23 August 1999 Page 1 of 73
MONDAY, 23 AUGUST 1999
____
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 14:01.
The Deputy Chairperson 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 Deputy Chairperson announced that Mr G R Krumbock,
representing Mpumalanga, and Mr K D S Durr, of the Western
Cape, had made the oath before the Judge President of the
Cape of Good Hope Provincial Division of the High Court,
Justice E L King, on 3 and 12 August 1999, respectively.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana):
Order! I take this opportunity to welcome the hon members
to this Chamber.
23 August 1999 Page 2 of 73
NOTICES OF MOTION
Mrs A M VERSVELD: Mr Chairperson, I hereby give notice that
at the next sitting of the Council I shall move:
That the Council -
(1) noting that -
(a) the Department of Sea Fisheries has budgeted
money for the maintenance and improvement of
proclaimed harbours;
(b) the Viskor archive in Paardeneiland, which is
currently closed to private individuals,
contains detailed information regarding these
harbours; and
(c) successful tenderers for this maintenance and
improvement work have to spend large sums of
money regathering the information on these
harbours already in the archive; and
(2) further noting that the courts can hold the state
financially liable should persons using these
harbours be injured;
23 August 1999 Page 3 of 73
(3) therefore calls on the Minister to give instruction
that -
(a) the Viskor archive be reopened to the public;
and
(b) the materials contained in the archive be
properly stored and maintained.
Mr P A MATTHEE: Mr Chairperson, I hereby give notice that
at the next sitting of the Council I shall move:
That the Council -
(1) takes note of the shocking massacre of nine people,
including two children, at Richmond Farm near
KwaMashu in KwaZulu-Natal on Friday;
(2) further takes note of media reports according to
which survivors and members of the community say
gangs in the said area are completely out of control
and have driven hundreds of residents out of
Richmond Farm;
(3) requests the Minister of Safety and Security
immediately to take the necessary steps to enable
23 August 1999 Page 4 of 73
the SA Police Service to restore law and order to
the said area; and
(4) expresses its deepest sympathy with the families of
the deceased and wishes those injured a speedy and
full recovery.
EARTHQUAKE IN TURKEY
(Draft Resolution)
Mr A E VAN NIEKERK: Mr Chairperson, I hereby move without
notice:
That the Council -
(1) takes note of the shocking and terrible loss of the
lives of thousands of people and the unspeakable
human suffering in Turkey as a result of the
devastating earthquake;
(2) expresses its deepest sympathy with the Turkish
people and all others who have lost loved ones and
family in the disaster;
(3) wishes the injured a speedy and full recovery;
23 August 1999 Page 5 of 73
(4) expresses its heartfelt thanks to those South
African emergency service staff who are reportedly
expected to fly to Turkey tomorrow to help in the
operation, inter alia to find many thousands of
bodies believed buried in rubble; and
(5) assures the said South Africans of our best wishes
and prayers for the difficult task ahead of them.
The CHIEF WHIP OF THE COUNCIL: Mr Chairperson, we have no
objection to the motion whatsoever. We fully support the
motion, but we would like to move the following amendment:
That the following paragraphs be added after paragraph (5):
(6) notes the contribution by various countries in
providing humanitarian and other aid to Turkey; and
(7) encourages these countries to continue with this aid
in the future and assures them of our support in
this regard.
Motion, as amended, agreed to in accordance with section 65
of the Constitution.
CONGRATULATIONS TO SCHOOL FOR EDUCATING DISABLED CHILDREN
(Draft Resolution)
23 August 1999 Page 6 of 73
Rev P MOATSHE: Mr Chairperson, I move without notice:
That the Council -
(1) salutes the efforts taken by Ms Priscilla Makhafola
and her staff in accommodating disabled children in
their school;
(2) takes notes of the fact that -
(a) the school is coming from a disadvantaged
background with no facilities at all;
(b) they have made it their duty to ensure that
children like Sello Monwametse realise their
dream of education; and
(c) the teachers in this school are keeping in line
with the education clause in our bill of rights
in the Constitution that everyone must have
access to education;
(3) notes with great joy the efforts taken by the school
and the fact that it is setting a shining example
for the country as a whole;
(4) recognises the fact that our country needs people
like Ms Makhafola to take our country forward; and
23 August 1999 Page 7 of 73
(5) thanks the journalist Ms Cornia Pretorius for her
great effort and the Sunday Times who ran the story
- our country needs people like them.
Motion agreed to in accordance with section 65 of the
Constitution.
KILLING OF PEOPLE AT RICHMOND FARM
(Draft Resolution)
Ms B THOMSON: Mr Chairperson, I move without notice:
That the Council -
(1) notes with horror the merciless killings of innocent
people at Richmond Farm on Friday night;
(2) notes the presence of those forces who fight against
peace and progress and who have once more preyed on
innocent and defenceless people;
(3) calls upon the Minister of Safety and Security to
dispatch competent investigators to the case and to
(a) report to the Council in due course about the
progress of the case;
23 August 1999 Page 8 of 73
(b) calls on our communities to be vigilant and
assist the police in their investigations; and
(c) congratulate the leadership of the Inkatha
Freedom Party and the African National Congress
for showing their support and compassion for
the bereaved families, and for undertaking to
continue their efforts to ensure peace and
stability.
Motion agreed to in accordance with section 65 of the
Constitution.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana):
Order! May I take this opportunity to welcome the students
who are sitting in the gallery. We welcome them to our
Parliament and hope that in the near future they will be
the ones seated in this Chamber. [Applause.]
INTERVENTION IN TWEELING LOCAL COUNCIL
(Draft Resolution)
Dr P J C NEL: Mnr die Voorsitter, ek stel sonder
kennisgewing voor:
Dat die Raad -
23 August 1999 Page 9 of 73
(1) kennis neem dat die ingryping in die Plaaslike Raad
van Tweeling, soos vervat in die ad hoc
komiteeverslag gedateer 19 Augustus 1999,
plaasgevind het, dat die administrateur aangestel is
en dat die LUR vir Plaaslike Owerheid in die
Vrystaat bykans alle funksies van die raad opgeskort
het tot verdere kennisgewing;
(2) verder kennis neem dat daar verdere inligting bekend
geword het, naamlik dat die twee vakatures waarna in
die genoemde verslag verwys word vakatures is wat op
die proporsionele lys van die ANC bestaan; en
(3) aanbeveel dat genoemde vakatures onmiddellik gevul
behoort te word, waardeur genoemde probleem in die
Plaaslike Raad van Tweeling grootliks aangespreek
kan word en die ingryping sodoende gouer opgeskort
kan word. (Translation of Afrikaans draft resolution
follows.)
[Dr P J C NEL: Mr Chairman, I move without notice:
That the Council -
(1) notes that the intervention in the Tweeling Local
Council, as contained in the ad hoc committee's
23 August 1999 Page 10 of 73
report dated 19 August 1999, has taken place, that
the administrator has been appointed and that the
MEC for Local Government in the Free State has
suspended nearly all the functions of the council
until further notice;
(2) further notes that additional information has come
to light, namely that the two vacancies referred to
in the aforementioned report are existing vacancies
on the ANC's proportional list; and
(3) recommends that these vacancies should be filled
immediately, whereby the problem in question at the
Tweeling Local Council could be addressed to a great
degree and the intervention could in so doing be
ended more quickly.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana):
Order! Hon member, that sounds like a provincial matter for
which you require a mandate. Do you have such a mandate?
Mr A E VAN NIEKERK: No, Mr Chairperson, it is an
observation made by the New NP. We just wanted to bring it
to the attention of the Council in the manner in which it
was done.
23 August 1999 Page 11 of 73
The CHIEF WHIP OF THE COUNCIL: Mr Chairperson, we object to
the motion without notice. It is a motion which really
requires some research and we are not in a position to
respond to it without going into the details of the aspects
that have been raised. We therefore object to the motion as
moved.
Motion negatived.
MOTION OF CONDOLENCE
(The late Dr John Teboho Kolane)
Ms S N NTLABATI: Mr Chairperson, I move without notice:
That the Council -
(1) notes with sadness the passing away of the Speaker
of the parliament of Lesotho, the honourable John
Teboho Kolane, who passed away at the end of the
Commonwealth Parliamentary Association's Africa
Regional Conference in Accra, Ghana;
(2) further notes that Dr Kolane devoted nearly 50 years
to serving the government of his country;
23 August 1999 Page 12 of 73
(3) extends its deepest sympathy to the people and the
parliament of Lesotho on the loss of the Speaker and
president of the Lesotho CPA branch; and
(4) offers its heartfelt condolences to the family and
the loved ones of this dedicated son of Africa.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Thank
you, hon member, although you stood up before I recognised
you. I could not see whether you were standing or seated.
[Laughter.]
Motion agreed to in accordance with section 65 of the
Constitution.
MOTION OF CONDOLENCE
(The late Mr Kwanda Sojola)
Ms B N DLULANE: Mr Chairperson, I move without notice:
That the Council -
(1) notes with grief and sadness the untimely death of
Comrade Kwanda Sojola, who passed away at
Constantiaberg Medi-Clinic on Tuesday, 17 August
1999, after a short illness;
23 August 1999 Page 13 of 73
(2) conveys its sincere condolences to the bereaved
family and friends of the late Comrade Kwanda
Sojola;
(3) notes that criminals once again are depriving our
country of its talent and resources;
(4) calls upon the police to investigate the matter and
ensure that those responsible be brought before a
court of law;
(5) calls upon the community to assist the police in
solving the case and apprehending the criminals; and
(6) reaffirms the importance of our youth as a precious
resource of our country.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana):
Order! Because of our closeness to the deceased, I request
the Council to rise and observe a moment of silence.
Motion agreed to in accordance with section 65 of the
Constitution, all members standing.
RATIFICATION OF DECISION TO ESTABLISH AD HOC JOINT
COMMITTEE ON PREVENTION OF ORGANISED CRIME SECOND AMENDMENT
BILL
23 August 1999 Page 14 of 73
(Draft Resolution)
THE CHIEF WHIP OF THE COUNCIL: Chairperson, I propose to
substitute the date ``23 August 1999'' in paragraph (2) of
the motion printed in my name on the Order Paper, with the
date ``30 August 1999''. If that is acceptable, I move as
follows:
That, in accordance with Joint Rule 138, the Council -
(1) ratifies the decision by the Chairperson of the
National Council of Provinces and the Acting Speaker
of the National Assembly to establish an Ad hoc
Joint Committee on the Prevention of Organised Crime
Second Amendment Bill (See Announcements, Tablings
and Committee Reports, p 55);
(2) resolves that the Committee be granted leave to
report on the Bill by not later than 30 August 1999,
instead of by 17 August 1999 as indicated in the
decision referred to in paragraph (1).
Motion agreed to in accordance with section 65 of the
Constitution.
EXTENSION OF DATE FOR DISCLOSURE OF MEMBERS' REGISTRABLE
INTERESTS
23 August 1999 Page 15 of 73
(Draft Resolution)
The CHIEF WHIP OF THE COUNCIL: This seems like a shopping
list! Chairperson, I move the motion printed in my name on
the Order Paper, as follows:
That, notwithstanding Item 6(2) of the Code of Conduct
for Assembly and Permanent Council Members, as contained
in the Schedule to the Joint Rules, the date for the
disclosure of members' registrable interests be extended
to 15 September 1999.
Motion agreed to in accordance with section 65 of the
Constitution.
REFERRAL OF PROCLAMATION AND ORDINANCE TO SELECT COMMITTEE
(Draft Resolution)
The CHIEF WHIP OF THE COUNCIL: Chairperson, I move the
motion printed in my name on the Order Paper, as follows:
That Proclamation No 77 of 1999 (assignment of the Poor
Relief and Charitable Institutions Ordinance, 1999
(Ordinance 4 of 1999), and the Poor Relief and Charitable
Institutions (Amendment) Ordinance, 1924 (Ordinance 5 of
1924), to the Eastern Cape Province), submitted to
23 August 1999 Page 16 of 73
Parliament in terms of Item 14(3) of Schedule 6 to the
Constitution and tabled on 18 August 1999, be referred to
the Select Committee on Social Services for consideration
and report.
Motion agreed to in accordance with section 65 of the
Constitution.
RATIFICATION OF DECISION TO ESTABLISH AD HOC COMMITTEE ON
INTERVENTION IN TWEELING TRANSITIONAL LOCAL COUNCIL
(Draft Resolution)
The CHIEF WHIP OF THE COUNCIL: Chairperson, I move the
motion printed in my name on the Order Paper, as follows:
That, in accordance with Rule 160(2), the Council
ratifies the decision by the Chairperson of the National
Council of Provinces to establish the Ad hoc Committee on
Intervention in Tweeling Transitional Local Council (See
Announcements, Tablings and Committee Reports, p 50).
Motion agreed to in accordance with section 65 of the
Constitution.
23 August 1999 Page 17 of 73
REFERRAL OF APPLICATION FOR APPROVAL OF INTERVENTION BY
NORTH WEST PROVINCE IN STILFONTEIN LOCAL COUNCIL TO SELECT
COMMITTEE
(Draft Resolution)
The CHIEF WHIP OF THE COUNCIL: Chairperson, I move the
adoption of the motion printed as Order No 5, as follows:
That, notwithstanding Rule 244(3), the application for
approval in accordance with section 139(1)(b) of the
Constitution of an intervention made by the province of
North West in the Stilfontein Local Council, be referred
to the Select Committee on Local Government and
Administration (See Announcements, Tablings and Committee
Reports, p 59).
Motion agreed to in accordance with section 65 of the
Constitution.
REFERRAL OF APPLICATION FOR APPROVAL OF INTERVENTION BY
NORTH WEST PROVINCE IN WEDELA LOCAL COUNCIL TO SELECT
COMMITTEE
(Draft Resolution)
23 August 1999 Page 18 of 73
The CHIEF WHIP OF THE COUNCIL: Chairperson, I move the
adoption of the motion printed in my name on the Order
Paper, as follows:
That, notwithstanding Rule 244(3), the application for
approval in accordance with section 139(1)(b) of the
Constitution of an intervention made by the province of
North West in the Wedela Local Council, be referred to
the Select Committee on Local Government and
Administration (See Announcements, Tablings and Committee
Reports, p 59).
Motion agreed to in accordance with section 65 of the
Constitution.
REFERRAL OF PROGRESS REPORT ON INTERVENTION IN WARRENTON
MUNICIPALITY TO SELECT COMMITTEE
(Draft Resolution)
The CHIEF WHIP OF THE COUNCIL: Chairperson, I move for the
adoption of the motion printed in my name on the Order
Paper, as follows:
That, notwithstanding Rule 244(3), the progress report by
the MEC for Housing and Local Government of the Northern
Cape Provincial Government on the intervention in the
23 August 1999 Page 19 of 73
Municipality of Warrenton, be referred to the Select
Committee on Local Government and Administration.
Motion agreed to in accordance with section 65 of the
Constitution.
APPOINTMENT OF CHAIRPERSON OF COMMITTEES
(Draft Resolution)
The CHIEF WHIP OF THE COUNCIL: Chairperson, it is my
pleasure to move:
That Ms S N Ntlabati be appointed Chairperson of
Committees.
The DEPUTY CHAIPERSON OF THE NCOP (Mr M L Mushwana): Order!
Hon member, perhaps some of the members do not know you.
Please stand up so that they can see you. Thank you.
[Applause.] I accordingly take this opportunity to
congratulate you on your appointment and I am looking
forward to working with you.
Motion agreed to in accordance with section 65 of the
Constitution.
APPOINTMENT OF DEPUTY CHAIRPERSON OF COMMITTEES
23 August 1999 Page 20 of 73
(Draft Resolution)
The CHIEF WHIP OF THE COUNCIL: Chairperson, it is my
pleasure further to move:
That Mr M J Bhengu be appointed Deputy Chairperson of
Committees.
Mr Bhengu is from KwaZulu-Natal and is a member of the IFP.
The CHAIRPERSON OF THE NCOP: Order! I do not see the hon
member. Please stand up. [Applause.] Thank you. I once
again take this opportunity to congratulate the hon member
on his appointment.
Motion agreed to in accordance with section 65 of the
Constitution.
CONSIDERATION OF REPORT OF AD HOC COMMITTEE ON INTERVENTION
IN TWEELING LOCAL COUNCIL
Mr M BHABHA: Chairperson, this House is required to
consider the request by the provincial government of the
Free State for an intervention into the affairs of the
municipality of Tweeling in terms of section 139 of the
Constitution. In making this decision, this House will be
required to decide whether the intervention is in fact
23 August 1999 Page 21 of 73
necessary, and thereafter whether the terms of the
intervention, as suggested by the ad hoc committee, are
appropriate in the circumstances.
The ad hoc committee conducted an inspection in loco in
Tweeling on 17 August 1999. It heard the views of as many
role-players as possible, ranging from the administration,
the councillors, organised labour and the business
community to members of civil society. The report of the ad
hoc committee reflects a conclusion drawn from these
submissions and views, and some of the more scientific data
that the committee studied.
However, before this report is presented to members, I
think it will be appropriate to describe the demographics
and other features of Tweeling. It is a town that had a
population of some 2 000 prior to the amalgamation of the
town with the nearby township of Mafahlaneng. It now has a
population of around 10 000. The town is a typical
agricultural town that survives on the commercial activity
generated by the surrounding farms. It is also suffering
from the strains of urbanisation, a process exacerbated by
the large-scale eviction of farm labourers.
23 August 1999 Page 22 of 73
Some of the more salient features of the submissions, as
submitted to the committee, are that the municipality was a
grade three town under the old dispensation and that the
1995 elections were contested for ten seats, of which the
ANC won six and the others were occupied by four
independents.
While theoretically the ANC holds the outright majority, it
has been unable to exercise this majority since 1997. This
is due to the fact that two councillors of the ANC were
removed by the party and this resulted in it losing an
outright majority. The majority of the ANC was restored
once these councillors were replaced. But with the advent
of the national election in June this year, the mayor was
redeployed to the provincial legislature, while another ANC
councillor is unable to attend to his duties as a
councillor. Both these councillors are ward candidates and
two by-elections need to be held to fill the vacant seats.
In effect, since 1997 the council has always been split
into two camps: The ANC contingent on the one hand, and the
anti-ANC faction on the other hand, each holding four
seats. Whenever there is a controversial decision to be
made, it ends in a deadlock, with the anti-ANC faction
walking out and the meeting unable to continue. The council
23 August 1999 Page 23 of 73
has been unable to meet since 1997 and is rendered
ineffective. The council is unable to submit a budget,
neither can it make important decisions regarding certain
key areas of delivery. This is already beginning to affect
the quality of service delivery. The administration, in the
meantime, requires the approval of certain of its
recommendations.
Incidentally, the administration is led by the chief
executive officer, Mr Mafokosi. He impressed the ad hoc
committee with his intelligence and dedication. His
appointment was also controversial. Judging from the
documentation made available to us, it appears that his
race is a source of discontent for the anti-ANC faction. I
must hasten to add that we interviewed members of staff of
all colours and hues and they appeared to support him. The
administration is nonracial in composition and appears to
be functioning very happily. The racial disharmony in the
council has not permeated into the administration.
Despite the handicap created by the circumstances I have
attempted to sketch here, the administration has managed to
keep the municipality afloat to the extent that it enjoys a
significant credit balance in its books. But it must be
added that with the uncertainty within the council, service
23 August 1999 Page 24 of 73
payments had dropped to a low of 18% before the Free State
Government appointed an administrator. The payment rate has
improved to some 70% since an administrator was installed.
The administration is functioning without a treasurer and a
few other key positions also need to be filled. The council
is unable to make appointments, and with the history of
racial tensions in the town, perhaps an independent
administrator could assist in the appointments.
The ad hoc committee was initially, and admittedly so,
reluctant to approve the intervention. But after its visit,
it is now convinced that while the finances may still be
sound in Tweeling, the possibility of deterioration is
very, very real, unless some intervention is made. The
nature of the intervention must be such that it creates
some form of political stability in the council. While I am
sure that everybody will agree with me that we as a House
cannot prescribe reconciliation, what we can do is
facilitate certain measures that would create a more stable
political institution. Thus the focus must be on restoring
the full contingent of councillors in the council.
Accordingly, the ad hoc committee recommends that an
intervention be approved, albeit in a limited form. The
23 August 1999 Page 25 of 73
committee further recommends that an intervention be
approved to enable the provincial government to achieve the
following objectives: firstly, to ensure that by-elections
are held to fill the remaining seats in the council;
secondly, to ensure that all vacant posts in the
administration are filled, if necessary, to enable the
municipality to perform its executive functions; and
thirdly, to ensure that the financial policies and
procedures for the use of assets and services of the
council are in place and adhered to.
These are the recommendations that the ad hoc committee
makes. It tables this report and desires that this House,
meaning the provinces, accept its recommendations. However,
before I do that, I would like to thank the members of the
ad hoc committee, who were, once again, taxed to the limit
regarding energy, time, money, emotions, etc. I must also
thank the MEC for providing the backup, and his
administration for facilitating a much easier visit for us.
With these words, I place the report before the House, and
I again reiterate that we would like to have it accepted.
[Applause.]
23 August 1999 Page 26 of 73
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Thank
you, hon member. For the information of members, the ad hoc
committee's full report has been tabled in the
Announcements, Tablings and Committee Reports dated 20
August 1999, on page 78. Members may have found copies of
this report on their desks.
Debate concluded.
Report adopted in accordance with section 65 of the
Constitution.
The Council adjourned at 14:35.
__________
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
THURSDAY, 5 AUGUST 1999
TABLINGS:
National Council of Provinces:
Papers:
1. The Chairperson:
23 August 1999 Page 27 of 73
Notice in terms of section 139(2)(b) of the Constitution of the Intervention, in terms of
section 139(1)(b), by the Provincial Executive of the Free State Provincial Government in
Tweeling Transitional Local Council.
WEDNESDAY, 11 AUGUST 1999
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
1. The Speaker and the Chairperson:
The following Bills have, since the beginning of August 1999, been
introduced in the National Assembly and referred to the Joint Tagging
Mechanism (JTM) for classification in terms of Joint Rule 160:
1. Financial Markets Control Amendment Bill [B 38 - 99] (National
Assembly - sec 75) - (Text of Bill and prior notice of its
introduction published in Government Gazette No 20336 of 30
July 1999. Introduced on 3 August 1999. To be referred to
portfolio committee dealing with Finance after constitution of
committee.)
2. Closed Pension Fund Amendment Bill [B 39 - 99] (National
Assembly - sec 75) - (Text of Bill and prior notice of its
introduction published in Government Gazette No 20364 of 6
August 1999. Introduced on 10 August 1999. To be referred to
23 August 1999 Page 28 of 73
portfolio committee dealing with Finance after constitution of
committee.)
3. Abolition of Certain Title Conditions Bill [B 40 - 99] (National
Assembly - sec 75) - (Explanatory summary of Bill and prior
notice of its introduction published in Government Gazette No
20216 of 25 June 1999. Introduced on 10 August 1999. To be
referred to portfolio committee dealing with Land Affairs after
constitution of committee.)
4. Prevention of Organised Crime Second Amendment Bill [B 41 -
99] (National Assembly - sec 75) - (Bill classified by member in
charge as an urgent matter in accordance with National
Assembly Rule 241(5). Introduced on 11 August 1999. To be
referred to Ad Hoc Joint Committee on the Prevention of
Organised Crime Second Amendment Bill after constitution of
committee.)
National Council of Provinces:
1. The Chairperson:
On 11 August 1999, notwithstanding Rule 244(3), I established an ad hoc Committee in
terms of Rule 160(1)(b) to consider the application for approval in accordance with
section 139(1)(b) of the Constitution of an intervention made by the province of the Free
State in the Tweeling Local Council, the Committee to submit its report by 23 August
1999. The following members have been appointed to serve on the ad hoc Committee:
23 August 1999 Page 29 of 73
Bhabha, M; Lucas, G A; Mahlangu, Q D; Majodina, P C P; Moatshe, P; Mokoena, M L;
Ntlabati, S N; Versveld, A M; Vilakazi, J N.
THURSDAY, 12 AUGUST 1999
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
1. The Minister of Foreign Affairs:
(1) Agreement between the Government of the Republic of South Africa and
Preparatory Commission for the Comprehensive Nuclear-Test Ban Treaty
Organisation on the conduct of activities relating to International
Monitoring Facilities and on Post Certification activities for International
Monitoring Facilities, tabled in terms of section 231(3) of the Constitution
of the Republic of South Africa, 1996.
(2) Explanatory Memorandum on the Agreement between the Government of
the Republic of South Africa and Preparatory Commission for the
Comprehensive Nuclear-Test Ban Treaty Organisation on the conduct of
activities relating to International Monitoring Facilities and on Post
Certification activities for International Monitoring Facilities.
2. The Minister of Finance:
23 August 1999 Page 30 of 73
(1) Seventh Interim Report of the Commission of Inquiry into certain Aspects
of the Tax Structure of South Africa.
(2) Eighth Interim Report of the Commission of Inquiry into certain Aspects
of the Tax Structure of South Africa.
(3) Ninth Interim Report of the Commission of Inquiry into certain Aspects of
the Tax Structure of South Africa.
(4) Year 2000 Preparations in the South African Banking and Financial
System.
(5) List of Shareholders of the South African Reserve Bank.
(6) Thirty-Fifth Report of the Registrar of Friendly Societies for 1997.
(7) Thirty-Ninth Report of the Registrar of Pension Funds for 1997.
(8) Report of the Financial Services Board for 1998.
(9) Report of the Bank Supervision Department, South African Reserve Bank
for 1998.
3. The Minister of Transport:
(1) International Convention on Standards of Training, Certification and
Watchkeeping for Fishing Personnel, 1995, tabled in terms of section
231(3) of the Constitution of the Republic of South Africa, 1996.
23 August 1999 Page 31 of 73
(2) Explanatory Memorandum on the International Convention on Standards
of Training, Certification and Watchkeeping for Fishing Personnel, 1995.
(3) Report of the Air Traffic and Navigation Services Company, Limited for
1998-99.
(4) Report of the Airports Company, Limited for 1998-99.
4. The Minister for Agriculture and Land Affairs:
Green Paper on Development and Planning [DPC 4-99].
5. The Minister of Minerals and Energy:
Revised Report of the National Electricity Regulator for 1997-98.
6. The Speaker and the Chairperson:
DECISION BY THE ACTING SPEAKER OF THE NATIONAL
ASSEMBLY AND THE CHAIRPERSON OF THE NATIONAL
COUNCIL OF PROVINCES TO ESTABLISH AN AD HOC JOINT
COMMITTEE ON THE PREVENTION OF ORGANISED CRIME
SECOND AMENDMENT BILL, 1999, IN TERMS OF JOINT RULE 138
1. The Acting Speaker of the National Assembly and the Chairperson of the National
Council of Provinces acting jointly, after consulting the Chief Whip of the Majority
Party in the National Assembly and the Chief Whip of the Council, have decided, in
terms of Joint Rule 138, to establish an Ad Hoc Joint Committee on the Prevention
23 August 1999 Page 32 of 73
of Organised Crime Second Amendment Bill, 1999, to consider the Prevention of
Organised Crime Second Amendment Bill and report to the National Assembly and
the National Council of Provinces.
2. The Committee is to be composed as follows;
National Assembly component:
40 members, as follows: 21 members of the Majority Party, 4 members of the Democratic
Party, 3 members of the Inkatha Freedom Party, two members of the New National Party,
two members of the United Democratic Movement, and one member from each of the
other parties represented in the National Assembly.
National Council of Provinces component:
17 members, as follows: 9 members of the Majority Party, 2 members of the Democratic
Party, 2 members of the New National Party, and one member from each of the other
parties represented in the National Council of Provinces.
3. The Committee is to submit a report on the Bill to both Houses of Parliament by 17
August 1999.
4. The Committee may exercise those powers in Joint Rule 32 that may assist them in
carrying out their task.
B MBETE G N M PANDOR
ACTING SPEAKER CHAIRPERSON OF THE NATIONAL
23 August 1999 Page 33 of 73
NATIONAL ASSEMBLY COUNCIL OF PROVINCES
Date: 12 August 1999 Date: 12 August 1999
FRIDAY, 13 AUGUST 1999
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
1. The Minister for Agriculture and Land Affairs:
(1) Statement, in terms of section 65(2) of the Land Bank Act, 1944, of the
Assets and Liabilities and the Profit and Loss Account of the Land and
Agricultural Bank of South Africa, as at 31 December 1998.
(2) Statement of the Assets and Liabilities and Profit and Loss Account of the
South African Mortgage Insurance Company Limited of which the Land
and Agricultural Bank of South Africa is the sole shareholder.
MONDAY, 16 AUGUST 1999
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
1. The Speaker and the Chairperson:
23 August 1999 Page 34 of 73
(1) On 13 August 1999 the Joint Tagging Mechanism (JTM) in terms of Joint
Rule 160(6), classified the following Bill as a section 75 Bill:
(i) Prevention of Organised Crime Second Amendment Bill [B 41 -
99] (National Assembly - sec 75) - (Ad hoc Joint Committee on the
Prevention of Crime Second Amendment Bill).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
1. The Speaker and the Chairperson:
Reports of the Auditor-General on the -
(1) Annual Financial Statements of Capital Radio Transkei (Pty) Ltd for 1996-97
[RP 224-98];
(2) Annual Financial Statements of the Reconstruction and Development
Programme Fund for 1996-97 [RP 34-99];
(3) Annual Financial Statements of Radio Thohoyandou for the period 1 April
1997 to November 1997 [RP 76-99];
(4) Annual Financial Statements of Acacia Park Board of Control for the year
ended 3 June 1996, 30 June 1997 and 30 June 1998 [RP 79-99];
23 August 1999 Page 35 of 73
(5) Annual Financial Statements of the Independent Broadcasting Authority for
1997-98 [RP 86-99];
(6) Annual Financial Statements of Refsa (Pty) Ltd, Enerkom (Pty) Ltd, Cotec
Patrade (Pty) Ltd and Cotec Development (Pty) Ltd for 1996-97 [RP 55-99];
(7) Annual Financial Statements of Syncat (Pty) Ltd for the year ended 31 August
1996, Syncate Properties (Pty) Ltd for the year ended 31 August 1996, and the
Group Annual Financial Statements of Syncat (Pty) Ltd for the year ended 31
March 1997 [RP 75-99].
2. The Minister of Transport:
(1) Protocols of 1998 to amend the International Convention for Safety of
Life at Sea, 1974 and the International Convention on Load-Lines, 1966,
tabled in terms of section 231(3) of the Constitution of the Republic of
South Africa, 1996.
(2) Explanatory Memorandum to the Protocols of 1998 to amend the
International Convention for Safety of Life at Sea, 1974 and the
International Convention on Load-Lines, 1966.
3. The Minister of Trade and Industry:
(1) Trade Agreement between the Government of the Republic of South
Africa and the Government of the Republic of Cuba, tabled in terms of
section 231(3) of the Constitution of the Republic of South Africa.
23 August 1999 Page 36 of 73
(2) Explanatory Memorandum to the Trade Agreement between the
Government of the Republic of South Africa and the Government of the
Republic of Cuba.
National Council of Provinces:
Papers:
1. The Chairperson:
(1) Notice in terms of section 139(2)(b) of the Constitution of the
Intervention, in terms of section 139(1)(b), by the Provincial Executive of
the North-West Provincial Government in Stilfontein Municipality.
(2) Notice in terms of section 139(2)(b) of the Constitution of the
Intervention, in terms of section 139(1)(b), by the Provincial Executive of
the North-West Provincial Government in Wedela Municipality.
TUESDAY, 17 AUGUST 1999
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
1. The Speaker and the Chairperson:
Reports of the Auditor-General on the -
23 August 1999 Page 37 of 73
(1) Financial Statements of the Urban Transport Fund for 1997-98 [RP 90-
99];
(2) Financial Statements of the Refugee Relief Fund for 1997-98 [RP 99-99];
(3) Financial Statements of the South African Library for the Blind for 1997-
98 [RP 100-99];
(4) Financial Statements of Guardians' Funds for 1997-98 [RP 101-99];
(5) Financial Statements of the Mines and Works Compensation Fund for
1997-98 [RP 92-99];
(6) Financial Statements of the Independent Development Trust (Main Fund)
for the year ended 30 June 1997 [RP 103-99];
(7) Group Annual Financial Statements of Soekor (Pty) Ltd for 1996-97 [RP
104-99];
(8) National Road Fund for 1996-97 [RP 53-99];
(9) Consolidated Financial Statements of the Transkeian Government Service
Pension Fund and the Government Employees Pension Fund of the
Transkei for 1995-96 [RP 91-99];
(10) Secret Services Account, the Related Departmental Accounts and the
Security Services Special Account for 1997-98 [RP 173-98];
23 August 1999 Page 38 of 73
(11) Special Report of the Auditor-General on the Audit to Verify the Value of
Savings/Recoveries by the Heath Special Investigating Unit [RP 114-99].
2. The Minister of Finance:
Resolutions of the Standing Committee on Public Accounts for 1998 and 1999
and replies thereto obtained by the Department of State Expenditure - Thirty-
Second Report, 1998; First, Fourth, Fifth, Sixth, Seventh and Ninth Reports,
1999.
3. The Minister for Justice and Constitutional Development:
List relating to Proclamations and Government Notices - 26 February to 30
April 1999.
4. The Minister of Health:
List relating to Government Notices - 1 July to 31 July 1999.
WEDNESDAY, 18 AUGUST 1999
ANNOUNCEMENTS:
National Council of Provinces:
1. The Chairperson:
23 August 1999 Page 39 of 73
(1) Mr G R Krumbock made and subscribed the oath before the Judge
President of the Cape of Good Hope Provincial Division of the High
Court, Justice E L King, on 3 August 1999.
(2) Mr K D S Durr made and subscribed the oath before the Judge President
of the Cape of Good Hope Provincial Division of the High Court, Justice
E L King, on 12 August 1999.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
1. The Speaker and the Chairperson:
Copy of Proclamation R.77, 99 of 30 June 1999 (GG No 20236) submitted by
the Minister for Welfare and Population Development, in terms of section
14(3)(a) of Schedule 6 to the Constitution of the Republic of South Africa,
1996, on the assignment of the Social Pensions Act, 1976, and National
Welfare Act, 1987, of the former republic of Ciskei and Social Pensions Act,
1978, of the former Republic of Transkei to the Eastern Cape Province.
2. The Minister of Safety and Security:
Agreement between the Government of the Republic of South Africa and the
Government of the Republic of Hungary in respect of Co-operation in the
23 August 1999 Page 40 of 73
Combating of Organised Crime, Illicit Drug Trafficking and other Serious
Crimes, tabled in terms of section 231(3) of the Constitution of the Republic
of South Africa, 1996.
THURSDAY, 19 AUGUST 1999
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
1. The Minister of Trade and Industry:
Reports of the Business Practices Commitee, in terms of section 10(3) of the
Harmful Business Practices Act, 1988, on the -
(1) Rainbow Business Club and Others, Report 55;
(2) Rickmick Music Recording and Production Company, Report 57;
(3) Investigation in terms of section (8)(1)(b) of the Harmful Business
Practices Act, 1988, into business practices concerning the receipt of
consideration in respect of interest recalculators, Report 58;
(4) XB National Care Society (Pty) Ltd, Report 59;
(5) Dunamus Marketing CC and Others, Report 60;
23 August 1999 Page 41 of 73
(6) Golde CC and Jess Cawood and Others, Report 61;
(7) AJ van Rensburg and Associates CC, also known as JVR and Associates,
Report 62;
(8) Investigation in terms of section 8(1)(6) of the Harmful Business Practices
Act, 1988, into money revolving or pyramid schemes, Report 63;
(9) Club 78 Trust, Tradefirst (Pty) Ltd, Brothers-in-Arms Development Trust,
Charles Frederick Venter, Josiena Marieta Engelbrecht, Belina Swartz and
Others, Report 64;
(10) The Serengeti Group of Companies involving Kenneth Herbet Roberts,
Report 65;
(11) Omega Trust, Omega Power Marketing, Gerhardus Francois Janse van
Rensburg and Jan Frederick Olivier van Zyl, Report 66;
(12) Zen-Corp International and Ulov Sabor, Report 67;
(13) Gauteng Corporate Investment, Limited, Report 68;
(14) The Inner Circle Organization, Inner Circle SA and Charles Frederick
Venter, Report 69;
(15) JCS Development Trading as Leisure Club, B Maharaj and Others, Report
71;
23 August 1999 Page 42 of 73
(16) Realiteitsrisiko Bestuurdiens (Edms) Bpk, Realiteitsnet, Realiteitsrisiko
Bestuurders and Nicolaas Hermanus van der Dussen, Report 73;
(17) Simply Bellissimo CC, John Kenneth Kilian and Janet Alison Kilian,
Report 74;
(18) Marketing for Success (Pty) Ltd, trading Alpha Club, Report 75;
(19) Investigation in terms of section (8)(1)(b) of the Harmful Business
Practices Act, 1988, into money revolving or pyramid schemes, Report 76.
A. . The Minister of Arts, Culture, Science and Technology:
B. List of Government Notices - 7 May 1999 to 23 July 1999.
FRIDAY, 20 AUGUST 1999
ANNOUNCEMENTS:
National Council of Provinces:
1. The Chairperson:
A. The following members have been appointed to serve on the Select
Committees mentioned, viz:
B. Economic Affairs:
C. (Trade and Industry, Foreign Affairs, Minerals and Energy)
ProvinceMemberParty
23 August 1999 Page 43 of 73
Eastern CapeDlulane, Ms B NANC
Free StateSetona, Mr T SANC
GautengConroy, Dr E ANew NP
Moosa, Mr M WANC
Mahlangu, Ms Q D (Alt)ANC
Theron, Mr J LDP
KwaZulu-NatalBhengu, Mr M JIFP
Raju, Mr N M (Alt)DP
MpumalangaThemba, Ms M PANC
Northern CapeLucas, Mr G AANC
Van Niekerk, Mr A ENew NP
Northern ProvinceFenyane, Mr S L EANC
North WestKolweni, Mr Z SANC
Western CapeDurr, Mr K D SACDP
Education and Recreation:
(Education, Arts, Culture, Science and Technology, Sport and Recreation)
23 August 1999 Page 44 of 73
ProvinceMemberParty
Eastern CapeGouws, Mrs E CDP
Qokweni, Mr P GUDM
Suka, Mr LANC
Free StateNtlabati, Ms S NANC
GautengJacobus, Ms LANC
Theron, Mr J LDP
KwaZulu-NatalRaju, Mr N MDP
Zulu, Prince B ZANC
MpumalangaBhabha, Mr MANC
Northern CapeKgware, Mr D MANC
Northern ProvinceNkuna, Ms CANC
North WestTlhagale, Mr J OUCDP
Western CapeWitbooi, Mrs JNew NP
Finance:
ProvinceMemberParty
23 August 1999 Page 45 of 73
Eastern CapeMajodina, Ms P C P (Alt)ANC
Willem, Mr BANC
Free StateNhlabathi, Ms S NANC
GautengConroy, Dr E ANew NP
Mahlangu, Ms Q DANC
Theron, Mr J LDP
KwaZulu-NatalRaju, Mr N MDP
MpumalangaKrumbock, Mr G RDP
Mahlangu, Mr J LANC
Taabe, Mr T BANC
Northern CapeLucas, Mr G AANC
Northern ProvinceFenyane, Mr S L EANC
North WestKolweni, Mr Z S (Alt)ANC
Lever, Mr L G (Alt)DP
Western CapeDurr, Mr K D SACDP
Labour and Public Enterprises:
23 August 1999 Page 46 of 73
(Labour, Youth, Women and Persons with Disability, Public Enterprises, Posts,
Telecommunications and Broadcasting)
ProvinceMemberParty
Eastern CapeDlulane, Ms B NANC
Willem, Mr BANC
Free StateBotha, Ms CDP
Motshabi, Mr C HANC
Nel, Dr P J CNew NP
GautengMahlangu, Ms Q DANC
Moosa, Mr M W (Alt)ANC
KwaZulu-NatalBhengu, Mr M JIFP
Raju, Mr N MDP
MpumalangaThemba, Ms M PANC
Northern CapeLubidla, Mrs E NANC
Northern ProvinceFenyane, Mr S L EANC
North WestKolweni, Mr Z SANC
23 August 1999 Page 47 of 73
Lever, Mr L GDP
Western CapeWitbooi, Mr BNew NP
Land and Environmental Affairs:
(Agriculture and Land Affairs, Water Affairs and Forestry, Environmental Affairs
and Tourism)
ProvinceMemberParty
Eastern CapeGouws, Mrs E CDP
Free StateMotshabi, Mr C HANC
GautengConroy, Dr E ANew NP
Ndzanga, Ms R AANC
KwaZulu-NatalThompson, Ms BANC
Vilakazi, Mrs J NIFP
MpumalangaTaabe, Mr T BANC
Northern CapeKgware, Mr D MANC
Van Niekerk, Mr A ENew NP
Northern ProvinceMokoena, Kgoshi M LANC
23 August 1999 Page 48 of 73
Nyakane, Mr R MUDM
North WestMoatshe, Rev PANC
Western CapeVersfeld, Ms A MDP
Local Government and Administration:
(Provincial and Local Government, Public Service and Administration)
ProvinceMemberParty
Eastern CapeMajodina, Ms P C PANC
Free StateBotha, Ms CDP
Marais, Mr AANC
GautengNdzanga, Ms R AANC
KwaZulu-NatalMatthee, Mr P ANew NP
Zulu, Prince B ZANC
MpumalangaBhabha, Mr MANC
Northern CapeHorne, Mr JNew NP
Sulliman, Mr M AANC
Northern ProvinceMakoela, Mr M IANC
23 August 1999 Page 49 of 73
Nyakane, Mr R MUDM
North WestLever, Mr L GDP
Maloyi, Mr P D NANC
Western CapeAckermann, Mr CNew NP
Durr, Mr K D S (Alt)ACDP
Ntwanambi, Ms N DANC
Public Services:
(Housing, Public Works and Transport)
ProvinceMemberParty
Eastern CapeMajodina, Ms P C PANC
Suka, Mr LANC
Free StateMarais, Mr AANC
Nel, Dr P J CNew NP
GautengNdzanga, Ms R AANC
KwaZulu-NatalRaju, Mr N MDP
Thompson, Ms BANC
23 August 1999 Page 50 of 73
MpumalangaMahlangu, Mr J LANC
Mkhaliphi, Mr B JANC
Themba, Ms M PANC
Northern CapeSulliman, Mr M AANC
Northern ProvinceMokoena, Kgoshi M LANC
North WestMaloyi, Mr P D NANC
Western CapeNtwanambi, Ms N DANC
Versfeld, Ms A MDP
Security and Constitutional Affairs:
(Justice and Constitutional Development, Safety and Security, Defence and
Correctional Services)
ProvinceMemberParty
Eastern CapeMajodina, Ms P C PANC
Free StateSetona, Mr T SANC
GautengMoosa, Mr M WANC
Theron, Mr J LDP
23 August 1999 Page 51 of 73
KwaZulu-NatalMatthee, Mr P ANew NP
Zulu, Prince B ZANC
MpumalangaMahlangu, Mr J LANC
Taabe, Mr T BANC
Northern CapeLubidla, Mrs E NANC
Northern ProvinceNkuna, Mrs CANC
North WestLever, Mr L GDP
Surty, Mr M EANC
Western CapeAckermann, Mr CNew NP
Durr, Mr K D S (Alt)ACDP
Social Services:
(Health, Welfare and Population Development and Home Affairs)
ProvinceMemberParty
Eastern CapeGouws, Mrs E CDP
Qokweni, Mr P GUDM
Free StateNel, Dr P J CNew NP
23 August 1999 Page 52 of 73
Ntlabati, Ms S NANC
GautengJacobus, Ms LANC
KwaZulu-NatalVilakazi, Mrs J NIFP
MpumalangaMkhaliphi, Mr B JANC
Northern CapeHorne, Mr JNew NP
Lubidla, Mrs E NANC
Northern ProvinceMakoela, Mr M IANC
North WestMoatshe, Rev PANC
Tlhagale, Mr J OUCDP
Western CapeWitbooi, Mrs JNew NP
Members' and Provincial Legislative Proposals:
ProvinceMemberParty
Eastern CapeSuka, Mr LANC
Free StateBotha, Ms CDP
GautengNdzanga, Mrs R AANC
KwaZulu-NatalBhengu, Mr M JIFP
23 August 1999 Page 53 of 73
Matthee, Mr P ANew NP
Thompson, Ms BANC
Northern CapeKgware, Mr D MANC
Northern ProvinceNyakane, Mr R MUDM
North WestMaloyi, Mr P D NANC
Lever, Mr L GDP
Western CapeDurr, Mr K D SACDP
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
1. The Minister of Trade and Industry:
Reports of the Board of Tariffs and Trade on the -
(1) Reduction in the rate of duty on formic acid, Report 3506;
(2) Reduction in the rate of duty on laboratory ware of plastic, Report 3509;
(3) Application for the reduction in the rate of duty on cut printing and writing
paper, Report 3566;
23 August 1999 Page 54 of 73
(4) Revision of the rate of duty on certain products classifiable under Chapters
32 to 38, Report 3575;
(5) Revision of the rates of duty on certain products classifiable under:
Chapter 41: Raw Hides and Skins (excluding fur skins), Chapter 42:
Leather and Composite Leather, Chapter 44: Wood and Articles of Wood,
and Chapter 45: Cork and Articles of Cork, Report 3576;
(6) Revision of the rates of duty on certain products classifiable under Chapter
72: Iron and Steel, Report 3578;
(7) Revision of the rates of duty on certain products classifiable under Chapter
73: Articles of Iron and Steel, Report 3579;
(8) Revision of the rates of duty on certain products classifiable under Chapter
74: Copper and Articles thereof and Chapter 75: Nickel and Articles
thereof, Report 3580;
(9) Revision of the rates of duty on certain products classifiable under Chapter
78: Lead and Articles thereof, Chapter 79: Zinc and Articles thereof,
Chapter 80: Tin and Articles thereof and Chapter 81: Other Base Metals,
Cermets and Articles thereof, Report 3581;
(10) Revision of the rates of duty on certain products classifiable under Chapter
82: Tools, Implements, Cutlery, Spoons and Forks of Base Metal and parts
thereof of Base Metal, Report 3583;
23 August 1999 Page 55 of 73
(11) Revision of the rates of duty on certain nuclear reactors, boilers,
machinery and mechanical appliances and parts thereof, and electrical
mechinery and equipment and parts thereof, sound recorders and
reproducers, televisions image and sound recorders and reproducers and
parts and accessories of such articles classifiable under Chapters 84 and
85, Report 3585;
(12) Revision of the rates of duty on certain vehicles, aircrafts, vessels and
associated transport equipment classifiable under Chapters 86, 87 and 89,
Report 3586;
(13) Revision of the rates of duty on optical, Photographic, cinematographic,
measuring, checking, precision, medical or surgical instruments and
apparatus, clocks, watches, musical instruments and parts and accessories
thereof classifiable under Chapters 90, 91 nad 92, Report 3587;
(14) Revision of the rates of duty on products of plastics in primary semi-
finished and finished form classifiable under Chapter 39, Report 3603;
(15) Revision of the rates of duty on certain rubber and articles thereof
classifiable under Chapter 40, Report 3604;
(16) Revision in the rate of customs duty on grape juice (including Grape
Must), Report 3610;
(17) Revision of the rates of duty on litchi and granadilla pulp, Report 3622;
23 August 1999 Page 56 of 73
(18) Application for increase in the rates of duty on barley, malt an oats, Report
3623;
(19) Increase in the rates of duty on non-coniferous timber classified under
tariff subheading 4409.20.90, Report 3634;
(20) Revision of the tariff dispensation regarding beverages, spirits and
vinegar, with recommendation, Report 3639;
(21) Rebate of the duty on certain flat-rolled products of iron or steel for the
manufacture of handsaws and bowsaw blades, Report 3644;
(22) Revision in the rates of customs duty on beer, Report 3649;
(23) Revision in the rate of duty on dried fruit, Report 3650;
(24) Rebate of the duty on P-Amino-Diphenylamine and Diiphenykamine for
the manufacture of antioxidants and accelerators, Report 3654;
(25) Application for increase in the rates of duty on preparations of vegetables,
fruits, nuts or other parts of plants, tomato ketchup and other tomato sauce
as well as soups and broths and preparations thereof, Report 2657;
(26) Amendment of the description of the rebate provision in respect of
provisionally preserved cherries, Report 3666;
(27) Application for anti-dumping measures against polytetrafluoroethylene
tape imported from or originating in the Republic of China, Report 3671;
23 August 1999 Page 57 of 73
(28) Revision of the rate of duty on glass frit, Report 3677;
(29) Revision of the rates of customs duty on woven fabrics of vegetable fibres,
excluding cotton, Report 3678;
(30) Reduction in the duty on Thermocopy Paper, Report 3680;
(31) Increase in the duty on steps and ladders on aluminium, Report 3681;
(32) Revision of the tariff dispensation for washing machines, Report 3683;
(33) Revision of the rates of duty on various rubber chemicals, Report 3684;
(34) Petition for anti-dumping action against the importation of PVC Pilches
exported from and originating in the People's Republic of China and Hong
Kong, Report 3686;
(35) Rebate of the duty on anionic and non-anionic organic surface-active
agents and isopropyle alcohol for the manufacture of acrylic or modacrylic
filament tow, staple fibres and tops, Report 3687;
(36) Reduction in the rate of duty on radio-broadcast receivers, Report 3690;
(37) Revision of the rates of duty on certain dairy products, Report 3691;
(38) Rebate of the duty on woven fabrics of cotton and of synthetic filament
yarn for the manufacture of impregnated coated, covered or laminated
textiles, Report 3692;
23 August 1999 Page 58 of 73
(39) Withdrawal of the provision for rebate of duty in respect of glass frit,
Report 3693;
(40) Alleged dumping of circuit breakers imported from or originating in
France, Report 3695;
(41) Increase in the rate of duty on sutures and rebate of the duty on
polyglycolic acid catgut for the manufacture of sutures, Report 3696;
(42) Rebate of the duty on imitation jewellery of base metal used in the
manufacture on footwear, Report 3697;
(43) Revision of the tariff structure pertaining to dumpers, Report 3701;
(44) Application for an increase in the rate of duty on pvc capsules, Report
3702;
(45) Reduction in the rate of customs duty on garlic, Report 3703;
(46) Reduction in the rate of customs duty on natural honey, Report 3704;
(47) Amendment of the provision under rebate item 320.11/76.06/01.04,
Report 3705;
(48) Amendment of the provision under rebate item 316.03/7606.12/02.06,
Report 3706;
23 August 1999 Page 59 of 73
(49) Rebate of duty on bovine, leather, vegetable pre-tanned, for the
manufacture of inner and outer soles, Report 3707;
(50) Reduction in the rate of duty on plates, sheets, strip and profiles shapes of
vulcanised rubber, containing not less than 90 per cent natural rubber by
mass, Report 3709;
(51) Petition on anti-dumping measures in respect of porcelain line post, long
rod and railway insulators imported from or originating in India, Report
3711;
(52) Review of the customs duty and rebate facility applicable to woven fabrics
of synthetic filament yarn containing 85 per cent or more of non-textured
polyester filament, Report 3713
(53) Rebate of the duty on steel rod for the manufacture of copper-plated steel
tyre cord, Report 3714
(54) Rebate of the duty on felt paper and paperboard for the manufacture of
waterproof membranes, Report 3715;
(55) Amendment of schedule 1 to the Customs and Excise Act to make
separate provision for printed crepe and seersucker fabrics, Report 3716;
(56) Rebate of the duty on parts and materials for the manufacture of aircraft
interior units, Report 3717;
23 August 1999 Page 60 of 73
(57) Revision of the duty structure for electric motors, Report 3718;
(58) Rebate of the duty on plastic jackets for the manufacture of photograph
albums, Report 3720;
(59) Investigation into the alleged dumping of aluminium hollowware,
originating in Zimbabwe and the People's Republic of China and imported
from Zimbabwe, The People's Republic of China or Hong Kong: Final
Determination, Report 3722;
(60) Reduction of the duty on chain-driven six or eight wheeled vehicles with
skid steering systems operated through an integral gearbox and differential
unit and with engines of a cylinder capacity not exceeding 1000 CC,
Report 3723;
(61) Reduction of vehicles with motorcycle-type steering mechanisms and
engines of a cylinder capacity not exceeding 1000 CC, Report 3724;
(62) Withdrawal of the rebate provision in respect of phthalic anhydride,
Report 3725;
(63) Increase in the duty on carbon black, Report 3726;
(64) Investigation into the alleged dumping of Aluminium Hollowware
originating in and imported from Egypt: Final Determination, Report
3727;
23 August 1999 Page 61 of 73
(65) Reduction in the rate of duty on garment patterns, Report 3728;
(66) Rebate of the duty on self-adhesive paper on paperboard, for the
manufacture of photo albums, Report 3729;
(67) Rebate of the duty on cellular vinyl chloride polymer in plates, sheets or
strips, of a thickness exceeding 3 mm, for the manufacture of swimwear,
Report 3730;
(68) Investigation into the alleged dumping of polytetrafluoroethylene tape
originating in or imported from the Republic of China: Final
Determination, Report 3732;
(69) Rebate of the duty on textile fabrics otherwise impregnated, coated or
covered, for the manufacture of headgear, Report 3734;
(70) Application for an increase in the rate of duty on epoxidised soya bean oil,
Report 3735;
(71) Investigation into the alleged dumping of suspension PVC (SPVC)
originating in and imported from the United States of America, Germany,
Belgium, the Netherlands, France, Spain, the United Kingdom, Canada,
Japan, the Korean Democratic Republic and the Republic of China
(Taiwan): Final Determination, Report 3736;
(72) Investigation into the alleged dumping of Indigo Blue discharge prints
originating in the People's Republic of China and imported from the
23 August 1999 Page 62 of 73
People's Republic of China or Hong Kong: Final Determination, Report
3738;
(73) Increase in the rate of duty on Virgin Olive Oil, Report 3739;
(74) Rebate of the duty on "Long-pile" fabrics for the manufacture of toys,
Report 3742,
(75) Amendment of tariff heading 9032.10, Report 3744;
(76) Increase of the duty on air-conditioning machines of a kind used in motor
vehicles, Report 3746;
(77) Applications for the delegation of the provision for glazed fabrics
commonly used as window blind material, Report 3747;
(78) Amendment of the duties on, Report 3748;
(i) Mixtures used in the food or drink industries, and
(ii) Perfumes and toilet water
(79) Rebate of the duty on sewing thread for the manufacture of passports,
Report 3749;
(80) Investigation into the alleged dumping of suspension PVC (SPVC)
originating in and imported from Brazil: Final Determination, Report
3751;
23 August 1999 Page 63 of 73
(81) Investigation into the alleged dumping of porcelain line post, long rod and
railway insulators originating in or imported from India: Final
Determination, Report 3752;
(82) Reduction in the duty on frozen vegetable, Report 3753;
(83) Application for a reduction in the rate of duty on oriented strand board,
Report 3754;
(84) Investigation into additional tariff protection for the industry
manufacturing crockery of porcelain or ceramics, Report 3756;
(85) Reduction in the rate of duty on parts of aircraft seats, Report 3757;
(86) Reduction in the rate of duty on shotgun cartridges, Report 3759;
(87) Reduction in the duty on certain drill bits, Report 3760;
(88) Reduction in the rate of duty on industrial safety cartridges, Report 3762;
(89) Reduction in the rate of duty on thin sheets (voiles) of glass fibre, Report
3763;
(90) Rebate of the duty on random velour needle punch carpeting used for the
manufacture of moulded carpets for motor vehicles, Report 3764;
(91) Re-instatement of rebate of the duty on inorganic and organic chemicals
for the industry manufacturing pharmaceutical products, Report 3766;
23 August 1999 Page 64 of 73
(92) Increase in the rate of customs duty on frozen chicken cuts, Report 3768;
(93) Amendment to rebate provision 317.08, Report 3769;
(94) Increase in the rate of duty on calcium carbide, Report 3771;
(95) Rebate of the full duty on uniaxially orientated heat shrinkable polyvinyl
chloride sheeting, of a thickness not exceeding 75 microns, unprinted for
the manufacture of printed film for the wrapping of articles in the
conveyance or parking of goods, Report 3772;
(96) Increase in the rate or duty on prigments and preparations based on
titanium dioxide, Report 3773;
(97) Application for rebate of the duty on bulk vitamin and mineral
granulations, Report 3775;
(98) Review of an inti-dumping duty on calcium acetate originating in or
imported from the Netherlands: Final Determination, Report 3776;
(99) Creation of additional tariff subheading under tariff heading 70.05 - float
glass and surface ground or polished glass, in sheets, whether or not
having an absorbent or reflecting layer, but not otherwise worked, Report
3778;
(100) Reduction in the rate of duty on parts of aerosol valves, Report 3779;
23 August 1999 Page 65 of 73
(101) Withdrawal of certain rebate items for the manufacture of plastic goods,
Report 3783.
COMMITTEE REPORTS:
National Council of Provinces:
1. Report of the Ad hoc Committee on Intervention in Tweeling Local Council,
dated 19 August 1999, as follows:
The Ad hoc Committee on Intervention in Tweeling Local Council, having
considered the application for approval of an intervention, made in accordance
with section 139(1)(b) of the Constitution, by the province of the Free State in
the Tweeling Local Council, referred to it, reports as follows:
A. Background to intervention
Councillors of the Tweeling Local Council failed to hold monthly meetings for several
months and also failed to meet as requested by the MEC for Local Government and
Housing. Consequently, the council could not make decisions relating to its executive
obligations. There are at present two vacant seats in the council.
As a result of the failure to hold council meetings, no decision could be taken to fill
vacant posts in the council's fixed establishment, which were crucial for carrying out the
financial obligations of the council, for example water and electricity account statements
could not be issued timeously. The resulting inadequate staff complement in the Treasury
23 August 1999 Page 66 of 73
Section of the council gave rise to a significantly reduced level of income. The average
monthly income of the council was reduced from about 60% to 18%.
A further problem was that, since councillors did not report back to their constituencies,
the community embarked on a boycott of payment for services. The reduced income
prevented the council from carrying out many of its functions, for example collection of
refuse and removal of solid waste. Council vehicles also fell into a state of disrepair. At
one stage, there was no money to purchase diesel for council vehicles to collect refuse.
After the appointment of an independent financial consultant, on a part-time basis, to
assist in carrying out the financial obligations of the council, the average income
increased to 70%. The council currently has a credit bank balance of R100 059, and
services are being rendered at an acceptable level.
On 19 July 1999, the MEC for Local Government and Housing appointed an
administrator and two assistants to ensure that the executive obligations of the council
were carried out.
B. Terms of Intervention
The Executive of the Free State Provincial Government is seeking approval in terms of
section 139(2)(c) of the Constitution with regard to their intervention in the Tweeling
Local Council, on the following terms:
1. Filling of vacant seats in council
23 August 1999 Page 67 of 73
The administrator must ensure that all vacant seats in the council are filled in terms of the
Local Government Transition Act, 1993 (Act No. 209 of 1993).
2. Filling of vacant posts in fixed establishment
The administrator must ensure that all vacant posts in the fixed establishment that are
necessary to enable the council to carry out its executive obligations, are filled.
3. Financial management
The administrator must ensure that -
(1) rates, fees, levies and other outstanding monies due to the council are
collected;
(2) the financial obligations of the council are met;
(3) the council is placed in a position to comply with the provisions relating to
financial management, as outlined in section 10(G) of the Local
Government Transition Act, 1993; and
(4) policies and procedures for the use of assets and services of the council are
adhered to.
4. Co-operation of town clerk
The town clerk must co-operate fully with the administrator. In the event of a dispute
between the town clerk and the administrator relating to the affairs of the council, the
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dispute must be referred for mediation by the local representative(s) of Salga. Should the
mediation not be successful in resolving the dispute, the MEC for Local Government and
Housing's decision on the matter is final.
5. Report-back to council and MEC
The administrator must submit a full written report on his activities to the council and the
MEC for Local Government and Housing on a monthly basis.
6. Report-back to constituents
Councillors must report back to their constituents on a regular basis.
7. Ending of intervention
The intervention must end when -
(1) all vacant seats in the council are filled;
(2) all vacant posts in the fixed establishment that are necessary to carry out
the council's executive obligations are filled; and
(3) financial policies and procedures for the use of assets and services of the
council are in place and adhered to.
C. Recommendation
The Committee recommends that the intervention by the Executive of the Free State
Provincial Government in the Tweeling Local Council be approved.
23 August 1999 Page 69 of 73
Report to be considered.
MONDAY, 23 AUGUST 1999
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
1. The Speaker and the Chairperson:
(1) The following members have been appointed to serve on the Ad hoc Joint
Committee mentioned, viz:
Prevention of Organised Crime Second Amendment Bill:
National Council of Provinces:
ANC
Lubidla, E N; Makoela, M I; Marais, A; Moosa, M W; Ntwanambi, N D; Surty, M E;
Themba, M P; Willem, B; Zulu, B Z.
DP
Lever, L G; Versveld, A M.
New NP
Matthee, P A; Witbooi, J.
23 August 1999 Page 70 of 73
IFP
Vilakazi, J N.
ACDP
Durr, K D S.
UCDP
Tlhagale, J O.
UDM
Qokweni, P G.
(2) Adv J H de Lange (National Assembly) and Mr M E Surty (National Council of
Provinces) have been elected co-chairpersons of the Ad hoc Joint Committee on
Prevention of Organised Crime Second Amendment Bill with effect from 16 August
1999.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
1. The Minister of Finance:
23 August 1999 Page 71 of 73
Resolutions of the Standing Committee on Public Accounts for 1999 and
replies thereto obtained by the Department of State Expenditure - Second,
Third, Twelfth, Thirteenth, Fourteenth, Fifteenth and Seventeenth Report,
1999.
2. The Minister of Trade and Industry:
Reports of the Competition Board on the -
(1) Investigation to determine whether the restraint of trade clause in the deed
of sale entered into between Clover SA Ltd, ICS Group Ltd and Dairy-
Belle (Pty) Ltd constitutes a restrictive practice as defined in section 1 of
the Maintenance and Promotion of Competition Act, 1979, Report 51;
(2) Investigation to determine whether any restrictive practices as defined in
section 1 of the Maintenance and Promotion of Competition Act, 1979,
exist or may come into existence in the supply and distribution of
medicine in the Republic of South Africa, Report 52;
(3) Investigation to determine whether the proposed transaction involving
Conshu Holdings Limited and Bolton Footwear Limited constitutes an
acquisition, Report 55;
(4) Investigation into alleged restrictive practices by Klein Karoo Co-
operative Limited, Report 57;
23 August 1999 Page 72 of 73
(5) Investigation into the takeover of Silveroak (Proprietary) Limited by
Kolosus Holding Limited, Report 60;
(6) Investigation into the South African Forestry Company Limited, Report
61;
(7) Investigation in terms of section 10(1)(a) of the Maintenance and
Promotion of Competition Act, 1979 to determine whether the restriction
of share holding of Anesticum Ltd, to specialist anaesthesiologists,
together with the share holding this company has in Pulseline (Pty) Ltd, a
medical device and medical supplies supplier, constitutes or could give
rise to, a restrictive practice as defined in section 1 of the Maintenance and
Promotion of Competition Act, 1979, Report 62;
(8) Investigation into the transaction between Suncrush Limited and
Amalgamated Beverage Industries Limited, Report 65;
(9) Investigations into restrictive practices in the distribution of prerecorded
video tapes to video-hire stores, Report 67.
COMMITTEE REPORTS:
National Assembly and National Council of Provinces:
Report of the Ad hoc Joint Committee on Prevention of Organised Crime Second
Amendment Bill on the Prevention of Organised Crime Second Amendment Bill [B 41 -
99] (National Assembly - sec 75), dated 23 August 1999, as follows:
23 August 1999 Page 73 of 73
The Ad hoc Joint Committee on Prevention of Organised Crime Second Amendment
Bill, having considered the subject of the Prevention of Organised Crime Second
Amendment Bill [B 41 - 99] (National Assembly - sec 75), referred to it, reports that it
has not been able to complete its deliberations and report timeously, in accordance with
the time-frame contained in the decision by the Acting Speaker of the National Assembly
and the Chairperson of the National Council of Provinces, dated 12 August 1999 (see
Announcements, Tablings and Committee Reports, p 55).
The Committee therefore requires an extension of the deadline specified in the decision
(ratified by the National Assembly and the National Council of Provinces on 18 August
and 23 August 1999, respectively) to enable it to conclude its deliberations on the Bill.
Report to be considered.