with concern that the House Chairperson for
\r\nOversight and Institutional Support, Ms W Ngwenya,
\r\nMP has been implicated in Part 3 of the Zondo
\r\nCommission’s Report;
\r\n2. Recognises that the Chief Parliamentary Legal
\r\nAdvisor, Adv Z Adhikarie, recommended that the
\r\nSpeaker of the National Assembly, Ms N N Mapisa-
\r\nNqakula, refer Part 3 of the Report to the Joint
\r\nCommittee on Ethics and Members’ Interests to
\r\nconsider the alleged breach of the Ethics Code by
\r\nHouse Chairperson Ngwenya;
\r\n3. Acknowledges with concern that this breach relates
\r\nto the House Chairperson Ngwenya’s term as a member
\r\nof the Portfolio Committee on Correctional Services,
\r\nwhere she is alleged to have executed her functions
\r\nin a biased manner, to the benefit of Bosasa, in
\r\nreturn for monthly cash payments;
\r\n
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\r\n4. Resolves to strip House Chairperson Ngwenya of her
\r\n(a) delegated responsibility as House Chairperson
\r\nand (b) membership of the Ethics Committee while
\r\nthese allegations are being investigated.
\r\nMotion not agreed to.
\r\nSHOOTING AT NEW SOMERSET HOSPITAL
\r\n(Draft Resolution)
\r\nMs N NDONGENI: Chairperson, on behalf of the ANC, I hereby
\r\nmove without notice:
\r\nThat the Council –
\r\n(1) notes with great shock the killing of three people
\r\nby a suspect who opened fire on two patients who
\r\ndied instantly at New Somerset Hospital in Cape
\r\nTown, on Saturday, 07 May 2022;
\r\n(2) also notes the death of the police officer who was
\r\nshot in the head by the same suspect;
\r\n
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\r\n(3) applauds the police officers who disarmed the
\r\nsuspect and arrested him again;
\r\n(4) expresses the hope that security measures will be
\r\nbeefed up at South African hospitals to protect
\r\nstaff and patience, and
\r\n(5) conveys its heartfelt condolences to the families of
\r\nthe deceased.
\r\nMotion agreed to in accordance with section 65 of the
\r\nConstitution.
\r\nSIX PEOPLE KILLED IN ANOTHER MASS KILLING IN KHAYELITSHA
\r\n(Draft Resolution)
\r\nMr E M MTHETHWA: Chairperson, I move without notice:
\r\nThat the Council –
\r\n
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\r\n(1) notes with great shock the shooting and killing of
\r\nsix people at Site C in Khayelitsha on Sunday
\r\nevening, 8 May 2022;
\r\n(2) also notes that five victims died on the scene and a
\r\nsixth victim was certified dead on arrival at the
\r\nhospital;
\r\n(3) further notes that this mass killing follows several
\r\nother mass killings in Khayelitsha,
\r\n(4) conveys its condolences to the families of the
\r\ndeceased, and assures them that our thoughts and
\r\nprayers are with them during this trying time; and
\r\n(5) calls upon the police to live no stone unturned in
\r\nbringing the suspects to book.
\r\nI so move.
\r\nMotion agreed to in accordance with section 65 of the
\r\nConstitution.
\r\n
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\r\nA KIMBERLY WOMAN KILLED BY HER PARTNER IN FRONT OF HER SON IN
\r\nANOTHER GENDER-BASED VIOLENCE INCIDENT
\r\n(Draft Resolution)
\r\nMs S E LUCAS: Chairperson, I move without notice:
\r\nThat the Council –
\r\n(1) notes with concern the continuation of gender-based
\r\nviolence and femicide which was termed a second
\r\npandemic during the Covid-19 pandemic;
\r\n(2) further notes with great sadness the death of
\r\nDanielle van der Linde who was killed in Kimberley by
\r\nher partner in front of her 9-year-old son; and
\r\n(3) conveys its deepest sympathy and condolences to her
\r\nfamily and friends.
\r\nI so move.
\r\n
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\r\nMotion agreed to in accordance with section 65 of the
\r\nConstitution.
\r\nSHACK FIRE IN A KHAYELITSHA INFORMAL SETTLEMENT CLAIMS LIVES
\r\nOF FIVE RELATIVES
\r\n(Draft Resolution)
\r\nMs N E NKOSI: Chairperson, I move without notice:
\r\nThat the Council –
\r\n(1) notes the deaths of five relatives including two
\r\nchildren in a fire which destroyed their shack in
\r\nFrance informal settlement in Khayelitsha on Sunday;
\r\n(2) further notes that the fire started at about 4:30am
\r\nwhile the family was asleep;
\r\n(3) also notes that the neighbours could not help the kids
\r\ndue to the burglar bars though they could hear them
\r\nscreaming; and
\r\n
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\r\n(4) conveys its heartfelt condolences to the family of the
\r\ndeceased in this time of bereavement.
\r\nI so move.
\r\nMotion agreed to in accordance with section 65 of the
\r\nConstitution.
\r\nAL JAZEERA JOURNALIST, SHIREEN ABU AKLEH, IN WEST BANK
\r\n(Draft Resolution)
\r\nMr K M MMOIEMANG: Chairperson, I move without notice:
\r\nThat the Council –
\r\n(1) notes with great sadness the killing of Al Jazeera
\r\njournalist, Shireen Abu Akleh, on Wednesday, 11 May
\r\n2022, allegedly by the Israeli Defence Force;
\r\n(2) also notes Akleh was shot in the head whilst on
\r\nassignment in Jenin, covering Israeli raids on Jenin
\r\nin the occupied West Bank;
\r\n
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\r\n(3) further notes that another Al Jazeera journalist, Ali
\r\nSamoudi, was also wounded after being shot in the
\r\nback; and
\r\n(4) condemns in the strongest possible terms the
\r\ntargeting and the killing of journalists in the
\r\noccupied territories, and in conflict zones like
\r\nUkraine and Afghanistan, which seems like a
\r\ndeliberate pattern of silencing the free press.
\r\nI so move.
\r\nMotion agreed to in accordance with section 65 of the
\r\nConstitution.
\r\nCONSIDERATION OF DIVISION OF REVENUE BILL AND REPORT OF SELECT
\r\nCOMMITTEE ON APPROPRIATIONS THEREON
\r\nMs D G MAHLANGU: Chairperson my greetings to yourself and your
\r\nDeputy Chairperson, Mme Lucas, permanent and special
\r\ndelegates, fellow South Africans, all participants on the
\r\nplatform. A very good afternoon, goeie middag, baie dankie
\r\nAgbare. I am honoured to table before this House a Report on
\r\n
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\r\nthe Division of Revenue Billon on behalf of Select Committee
\r\non Appropriations. The Bill validates the commitment of the
\r\nANC-led government’s economic policy of fostering inclusive
\r\neconomic growth. The National Treasury briefed the committee
\r\ntogether with provincial portfolio committees on finance on
\r\nthe Division of Revenue Bill. I am talking about the Division
\r\nof Revenue Bill, Bill B6 of 2022, on 9 March 2022.
\r\nThe report and the mandate were concluded on 11 May 2022 by
\r\nthe committee. Hon Chairperson, permanent delegates briefed
\r\nprovinces on the Bill and we received and considered mandates
\r\nfrom provinces. We received submission from Congress of South
\r\nAfrican Trade Unions, COSATU, Section 27, Rural Health
\r\nAdvocacy Project, Healthy Living Alliance and Budget Justice
\r\nCoalition. The committee also consulted with the SFP, The
\r\nSouth African Local Government Association SALGA and public
\r\nbenefit organisation, PBO.
\r\nHon Chairperson the committee has made observations and
\r\nrecommendations. We believe that the executive should ensure
\r\nthat any increased allocations to the provincial and local
\r\ngovernment sphere is accompanied by requisite capacity and
\r\nsupport for proper planning and effective implementation of
\r\n
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\r\ngrant funded projects. And that all pillars of accountability,
\r\nmonitoring and oversight are strengthened and consequence
\r\nmanagement implemented immediately.
\r\nHon Chairperson and members, SALGA should expedite its
\r\nengagement with the Executive to resolve the issues of
\r\nmunicipalities owing monies to Eskom, as well as provincial
\r\nand national departments owing municipalities. These issues
\r\nare long overdue and resolving them will partly address
\r\nrevenue challenges for these entities.
\r\nHon Chair, SALGA should intensify its skills development
\r\nprogrammes for municipalities to ensure that allocated funds
\r\nare spent efficiently and effectively to address the lack of
\r\nspending on infrastructure projects and non-compliance with
\r\ngrant framework.
\r\nSALGA should interacts with all recognised traditional
\r\nleaders, to address under-development and infrastructure
\r\nissues particularly in rural areas. SALGA should also work
\r\nwith more various more enforcement agencies to enforce
\r\naccountability and consequence management in municipalities.
\r\n
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\r\nHon members, we have challenged local government to develop
\r\nviable and long term growth programmes for their localities.
\r\nThe importance of small, medium, and micro enterprise, SMMEs,
\r\nblack women and youth owned businesses cannot be overstated.
\r\nGreater economic inclusion will drive growth not just for
\r\nestablished.
\r\nIt is vital that we as legislators establish an enabling
\r\nenvironment through appropriate legislation and budget to
\r\nsupport this drive.
\r\nHon Chairperson, national and provincial government should
\r\nintervene in municipalities only in instances where ...
\r\n[Inaudible.] ... of performing. This should always happen in
\r\nconsultation with the particular municipalities or the
\r\nprovinces. Interventions should ensure effective and ...
\r\n[Inaudible.] ... ratification and consequence management. They
\r\nmust also be accustomed because there is no capital, no one
\r\nsize fits all in as far as governance is concerned.
\r\nHon Chairperson, government must ensure that funds lost due to
\r\ncorruption, maladministration and wasteful expenditure are
\r\nrecovered and paid back to the state. Provincial departments
\r\n
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\r\nand municipalities must ensure that audit improvement are
\r\nimplemented to address wastage of resources raised by the
\r\nAuditor General, as we have seen the report.
\r\nThe Department of Health should ensure that conditional grants
\r\nare utilised to strengthen service delivery and hospital
\r\ninfrastructure. There’s an urgent need for government to
\r\nresolve its inability to employ doctors and nurses and this is
\r\nvery serious and a concern to the committee and the public at
\r\nlarge. We believe that primary health care should be
\r\nstrengthened through community health care workers. The state
\r\nof health care infrastructure maintenance in some provinces is
\r\nworrisome and requires urgent attention.
\r\nThe review of the provincial equitable share, formula should
\r\nbe expedited and we recommend that certain provinces such as
\r\nthe Northern Cape, Gauteng and KwaZulu-Natal, should continue
\r\nto be considered for a bigger share to address the challenges
\r\nposed by their rurality, vastness and population growth. You
\r\nknow I have left to some of the rural provinces.
\r\nHon Chairperson, the National Treasury should expedite the
\r\ntabling the Public Procurement Bill in Parliament, in order to
\r\n
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\r\npromote local procurement initiatives, stimulate domestic
\r\nmanufacturing and fast track economic recovery.
\r\nHon Chairperson and members, the committee recommends that
\r\ngovernment should continue engaging with labour unions to
\r\namicable conclude the public sector wage negotiations. We have
\r\nsaid this several times and I think it will have considered
\r\nfor the last time.
\r\nThe review process of departmental organograms and vacant
\r\nposts is a critical exercise and we expect National Treasury
\r\nto report on this matter in next budget circle. We welcome the
\r\nR21,1 billion allocations for the ongoing responses to the
\r\nCOVID-19 pandemic and for the appointment of the medical
\r\ninterns and community service doctors, who are playing an
\r\nimportant role in ensuring ongoing improvement in the quality
\r\nof health care.
\r\nHon Chairperson, the resources allocated to the Department of
\r\nHealth for the presidential employment initiative will help to
\r\nmitigate the impact youth unemployment. The Department of
\r\nHigher Education, Science and Innovation should ensure that
\r\nR32,6 billion earmarked to fund the shortfall in student
\r\n
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\r\nbursaries is transferred to the National Student Financial Aid
\r\nScheme, NSFAS, timeously to assist the working class and the
\r\npoor students.
\r\nThe Department of Basic Education should table a status report
\r\nin Parliament on school infrastructure backlog and pit
\r\nlatrines around the country, particularly in the Eastern Cape
\r\nbefore social infrastructure backlog runs, is incorporated to
\r\neducation infrastructure grant.
\r\nHon Chair, the department should also table a clear plan on
\r\nhow it intends incorporating the School Infrastructure
\r\nBacklogs Grant, SIBG, without compromising its fundamental
\r\nprinciple and objectives.
\r\nThe Department of Basic Education, National Treasury and
\r\nprovincial treasuries should ensure that provincial education
\r\ndepartments put proper systems in place to ensure effective
\r\nadministration of the R3,7 billion for the Early Childhood
\r\nDevelopment Programme, including a smooth function shift as
\r\ndecided. The Committee is of the view that, for government to
\r\nimprove the quality of education, more investment is needed in
\r\nthe ECD.
\r\n
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\r\nThe Department of Social Development to further address the
\r\nadministrative inefficiencies and corruption affecting the
\r\nsocial relief of distress grant.
\r\nHon Chairperson, hon members the committee reiterate its
\r\nprevious recommendations around gender budgeting and the
\r\nMinister of Finance, that the Minister of Finance, together
\r\nwith the Minister of Women in the Presidency ensure that
\r\nadequate resources are allocated for women, youth and people
\r\nwith disabilities.
\r\nFurthermore, they need to ensure that enough resources are
\r\nearmarked and transferred to provinces for the implementation
\r\nof the National Strategic Plan on Gender-Based Violence and
\r\nFemicide; to help address the scourge of gender-based violence
\r\nincluding those of the Lesbian, Gay, Bisexual, Transgender,
\r\nQueer, Intersex, Asexual LGBTQIA+ community.
\r\nIn line with the proposed amendment to the Local Government
\r\nFinancial Management Grant, FMG, the committee recommends that
\r\nNational Treasury corrects the Grant’s framework that will be
\r\nissued in terms of the Section 15 of the Division of Revenue
\r\nAct, once this Bill has been enacted.
\r\n
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\r\nThere is a need to strengthen and enhance the
\r\nintergovernmental cooperation with regard to information flow
\r\nbetween the executive and the legislatures to avoid the
\r\ninformation gap regarding policy decisions and foster
\r\ntransparency and accountability.
\r\nHon Chairperson, in to order to avoid conditional grant funds
\r\nbeing consumed in salaries instead of service delivery,
\r\nNational Treasury should give serious consideration to ring-
\r\nfencing the amount that can be used for salaries. Those are
\r\nthe control measures that we recommending.
\r\nIn conclusion, hon Chairperson building a developmental state
\r\nrequires that the state should be play a decisive role in the
\r\neconomy. The state cannot be a spectator when the vast
\r\nmajority of our people are unemployed and live in poverty. Hon
\r\nmembers and the Chair many of the interventions in the 2002
\r\nDivision of Revenue Bill are predevelopment and pro poor and
\r\ntherefore welcome them as a committee.
\r\nIn conclusion hon Chairperson and hon members, and our public
\r\nin the country, I wish to thank all committee members,
\r\nprovincial committee members, committee stakeholders, the
\r\n
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\r\nmedia and the general public, as well as the committee support
\r\nstaff. The recommends to this august House that the Bill be
\r\nadopted without amendments. Ngiyathokoza Sihlalo. Thank you.
\r\nDeclarations of votes on behalf of Western Cape and KwaZulu-
\r\nNatal.
\r\nDeclarations of vote:
\r\nMs C LABUSCHAGNE: Hon Chair, I would like to make a
\r\ndeclaration. Thank you, Chair. Hon Chair, the 2022 Division of
\r\nRevenue Bill has some very good aspects to it and signals some
\r\nvery positive trends. There remain, however, several causes
\r\nfor concern which need to be considered before the acceptance
\r\nof the Bill. The increase in allocations to provinces and
\r\nlocal government is welcomed, however, it is important to note
\r\nthat inflation has already reached 5,7% year-on-year in
\r\nFebruary 2022. This means that in real terms funding is
\r\nactually increasing by a very small margin year-on-year. With
\r\ninflation set to increase further over the coming months the
\r\nincrease is, in fact, barely enough to stay stable.
\r\nFor local government the increase is, in fact, insufficient to
\r\nretain existing service delivery levels. As Eskom increases
\r\n
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\r\nof 9,6% and Water Board increases of between 7 and 12% make up
\r\na substantial portion of the costs that local municipalities
\r\nneed to fund with their equitable share, it is obvious that
\r\nservice delivery cannot continue even at the poor levels that
\r\nour communities have been subjected to. Considering
\r\nfurthermore that the cost of fuel is a massive input into
\r\nservice delivery with refuse removal being the obvious biggest
\r\nuser, but also road repairs, leak management and traffic
\r\ncontrol all requiring extensive transport, one can only look
\r\nat the massive fuel price increases with fear for service
\r\ndelivery in our towns and cities.
\r\nThe subsequent reduction planned in the Medium-Term Revenue
\r\nand Expenditure Framework means that even the current small
\r\nburst of good news will be short lived. The Division of
\r\nRevenue Bill also shows little change and innovation to adapt
\r\nto a post coronavirus disease, Covid, reality, with government
\r\ncontinuing to copy and paste budgets with little regard for
\r\nwhat is working and what is failing, or more importantly, what
\r\nis needed. More alarming is the apparent failure of the census
\r\n2022 process, meaning our decisions over the next 10 to 12
\r\nyears will be based on flawed data. Bad data makes for bad
\r\n
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\r\ndecisions. This Bill cannot and should not be supported. I
\r\nthank you.
\r\nMr Y I CARRIM: Hon Chair, thank you very much. Just to say
\r\nthat look our Chairperson covered the key points of the
\r\nreport. If one looks at the Announcements, Tablings and
\r\nCommittee Reports, ATCs, you will find the full set of the
\r\nrecommendations there. Now, the many issues raised by the
\r\nWestern Cape or the DA or Ms Labuschagne herself actually
\r\ncatered for in some or other major either in the report or in
\r\nthe discussions we have had over this Division of Revenue Bill
\r\nor the previous ones ... [Inaudible.] that we are unware of
\r\nthe challenges that you point to. However, obviously ...
\r\n[Inaudible.] half-full or half-empty ... [Inaudible.] you
\r\ncan’t raise issues without recognising the context in which
\r\nthey appear, otherwise you will look for short-term solutions
\r\nwhich will not sustain themselves.
\r\nTherefore, we have repeatedly pointed out those challenges we
\r\nhave had. Some of them are our responsibility as Parliament,
\r\nas the ANC government, and as in fact a state. We accept that.
\r\nWe have never said everything is ... [Inaudible.] we have
\r\nnever said that we are performing perfectly even the President
\r\n
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\r\nhimself said so and the acting secretary general of the ANC...
\r\n[Inaudible.] the previous secretary ... [Inaudible.] the
\r\nissue really is, you know, what do we do about it, and ...
\r\n[Inaudible.] and gloom and fatalism of the DA over Labuschagne
\r\npersonally or in Western Cape. I’m not sure exactly, I think
\r\nshe’s speaking in this case as a DA representative as the
\r\nmajor ... [Interjections.]
\r\nHowever, the issue really is that I don’t know in which
\r\ncapacity because the things Ms Labuschagne mentioned don’t
\r\nnecessarily coincide what the member says in our committee.
\r\nThat’s why it’s ... [Inaudible.] whose behalf she speaks, I
\r\njust take that which she is speaking ... [Inaudible.] on
\r\nbehalf ... [Inaudible.] matters. If it matters most for the
\r\nparty ... [Inaudible.] I can’t just say whatever ...
\r\n[Inaudible.] on behalf of my party as the Chair of the
\r\ncommittee. Since it’s not clear what she’s stated, what she’s
\r\nsaying doesn’t correspond with the robust debate that we have
\r\nand very fruitful one. However, often in fact by the
\r\nopposition members ... [Inaudible.] from other party.
\r\nAlarmist, it seems as if she’s alarming.
\r\n
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\r\nThe issues around the census I think are understandable. Look
\r\nat the context within, no party even the best party in the
\r\nworld could actually deal with these challenges ...
\r\n[Inaudible.] they are ... [Inaudible.] Covid-19, the July
\r\nunrest be brought upon ourselves ... [Inaudible.] yes, true
\r\nbut the ... [Inaudible.] reason for it. They always focus on
\r\nthe internal division of the ANC without looking structural
\r\nunder ... [Inaudible.] people ... [Inaudible.] she. They just
\r\nfollow internal division of the ANC without recognising the
\r\nhighly rationalised inequalities of the society. Let me ...
\r\n[Inaudible.] point to them, but no, they focus solely on the
\r\none that has subjective without the objective. They have yet
\r\nto understand the relationship between the two.
\r\nThen, on the issue of this cut and paste, that is absolutely
\r\nnot true actually. There are aspects that need to be changed
\r\nfundamentally. There are serious of other issues that have
\r\nbeen dealt repeatedly pointed out to restructure reforms that
\r\nare necessary that fall beyond the ... [Inaudible.] of the
\r\nNational Treasury. Those issues have to be addressed. May be
\r\nLabuschagne should pay more attention in the portfolio
\r\ncommittee she is in, now that they speak of issues that she
\r\nseems to be ... [Inaudible.] very understanding of and deal
\r\n
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\r\nwith the matters as, indeed, there are the communications
\r\ncommittee over ... [Inaudible.] the spectrum as, indeed, the
\r\nother aspects of the human settlements issues and so on ...
\r\n[Inaudible.] dealt with. All these issues ... [Inaudible.]
\r\nthat we have to deal with this collaboratively before it
\r\nappointed to the Appropriations committee which deals
\r\nultimately dispersing of funds without looking at this broader
\r\nstructural issue is actually doom to failure.
\r\nTherefore, let’s, in fact, Ms Labuschagne have our
\r\ndifferences, but let’s work together to fight to address them
\r\nin a constructive way. The country right now, more than ever,
\r\nneeds unity despite our differences. Thank you.
\r\nDebate concluded.
\r\nQuestion put: That the Bill be agreed to.
\r\nIn favour: Eastern Cape, Free State, Gauteng, KwaZulu-Natal,
\r\nLimpopo, Mpumalanga, Northern Cape.
\r\nAgainst: Western Cape.
\r\n
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\r\nBill agreed to in accordance with section 65 of the
\r\nConstitution.
\r\nCONSIDERATION OF EMPLOYMENT EQUITY AMENDMENT BILL AND REPORT
\r\nOF THE SELECT COMMITTEE ON TRADE AND INDUSTRY, ECONOMIC
\r\nDEVELOPMENT, SMALL BUSINESS DEVELOPMENT, TOURISM, EMPLOYMENT
\r\nTHEREON
\r\nMr M I RAYI: Hon Chairperson, greetings to you, the Deputy
\r\nChairperson, MECs present and the hon members. The Select
\r\nCommittee on Trade and Industry, Economic Development, Small
\r\nBusiness Development, Tourism, Employment and Labour, having
\r\nconsidered the subject of Employment Equity Amendment Bill of
\r\n2020 National Assembly ... [Interjections.]
\r\nThe CHAIRPERSON OF THE NCOP: Please proceed, hon Rayi, and
\r\norder to the member in the background who is causing some
\r\ndisturbance. Please proceed, hon Rayi.
\r\nMr M I RAYI: Thank you, Chair. The committee reports that it
\r\nhas agreed to the Bill. The Employment Equity Amendment Bill
\r\nwas referred to the Select Committee on Trade, Industry,
\r\nEconomic Development, Small Business Development, Tourism,
\r\n
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\r\nEmployment and Labour on 16 November 2021. The committee
\r\nreceived a briefing on the Bill, and the purpose of the Bill
\r\nis that the Employment Equity seeks to amend the Employment
\r\nEquity of 1998 Act 55. The amendments have purpose of
\r\nempowering the Minister of Employment and Labour to determine
\r\nsectoral numerical targets for the purpose of ensuring the
\r\nequitable representation of suitable qualified people from
\r\ndesignated groups – that is blacks, women and persons with
\r\ndisabilities at all occupational levels in the work force.
\r\nEnhancing the administration of the Act, including the
\r\nimplementation of section 53 thereof, which provides for the
\r\nissuing of a certificate by the Minister confirming employer’s
\r\ncompliance with chapter 2, or chapter 2 and chapter 3 of the
\r\nAct, as a case may be, in relation to the conclusion of state
\r\ncontracts. Removing the requirement for psychological testing
\r\nand similar assessments of employees to be certified by the
\r\nHealth Professions Council of South Africa. Removing the
\r\nprovision empowering non-designated employers to notify the
\r\ndirector-general of the Department of Employment and Labour
\r\nthat they intend to voluntarily comply with chapter 3 of the
\r\nAct as if they were designated employers.
\r\n
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\r\nThe process that was followed by the committee was to place
\r\nthe advert for public comments in newspapers and radio adverts
\r\nto advertise for public comments. The closing date for written
\r\nsubmissions was 22 January 2022. It was advertised or
\r\npublished in all 11 official languages. The committee then
\r\nreceived submissions from the following stakeholders in
\r\nrespect of the Bill, Business Unity SA, BUSA, Banking
\r\nAssociation of SA, Financial Intermediaries Association of SA,
\r\nBlack Business Council for Built Environment, Association for
\r\nSavings and Investment SA and SA Insurance Association, Master
\r\nBuilders SA, Congress of the South African Unions,
\r\nConstruction Alliance South Africa, South African Civil
\r\nEngineering Contractors.
\r\nThe committee held public hearings on 22 February 2022,
\r\nreceived responses from the Department of Employment and
\r\nLabour in respect of the responses of the submission received
\r\non 8 March 2022, and held deliberations on 15 March 2022. The
\r\noutcome of the committee’s consideration of the Bill was that
\r\nwe voted clause by clause as well as for the Bill. Five
\r\nmembers of the ANC voted in support of the clauses of the Bill
\r\nand also the Bill. [Interjections.]
\r\n
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\r\nThe CHAIRPERSON OF THE NCOP: You seem to have frozen.
\r\nMr M I RAYI: Am I frozen?
\r\nThe CHAIRPERSON OF THE NCOP: It says your internet is
\r\nunstable, but please proceed.
\r\nMr M I RAYI: Oh, sorry. The committee report was supported by
\r\nfive members of the ANC, one member of the EFF and two members
\r\nof the DA voted against the Bill as well as the report. The
\r\ncommittee therefore recommends that the plenary session of the
\r\nNational Council of Provinces approves the Bill. Thank you
\r\nvery much, hon Chairperson.
\r\nDeclarations of Vote:
\r\nMs H S BOSHOFF: Chair, undeniably, unemployment is a runaway
\r\ntrain without any brakes. Currently almost 12 million South
\r\nAfricans do not and will not, in the foreseeable future, have
\r\na job. We are heading for the 50% mark if we count those who
\r\nhave given up looking for a job, and the trend has worsened on
\r\nMinister Nxesi’s watch.
\r\n
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\r\nInstead of revising labour laws and regulations to free up the
\r\nlabour market, he and his department would rather see
\r\ndraconian regulations like the Employment Equity Amendment
\r\nBill which will, in the first place, be a job killer and will,
\r\nin all likelihood, strangle any new and current businesses.
\r\nThis is a destructive piece of legislation which will see
\r\npotential investors taking their investment elsewhere, and
\r\nwill wreak havoc on the economic growth. The only thing this
\r\nBill does is to empower the Minister to set numerical
\r\nemployment targets for any national economic sector after, not
\r\nwith, after consultation with the relevant sectors. The new
\r\npowers vested with the Minister are completely incompatible
\r\nwith the principles of any market-based economy. We therefore
\r\ncannot support this Bill and Report. I thank you.
\r\nMr K M MMOEIMANG: Hon Chairperson, Indeed, the chairperson of
\r\nthe select committee has correctly pointed out the rationale
\r\nbehind the Employment Equity Amendment Bill. From the ANC’s
\r\nside, indeed, this is the progressive move because of the
\r\nbalance of the evidence indicate that indeed that there is a
\r\npoor record of transformation across a number of sectors.
\r\nTherefore, it becomes critical that the Minister of Employment
\r\n
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\r\nand Labour is empowered to determine sectoral numerical
\r\ntargets as clearly indicated by the chairperson of the select
\r\ncommittee.
\r\nWhat is quite important Chairperson, is to indeed indicate
\r\nthat the transformation project in our country is sacrosanct
\r\nand consistent with the aspiration of the Bill of Rights and
\r\ncannot be deterred or be deferred by the ancillary issues such
\r\nas the investment scare and capital flights concerned;
\r\nshortage of skills from the designated purpose and capacity or
\r\nlack thereof from them who reach enforcement agencies.
\r\nThe shortage of skills in critical sectors of the economy such
\r\nas financial services and insurance industries cannot be
\r\nusurped the transformation as these sectors had ample time to
\r\nbe developed demand those capabilities.
\r\nWhat we are not told by the DA is what was correctly captured
\r\nby Prof Roger Southall a professor of sociology at the
\r\nUniversity of Witwatersrand, when he said that South Africa’s
\r\nmain opposition party is caught in an unenviable political
\r\nbind.
\r\n
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\r\nTherefore, as the ANC, we are not surprised that the DA is
\r\nstrongly opposing the Employment Equity Amendment Bill. They
\r\nare opposing it because the DA possess an uncanny ability to
\r\nshoot itself in the foot. It is its real dilemma is how to
\r\nescape the vicious circle. When it sought to attract black
\r\nvoters by endorsing black empowerment, it alienated the white
\r\nvoters to the right and classic liberals.
\r\nLet me warn you, when you reject the Employment Equity
\r\nAmendment Bill, you are going to alienate your potential
\r\nsupport base which you are on the verge of donating on a
\r\nsilver platter to your proxy Mashaba. Therefore, the ANC
\r\nsupports this Bill. Thank you, Chairperson.
\r\nMr T APLENI: Hon Chairperson, the EFF welcomes the Employment
\r\nEquity Amendment Bill which seeks to provide recourse for
\r\nwomen, youth, persons living with disabilities and the black
\r\nmajority who have for years been discriminated against by
\r\nemployers without any form of recourse.
\r\nEmployment equity should have long been achieved by promoting
\r\nequal opportunities and fair treatment through the elimination
\r\nof unfair discrimination and through the implementation of
\r\n
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\r\nprogressive policies. However, it is shocking to note that to
\r\ndate, even in government departments, entities and state-owned
\r\nenterprises, local institutions have failed to comply with
\r\nrequirements of employer equity, particularly with the
\r\nemployment of persons living with disabilities who still face
\r\nmarginalisation and exclusion from the labour market.
\r\nUnder the leadership of the ruling party, blacks are still
\r\nhighly under-represented in key management positions compared
\r\nto their workforce availability. While women make up the bulk
\r\nof the South African population, they still account for only a
\r\nthird of the labour force. Still mainly concentrated in
\r\nservices of hospitality, retail and other manufacturing
\r\nindustries. Whilst whites still dominate top and senior
\r\nmanagement positions.
\r\nThere is no denying that progress in bringing about the change
\r\nin unfair discrimination in the workplace has been painfully
\r\nslow and that the legacy of the workplace discrimination
\r\nagainst blacks leaves on, whilst the gap between the rich and
\r\nthe poor widens.
\r\n
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\r\nWe support this Bill as it is designated to address the
\r\ncolonial exploitation which continues at the exclusion of the
\r\nmajority of our people from having any meaningful
\r\nparticipation in the economy. While legislation is an
\r\nimportant aspect, in addressing workplace discrimination, it
\r\nis on its own not enough to achieve this goal.
\r\nTransformation needs to be supported by employment practices
\r\nwhich are conducive to the development of black workers. So,
\r\nif under administered efficiently, we hope that the Employment
\r\nEquity Amendment Bill will improve the social economic status
\r\nof black people, youth and persons living with disabilities.
\r\nWe support this Bill as it seeks to achieve and promoting of
\r\nequal opportunities and fair treatment at the workplace so as
\r\nto advance the interest of black people with women, youth and
\r\npersons living with disabilities. Thank you very much,
\r\nChairperson.
\r\nMr S F DU TOIT: Hon Chairperson.
\r\nThe CHAIRPERSON OF THE NCOP: Yes, who is that on the
\r\nbackground?
\r\n
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\r\nMr S F DU TOIT: That is Du Toit. I am experiencing technical
\r\ndifficulty, but I see the sound is back on. May I continue.
\r\nThe CHAIRPERSON OF THE NCOP: Yes, I will allow you, Du Toit,
\r\nalthough I called you more than once.
\r\nMr S F DU TOIT: Thank you Chairperson. I appreciate that.
\r\nThe CHAIRPERSON OF THE NCOP: It is alright. I will allow you
\r\nto speak. Please proceed.
\r\nMr S F DU TOIT: Thank you, Chairperson.
\r\nAfrikaans:
\r\nDie kultuur van selfregverdigende aanspraakmaking vir die
\r\nreservering van poste, posisies en aanstellings is wat deur
\r\nhierdie wetgewing bewerkstellig word. Die VF Plus het ons
\r\nsedert 1994 sterk teen regstellende aksie en swart ekonomiese
\r\nbemagtiging uitgespreek.
\r\nThe CHAIRPERSON OF THE NCOP: Hon Du Toit, just a minute.
\r\n[Interruption from the interpretations.]
\r\n
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\r\nThe CHAIRPERSON OF THE NCOP: There is somebody in the
\r\nbackground making a lot of noise.
\r\nPlease stop what you are doing!
\r\nPlease ensure that the translation is done properly.
\r\nEnglish:
\r\nMr S F DU TOIT: They do not mention that the economic
\r\npopulation growth in South Africa between 1993 and 2019, black
\r\nSouth Africans increased from 23,06 million to 47,4 million.
\r\nThat is an increase from 3,4 million to 5,08 million, Indians
\r\nfrom 1,22 million to 1,45 million. White South African
\r\npopulation decreased from 5,1 million to 4,4 million people.
\r\nIf the number of black South Africans doubled, in 26 years,
\r\nobvious there will be more unemployment without economic
\r\ngrowth because the government policies.
\r\nAfrikaans:
\r\nDie kultuur van selfregverdigende aanspraakmaking vir die
\r\nreservering van poste, posisies en aanstellings is wat deur
\r\nhierdie wetgewing bewerkstellig word. Die VF Plus het ons
\r\n
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\r\nsedert 1994 sterk teen regstellende aksie en swart ekonomiese
\r\nbemagtiging uitgespreek.
\r\nThe CHAIRPERSON OF THE NCOP: Can I make an appeal one more
\r\ntime. The translation people are causing a bit of a problem
\r\nand ask the table to assist and manage the problem!
\r\nPlease proceed, hon Du Toit!
\r\nMr S F DU TOIT: Thank you Chairperson.
\r\nAfrikaans:
\r\nBuiten kaderontplooing en staatskaping is rasgebaseerde
\r\nwetgewing een van die grooste redes vir die verval van
\r\nstaatsentiteite.
\r\nMinderheidsgroepe in Suid-Afrika, soos die Indieër, bruin en
\r\nwit gemeenskappe, het tot nou toe en sal ook nie in die
\r\ntoekoms toelaat, dat hierdie uitsluitende wetgewing ons
\r\nverhinder om suksesvol te wees nie.
\r\nDie regering bied ons dalk nie ’n toekoms nie, maar ons skep
\r\nself een. Die regering wil ons potensiaal onderdruk, ons bewys
\r\n
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\r\nhul verkeerd. Die regering stel strenger rasgebaseerde
\r\nwetgewing in, maar ons floreer met kreatiwiteit.
\r\nDie regering blaas rassekonflik, haat en verdeeldheid met
\r\nhierdie wetgewing aan, maar ons ag hul pogings nie bepalend
\r\noor ons lot nie. Welgedaan aan elke persoon wat met genade bo
\r\nhierdie vloek uitgestyg het. Daar is twee hulpbronne wat nooit
\r\nuitgeput raak nie – God se genade en hoop. Volhard, oorwin,
\r\nfloreer!
\r\nThe CHAIRPERSON OF THE NCOP: Thank you, hon Du Toit. We will
\r\nask the team of the table staff to make the translation
\r\nquestion to be a bit easier and more comfortable for almost
\r\nevery one.
\r\nWe will now proceed.
\r\nMotion agreed to.
\r\nQuestion put: That the Bill be agreed to.
\r\nBill agreed to in accordance with section 75 of the
\r\nConstitution.
\r\n
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\r\nCONSIDERATION OF COMPENSATION FOR OCCUPATIONAL INJURIES AND
\r\nDISEASES AMENDMENT BILL AND REPORT OF SELECT COMMITTEE ON
\r\nTRADE, INDUSTRY, ECONOMIC DEVELOPMENT, SMALL BUSINESS
\r\nDEVELOPMENT, TOURISM, EMPLOYMENT AND LABOUR THEREON
\r\nMr M I RAYI: Thank you very much again hon Chairperson. The
\r\nSelect Committee on Trade and Industry, Economic developments,
\r\nSmall Business Development, Tourism, Employment and Labour,
\r\nhaving considered the subject of the Compensation for
\r\nOccupational Injuries and Diseases Amendment Bill, B 21B –
\r\n2020 refer to it. The Compensation of Occupational Injuries
\r\nand Diseases was referred to the committee on 9 November 2021.
\r\nThe purpose of the Bill is that, the Compensation of Injuries
\r\nand Diseases Amendment Bill, seeks to amend the Compensation
\r\nInjuries and Diseases Act of 1993.
\r\nThe amendment seeks to extend the coverage for occupational
\r\ninjuries and diseases to previously excluded vulnerable
\r\nworkers, as well as the improvement of compensation benefits
\r\nto employees. Link to key target of Chapter 10 and 11 of the
\r\nNational Development Plan of 2030. Align the act with the
\r\nrequirements of other legislation to remove ... [Inaudible]
\r\n... on some of the provisions of the act.
\r\n
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\r\nEmpower the National Economic Development and Labour Council,
\r\nNedlac to nominate persons from whom members of the board may
\r\nbe appointed by the Minister, to represent the interests of
\r\norganised businesses organised labour and the state. To
\r\nprovide for the term of office of a board member to be limited
\r\nto two terms. Provide for the disqualification for membership
\r\nof the board, resignation and removal from office. Introduce
\r\nrehabilitation, reintegration and return to work, in order to
\r\naddress the tendency of some employers to dismiss employees on
\r\nthe basis of occupational injuries or diseases.
\r\nIn terms of the process that the committee followed: The
\r\ncommittee invited public comments through advertisement in
\r\nnewspapers and on the radios. The closing date for written
\r\nsubmission was 22 January 2022. The advertisement was
\r\npublished in all 11 official languages. The committee received
\r\nsubmission on the on the Bill from the following stakeholders:
\r\nBusiness Unity South Africa, Congress of South African Trade
\r\nUnions, Injured Workers Action Group, Comsol and COIDLink. The
\r\ncommittee then held public hearings on 22 February 2022, and
\r\nreceived responses from the Department of Employment Labour on
\r\n8 March 2022 on this submission received.
\r\n
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\r\nOn 15 March 2022, the committee deliberated on the Bill. The
\r\ncommittee proposed amendments on clause 39, clause 43, clause
\r\n63 as well as clause 64. The outcome of the committee’
\r\nconsideration of the Bill was that, five members of the ANC
\r\nvoted in favour and in support of the Bill and its clauses.
\r\nTwo members of the DA voted against the clauses of the Bill
\r\nand also the Bill itself. The report was adopted by five
\r\nmembers of the ANC and one member of the EFF. The DA voted
\r\nagainst the report. Therefore, in conclusion hon Chair, the
\r\ncommittee recommends the approval of the Bill by NCOP Plenary.
\r\nThank you so much.
\r\nQuestion put that the Bill subject to proposed amendments be
\r\nagreed to.
\r\nMs H S BOSHOFF: Hon Chair!
\r\nThe CHAIRPERSON OF THE NCOP: Yes, Boshoff!
\r\nMs H S BOSHOFF: I would like to make a declaration plesase.
\r\n
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\r\nThe CHAIRPERSON OF THE NCOP: Let’s proceed to declarations.
\r\nAgain just to remind members, three minutes per declaration.
\r\nSo we will start with you Boshoff.
\r\nDeclarations of Vote:
\r\nMs H S BOSHOFF: Thank you Chair. Many of the industry bodies
\r\nwho made oral submissions to both, the Select and Portfolio
\r\nCommittee on Employment and Labour raised their concerns about
\r\nthe negative impact these arrangements, will have on job
\r\ncreation. It was evident in the submissions that; they are
\r\nvehemently being opposed to as section 43 of the Amendment
\r\nBill will in all likelihood collapse the only elements of this
\r\nact that are currently of benefit.
\r\nHon Minister, those ... [Inaudible] ... who feel the brunt of
\r\nthese amendments will be the employees, as medical
\r\npractitioners will now not be able to utilize third parties to
\r\nassist in the submission of claims, and do not have the staff
\r\ncomplement or the time to undertake these claims directly. The
\r\nnotion that third parties are only there to derive money is
\r\nfalse, as these administrators provide prefunding to claimants
\r\nand then claim from the Compensation Fund. I am of the opinion
\r\nthat the Compensation Fund does not take lightly to be seen as
\r\n
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\r\nfailing the claimants as they are currently doing, and
\r\ntherefore need to eliminate these third-party administrators.
\r\nIt would then also appear as of no study has been done to
\r\ndetermine the impact, the insertion of section 43 will have on
\r\nworkers living in the most rural of areas. These workers are
\r\nreliant on third-party administrators, to draw up and submit
\r\nclaims on behalf of medical practitioners. This privilege is
\r\nnow being denied to them. It is clear that the insertion of
\r\nthis amendment will only bring about legal challenges, which
\r\nthis entity can solely afford. We therefore cannot support
\r\nthis Bill. I thank you.
\r\nMr M DANGOR: Thank you very much, Chairperson, the purpose of
\r\nthe Compensation for Occupational Injuries and Diseases
\r\nAmendment Bill is to amend the Compensation for Occupational
\r\nInjuries and Diseases Act of 1993, so as to amend, substitute,
\r\ninsert, delete, and repeal certain definitions and sections;
\r\nto provide for matters pertaining to the board and its
\r\nmembers; to provide the commissioner to perform certain
\r\nfunctions that were previously performed by the director-
\r\ngeneral; to further provide for matters pertaining to
\r\nrehabilitation, reintegration and return to work for
\r\n
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\r\noccupationally injured and diseased employees; to regulate the
\r\nuse of health care services; to provide to the commissioner to
\r\nreview pension claims or awards; to provide for administration
\r\nof penalties, to regulate compliance and enforcement; and to
\r\nprovide for matters connected therewith.
\r\nReflecting specifically on the COIDA Amendment Bill section
\r\n6(a) provides, the commissioner shall by notice in the gazette
\r\nprescribe the rules referred to in section 56(3)(c), as well
\r\nas the forms to be used and particulars to be furnished in
\r\nconnection with the notice of occupational injuries and
\r\ndiseases, claims for compensation or any other form or matter,
\r\nwhich he or she may deem necessary for the administration of
\r\nthe Act.
\r\nIn effect, section 6(a)(b) of the Act grants the commissioner
\r\nthe power to publish gazette notices as he or she deems it
\r\nnecessary within the prescripts of the law. However, the
\r\naggrieved persons and the juristic persons with regard to the
\r\napplication of this particular clause are at liberty to review
\r\nthe gazetted notices through the available dispute resolution
\r\nmechanisms including the courts.
\r\n
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\r\nCritical to the passing of this Bill is the milestone reached
\r\nin the amendment by including the domestic employees for the
\r\nfirst time, in which this subsector stand to benefit
\r\nretrospectively since 1984. Giving effect to this watershed
\r\nachievement, the administrative regulatory framework must
\r\nstill be developed to expedite its implementation. The ANC
\r\nsupports the Bill in its current form. I thank you, hon
\r\nChairperson.
\r\nMr T APLENI: Sorry, Chairperson, I raised my hand.
\r\nThe CHAIRPERSON OF THE NCOP: I don’t see it. Yes. It’s not
\r\nhere. It doesn’t appear as you can see for yourself but I will
\r\nallow you to speak. Please proceed.
\r\nMr T APLENI: Thank you very much. Chairperson, the EFF
\r\nwelcomes the Compensation for Occupational Injuries and
\r\nDiseases Amendment Bill, which repeals certain sections of the
\r\nAct which are unconstitutional excludes domestic workers from
\r\ncompensation for occupational injuries and diseases.
\r\nDomestic work has been, and continues to be a source of
\r\nemployment for many of our people as studies show that over a
\r\n
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\r\nmillion and a half of the South African workforce is made up
\r\nof domestic workers, the majority of which are women.
\r\nDomestic workers play an important role in supporting the
\r\nlabour market and are the backbone of the economy in any
\r\ncountry around the world, yet not enough is done in regulating
\r\nthis industry which provides essential services to many
\r\nhouseholds, by relieving working families of household chores.
\r\nAnd in many instances, domestic workers work long hours and
\r\nearn low wages which are not a reflection of the work that
\r\nthey do. They generally receive poor wages and yet also
\r\nvulnerable to sustaining injuries on the job, with a number of
\r\nworkers being frequently abused by their employers, with live-
\r\nin domestic workers being particularly vulnerable to such
\r\nabuse because of being isolated and totally under the control
\r\nof their employers, often being hospitalized or dying as a
\r\nresult of work related stress and injuries.
\r\nThe EFF supports the Compensation for Occupational Injuries
\r\nand Diseases Amendment Bill as it seeks to protect such
\r\nworkers.
\r\n
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\r\nWe once again note amendments made in an attempt to strengthen
\r\nthe Compensation Fund, however more work needs to be taken in
\r\nthis regard as there remain no signs of change. We are
\r\nnonetheless pleased that a Bill will come into effect, which
\r\nwill regulate and protect the working conditions of our
\r\nmothers, sisters and many black women in this country. Thank
\r\nyou very much, Chairperson.
\r\nDebate concluded.
\r\nQuestion put: That the Bill, subject to proposed amendments,
\r\nbe agreed to.
\r\nVoting
\r\n[TAKE IN FROM MINUTES]
\r\nBill, subject to proposed amendments, agreed to in accordance
\r\nwith section 75 of the Constitution.
\r\nCONSIDERATION OF REPORT OF SELECT COMMITTEE ON TRADE AND INDUSTRY,
\r\nECONOMIC DEVELOPMENT, SMALL BUSINESS DEVELOPMENT, TOURISM, EMPLOYMENT
\r\nAND LABOUR - VIRTUAL ENGAGEMENT WITH NATIONAL, PROVINCIAL, LOCAL AND
\r\n
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\r\nPROVINCIAL DEVELOPMENT AGENCIES ON STRATEGIES TO BOOST ECONOMIC GROWTH,
\r\nATTRACT INVESTMENTS AND BOOST JOB CREATION IN THE EASTERN CAPE PROVINCE
\r\nAND BUFFALO CITY METROPOLITAN MUNICIPALITY, DATED 7 DECEMBER 2021
\r\nMr M I RAYI: Thank you very much once again, hon Chairperson.
\r\nLet me indicate that as a committee we have decided that we
\r\nwould be inviting the provinces, municipalities and the state-
\r\nowned enterprises to give us a report on the economic
\r\ndevelopment and a contribution that is made in particular by
\r\nthe state-owned enterprises - the national ones.
\r\nWe started with the Eastern Cape and identified Buffalo City
\r\nMunicipality that was then followed by Free State and with the
\r\nMunicipality of Mangaung and state-owned enterprises. The next
\r\nwould be Gauteng. That is just an introduction.
\r\nThe Select Committee on Trade, Industry, Economic Development,
\r\nSmall Business Development, Tourism, Employment and Labour,
\r\nconvened a virtual meeting on 19 November 2021, invited the
\r\nDepartment of Trade, Industry and Competition, the TIC, and
\r\nthe Public Enterprises, the PE, Passenger Rail Agency of South
\r\nAfrica, Prasa, Transnet, Eastern Cape Economic Development,
\r\nEnvironmental Affairs and Tourism.
\r\n
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\r\nWe received an apology from the MEC, Eastern Cape Development
\r\nCorporation, Buffalo City Metropolitan Municipality and
\r\nBuffalo City Metropolitan Development Agency to discuss their
\r\npolicy and development programmes contributing to the Economic
\r\nReconstruction and Recovery Plan in their respective
\r\njurisdictional areas.
\r\nTheir presentation of all stakeholders acknowledges that the
\r\nCovid-19 outbreak has had a measure effect on both the global
\r\nSouth Africa’s economy performance, social and health systems.
\r\nSmall businesses were more likely to be the hardest hit by the
\r\nlockdown restrictions put in place monies to the spread of the
\r\nvirus. This measures warrant a state support to many small and
\r\nmedium-sized micro enterprises and corporative.
\r\nThe government support to some degree prevented the collapse of
\r\nfirms and industries and there contributing to saving of jobs.
\r\nSome industries have been able to continue operating during
\r\nlockdowns notable online retailers and as a result have seen
\r\nmassive increase in sales whilst most businesses based on
\r\ntourism or hospitality have closed for months. Many jobs in the
\r\nmost affected sectors and industries were lost. The Covid-19,
\r\nSouth African economy and the provincial economies have been
\r\n
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\r\ncharacterised by low investment and poor economic growth with
\r\nbusiness activity and restrain consumer sentiments.
\r\nEnergy supply remains an inherent risk to economic growth and
\r\ndevelopment. Energy supply crisis has the potential to deter
\r\ninvestment and have direct effect on productive capacity,
\r\nwhich subsequently negate South Africa’s employment creation
\r\ninitiatives. Support of SMMEs and co-operatives remain a major
\r\nchallenge.
\r\nAccording to the Eastern Cape Development Corporation 2021
\r\ncorporate plan, nearly 80% of small, medium and micro
\r\nenterprises in the province are survivalist in nature. In
\r\nlight of the constrain fiscal environment partnership with
\r\nprivate sector and development finance institutions, including
\r\ncommercial bank and educational institutions are critical for
\r\nSMEs development as a need for province to develop and
\r\ndeepened private sector participation in the economy to drive
\r\ninclusive economy. In terms of employment contribution, the
\r\nautomotive, agriculture and services sectors are the main
\r\ndrivers of the provincial economy. However, unemployment in
\r\nequality amongst the youth and women remain the major areas.
\r\n
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\r\nThe provincial economic both manufacturing multinationals such
\r\nas Volkswagen South Africa, Mercedes Benz South Africa, Ford,
\r\nJohnson and Johnson, nestle, Denver and Aspen.
\r\nIn secondary sector the economies dominated by vehicles,
\r\nnuclear reactors, wool and precious stones, fruits and nuts
\r\nand locomotives. In diversifying the economy government is
\r\nchampioning need to develop domestic capacity by building
\r\ndynamic firms and local industry capabilities such as
\r\nsuppliers to domestic, regional and global value chains.
\r\nIn this regard, the government-led Industrial Master Plan will
\r\nfurther support efforts to industrialise key sectors of the
\r\neconomy in order to enhance economic development, the Eastern
\r\nCape Development Corporation, ECDC, has been administering
\r\nImvaba Co-operatives Fund since 2009 for growth and
\r\ndevelopment of co-operatives and SMMEs.
\r\nThe report indicates that policies and system of accessing
\r\napproving and dispensing funds in the approve primary and
\r\nsecondary co-operatives have been developed.
\r\n
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\r\nWith regard to Buffalo City Development Agency, the Buffalo
\r\nCity Metropolitan Municipality has reported that it has
\r\nadopted directed a six missions directed goals aligned to the
\r\nEconomic Reconstruction and Recovery Plan. The mission is to
\r\nactivate automotive consolidation and value chain localising
\r\nretain Mercedes-Benz South Africa, MBSA, yield on East London
\r\nDevelopment supplier park establish automotive incubator shift
\r\nto Auto Digital Hub yield deification towards a future fit
\r\neconomy, digital green, agro- industry, creative economic
\r\nindustry. I see, Chair, that I am front done.
\r\nLet me rather go straight to the recommendations because it’s
\r\na very long report which I will try to summarise into seven
\r\npages. With regard to the recommendations: The committee noted
\r\nthat deteriorating logistic network infrastructure could
\r\nderail government recommended retail price, RRP.
\r\nHence it is important to invest in the ports, rail and energy,
\r\nincluding water and sanitation infrastructure. To this end,
\r\nthe committee recommends that the Minister of Public
\r\nEnterprises should summit to the committee before the end of
\r\n2022-23 financial year. A feasibility study which is expected
\r\nto determine whether it is feasible to increase the capacity
\r\n
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\r\nof East London Board, including incentives to expand the
\r\nautomotive terminal.
\r\nSecondly, further the committee recommends that over the 2022
\r\nfinancial year, the Minister of Transport, the member of
\r\nexecutive council responsible for transport and the Body
\r\nCorporate and Community Management, BCCM, with the support of
\r\nnational and provincial Treasury should formulate a plan that
\r\nshould entail financing and funding mechanism to accelerate
\r\nthe implementation of the public transport development
\r\nprogramme in the Buffalo City Metropolitan Municipality.
\r\nThe member of MEC responsible for economic development,
\r\nEnvironmental Affairs and Tourism should engage the provincial
\r\nTreasury to consider funding to invest in the Eastern Cape one
\r\nstop show to improve its organisational capacity and
\r\ncapability in order to fulfil its policy obligation. Funding
\r\nshould set aside in 2022 to medium term and funds should be
\r\nearmarked for boosting investment.
\r\nThe committee recommends that the Minister responsible for
\r\nTransport, Energy, Water and Sanitation and Public Enterprises
\r\nand ICT should develop a collaborative approach with the
\r\n
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\r\nEastern Cape provincial government and the affected district
\r\nmunicipality and produce an integrated plan for investment and
\r\ndevelopment of the eastern side region for the Eastern Cape
\r\nprovince. The plan should be submitted to the committee before
\r\nthe end of 2023-24 financial year.
\r\nFurther, the committee recommends that Buffalo City
\r\nMetropolitan Municipality and Buffalo City Development Agency
\r\nshould submit to the committee the plan that will cover all
\r\ndevelopmental projects within the region. The plan should be
\r\nsubmitted by the end of 2021-22 financial year.
\r\nLastly, the committee further recommends that the Select
\r\nCommittee on Public Enterprises and Communication and the
\r\nSelect Committee on Security and Justice should convene a
\r\njoint meeting inviting the Minister of Police, Justice and
\r\nCorrectional Services to address the low pace of finalising
\r\nthe investigation and prosecution of alleged acts of
\r\ncorruption and maladministration relating to the SOEs. Thank
\r\nvery much, hon Chairperson.
\r\nDebate concluded.
\r\n
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\r\nQuestion put: That the Report be adopted.
\r\nIn favour: Eastern Cape, Free State, Gauteng, KwaZulu-Natal,
\r\nLimpopo, Mpumalanga, Northern Cape, North West, Western Cape.
\r\nReport accordingly adopted in accordance with section 65 of the
\r\nConstitution.
\r\nBusiness of the Council concluded.
\r\nThe Council adjourned at 15:58.