Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698927829237.pdf (South Africa)
Tuesday, 14 March 2023] 31 No 9 – 2023] FIFTH SESSION, SIXTH PARLIAMENT REPUBLIC OF SOUTH AFRICA ____________ MINUTES OF PROCEEDINGS OF NATIONAL ASSEMBLY ____________ TUESDAY, 14 MARCH 2023 1.

The House met at 14:00.

2.

House Chairperson Mr M L D Ntombela took the Chair and requested members to observe a moment of silence for prayer or meditation.

3.

4.

[14:01] Members' statements.


FIRST ORDER [14:49] Consideration of Report of Portfolio Committee on Human Settlements on Housing Consumer Protection Bill [B 10 – 2021] (Announcements, Tablings and Committee Reports, 1 December 2022, p 49).

There was no debate.

The Chief Whip of the Majority Party moved: That the Report be adopted.

Motion agreed to.

Report accordingly adopted.

5.


SECOND ORDER [14:50] Second Reading debate – Housing Consumer Protection Bill [B 10B – 2021] (National Assembly – sec 76).

Debate concluded.

Bill read a second time.

MINUTES: NATIONAL ASSEMBLY NO 9 – 2023 32 Tuesday, 14 March 2023] 6.
THIRD ORDER [15:49] Consideration of Report of Portfolio Committee on Justice and Correctional Services on Prevention and Combating of Hate Crimes and Hate Speech Bill [B 9 – 2018] (Announcements, Tablings and Committee Reports, 2 March 2023, p 38).

There was no debate.

The Chief Whip of the Majority Party moved: That the Report be adopted.

Motion agreed to (Democratic Alliance, Freedom Front Plus and African Christian Democratic Party dissenting).

Report accordingly adopted.

7.


FOURTH ORDER [15:51] Second Reading debate – Prevention and Combating of Hate Crimes and Hate Speech Bill [B 9B – 2018] (National Assembly – sec 75).

Debate concluded.

Question put: That the Bill be read a second time.

Division demanded.

The House divided.


House Chairperson Mr M L D Ntombela announced that, the Speaker had determined that, in accordance with the Rules, a manual voting procedure would be used and that the whips would conduct a headcount of members in the chamber and on the virtual platform for the purpose of ascertaining quorum and voting.

A quorum being present in terms of Rule 98(1), voting commenced.

AYES – 237: (ANC – 190; EFF – 35; IFP – 9; Good – 1; NFP - 1; PAC - 1).
NOES – 79: (DA – 67; FF Plus – 8; ACDP – 3; Al Jama-ah – 1).

Question agreed to.

Bill accordingly read a second time.

8.

FIFTH ORDER [17:11] Consideration of Report of Portfolio Committee on Communications and Digital Technologies on Independent Communications Authority of South Africa Performance Management System pursuant to S6A of ICASA Amendment Act (Act No 13 of 2000) (Announcements, Tablings and Committee Reports, 11 November 2022, p 5).
MINUTES: NATIONAL ASSEMBLY NO 9 – 2023 Tuesday, 14 March 2023] 33 Mr B M Maneli as Chairperson of the Committee, introduced the Report.

There was no debate.

Ms R M M Lesoma moved: That the Report be adopted.

Declarations of vote made on behalf of the Democratic Alliance, Economic Freedom Fighters, Inkatha Freedom Party, African Christian Democratic Party, National Freedom Party, Al Jama-ah and African National Congress.

Motion agreed to.

Report accordingly adopted.

9.


SIXTH ORDER [17:38] Consideration of Report of Portfolio Committee on Social Development on List of recommended candidates to serve on the Independent Tribunal for Social Assistance Appeals (Announcements, Tablings and Committee Reports, 1 December 2022, p 44).

Ms N Q Mvana as Chairperson of the Committee, introduced the Report.

There was no debate.


Question put: That the list of recommended candidates to serve on the Independent Tribunal for Social Assistance Appeals, as it appears in the report of the Committee, be agreed to.

Declarations of vote made on behalf of the Democratic Alliance, Economic Freedom Fighters, Inkatha Freedom Party, African Christian Democratic Party, National Freedom Party, Al Jama-ah and African National Congress.

Question agreed to.
Question agreed to.

The list of recommended candidates to serve on the Independent Tribunal for Social Assistance Appeals accordingly approved.

10.
[18:02] Mr F Jacobs moved without notice: That the House – (1) notes with deep sadness the passing of the African National Congress Member of Parliament (ANC MP), Ms Maurencia Natalie Gillion, on Tuesday afternoon, 28 February 2023, during a members’ training workshop at the Cape Town City Lodge; (2) further notes that: a) she represented the NCOP, and served as the Chairperson of the Select Committee on Health and Social Services; and the Western Cape Province in MINUTES: NATIONAL ASSEMBLY NO 9 – 2023 34 Tuesday, 14 March 2023] b) she also served as a member of the Select Committee on Education and Technology, Sports, Arts and Culture; understands that she was the Executive Mayor of the Overberg District Municipality between 2006 and 2010; further understands that she served as a Member of the Western Cape Provincial Parliament from 2014 to 2019; acknowledges that within the African National Congress, she served as the party’s Provincial Deputy Secretary from 2011 to 2015 and as the party’s Provincial Treasurer from 2015 to 2019; further acknowledges organisation with dedication and loyalty; and that she served her community and conveys its heartfelt condolences to her family, friends and to her party, the African National Congress.
(3) (4) (5) (6) (7) Agreed to.

11.
Mrs M O Clarke moved without notice: That the House - (1) (2) (3) (4) notes with shock that the Minister of Health, Dr M J Phaahla, confirmed that at least four persons had died by 9 March 2023 as a direct result of the ongoing protests by public servants who are members of the National Education, Health and Allied Workers’ Union (NEHAWU); further notes that NEHAWU and several other public sector unions have been locked in a protracted wage dispute with the Government, and have embarked on an increasingly violent, indefinite strike at public healthcare and other government facilities since Monday, 6 March 2023; recalls that hospitals in KwaZulu-Natal, Gauteng, Eastern Cape, North West and Western Cape have been particularly badly affected, where striking public servants have forced non-striking colleagues to abandon their posts, barred non-striking colleagues from entering their places of work, left patients in hospitals unattended, attacked a private ambulance transporting an injured child in critical condition, and assaulted paramedics, amongst other transgressions; acknowledges that although every South African has a right to protest, the engagement in criminal activities within the vicinity of healthcare facilities, the threatening of non-striking colleagues, and the putting of patients’ lives at risk by striking public servants is unacceptable behaviour and should be condemned in the strongest terms; (5) appeals to NEHAWU to stop their members from engaging in violent, criminal and harmful activities during the strike; MINUTES: NATIONAL ASSEMBLY NO 9 – 2023 Tuesday, 14 March 2023] 35 (6) (7) calls on law enforcement agencies to act swiftly to arrest and detain public servants and any other persons found engaged in criminal activity within the vicinity of health facilities; and further calls on NEHAWU and the Government’s negotiators to return to the negotiating table as a matter of urgency to resolve the wage impasse.
Agreed to.

12.
Mr M N Paulsen moved without notice: That the House - (1) (2) (3) (4) notes that today marks 140 years since the passing of a great philosopher and thinker, Karl Marx, who passed away in London, United Kingdom; that Karl Marx’s contribution and philosophy acknowledges reverberated and continues to do so throughout the universe, and that he gave the world a gift to stand up against the exploitation of capitalism as it will self-destruct; recognises that it is impossible to lay any intelligible claim about the economic systems of modern capitalism without reference to Karl Marx, as he remains the most influential socialist thinker in the world since the publication of the Communist Manifesto; and calls on all progressive activists to continue to use Karl Marx's ideas to understand the daily struggles of our people in our pursuit for true human freedom and an equal society.
Agreed to.

13.
Mr B A Radebe moved without notice: That the House - (1) (2) (3) (4) notes with deep sadness the untimely passing of the Free State Education MEC, Tate Makgoe, and his bodyguard, Warrant Officer Vuyo Mdi, in a horrific car crash on the N1, outside Winburg, on Sunday, 5 March 2023; further notes that their driver Pule Nkopane survived and was rushed to Winburg Hospital; believes that their motor vehicle collided with three stray cows and the three of them were trapped inside; remembers Makgoe as a trailblazer who served his people and his country with the utmost distinction in all his areas of deployment, especially in the education sector; MINUTES: NATIONAL ASSEMBLY NO 9 – 2023 36 Tuesday, 14 March 2023] (5) (6) (7) (8) further remembers that under his leadership, the Department of Education had included chartered accountants, economists and engineers to assist township and rural schools; recalls that he made headlines this year after the Free State clinched the number-one spot in the matric results for the fourth year in a row; believes his passing is an insurmountable loss to the education sector; conveys its deepest condolences to his family and to the family of his protector, Warrant Officer Vuyo Mdi; and (9) wishes Pule Nkopane, who is in a critical condition, a speedy recovery.
Agreed to.

14.
Ms Z Majozi moved without notice: That the House - (1) (2) (3) (4) (5) (6) (7) notes that the South African Archers at the Championship achieved outstanding feats by breaking and now holding 13 world records; further notes that these remarkable achievements are a testament to the calibre and diversity of South African archers and their management team, President of the South African National Indoor and Field Archery Association (SANIFAA), Mr Petrus van Breda, and Team Manager, Mr Pierre van der Merwe; through the Department of Sport and calls on government, Recreation, to financially support our national teams, who are currently entirely self-funded by private sponsorships and their respective sporting associations; acknowledges that without such private and self-funded financial support, the South African National Protea Field Archery team would find themselves in the same position as many other national teams, unable to participate in events due to lack of funding; further acknowledges that greater government financial support or ability to find sufficient private sponsorship inhibits world-class South African sports persons from competing internationally; encourages the Department of Sports, Arts, and Culture to allocate unique budgets enabling world-class South African sportspersons to showcase their talents at international competitions; understands that such funding could also be utilised to provide up- and-coming sportsmen and women with equipment and training by World Champions, further capacitating them to excel in their respective fields; and MINUTES: NATIONAL ASSEMBLY NO 9 – 2023 Tuesday, 14 March 2023] 37 (8) congratulates and celebrates the South African archery teams for the remarkable achievements.
Agreed to.

15.
Mr F J Mulder moved without notice: That the House - (1) (2) (3) (4) (5) notes that on 6 March 2023 at the Bay Hotel in Cape Town, the management company Citadel, hosted their annual charity gala dinner with a performance by well-known international artist Ronan Keating and supported by South Africa’s own iconic sportsman Gary Player for the benefit of South African children in need; further notes that the charity auction was facilitated by former Springbok captain Jean de Villiers, after a performance by Keating and his band, and this event proved that a collective effort could make a difference, that the importance of responsible giving has never been higher, and a tangible impact is more sustainable than once-off giving; acknowledges that the auction raised over R2.1 million of which the the Citadel proceeds will be managed and distributed by Philanthropy Foundation and the beneficiaries are the Red Cross War Memorial Children’s Hospital in Cape Town and the Blair Atholl Pre-Primary School in Johannesburg; also notes that more than R7 million has been raised since the start of this project in 2018; and further acknowledges the achievement of philanthropic projects of this nature and the courage of those involved to lean into difficult conversations rather than shy away from them, and the bravery to stare adversity in the face with a significant response.
Agreed to.

16.
Ms B N Dlulane moved without notice: That the House - (1) (2) (3) notes that Siyabonga Stengana converts illegal dump sites into recreational spots around townships in the Western Cape; understands that the 33-year-old started with small projects in the township of Mbekweni after he lost his job at the beginning of the Covid-19 lockdown; further understands that without any sponsorship, Stengana has managed to convert almost 40 sites by cleaning and converting them into recreational spots for relaxation; (4) believes that Stengana targets illegal dump sites near schools, residential areas, taxi ranks, and any illegal dumpsite, and turns them MINUTES: NATIONAL ASSEMBLY NO 9 – 2023 38 Tuesday, 14 March 2023] into recreational areas such as parks, general spaces for events, and gardens; commends and thanks Siyabonga for taking this initiative in helping to transform his community; and urges those who wish to help him continue his good work, to assist in any way possible.
(5) (6) Agreed to.

17.
Mr S N Swart moved without notice: That the House - (1) (2) (3) notes the significant achievement of Richmond High School under leadership of Principal John Benn; further notes that the school improved from a 50 % pass rate in 2021, to a 83% pass rate in 2022; understands that this achievement was made possible by the support and dedication of its teachers, and the support of the wider community; and (4) congratulates Richmond High School for this incredible achievement and for flying the flag of the Northern Cape so high.
Agreed to.

18.
Mr B B Nodada moved without notice: That the House - (1) (2) (3) notes that a four-year-old Langalam Viki sadly drowned after falling in a pit toilet at a primary school in Glen Grey in the Eastern Cape; acknowledges that there is an urgent need to eradicate pit toilets at schools across the Republic; recalls that the National Education Infrastructure Management System reported in 2021 that more than 5 000 schools were still forced to use pit toilets, while almost 6 000 schools do not have reliable water supplies; (4) calls on the Department of Basic Education to prioritise the eradication of pit toilets at schools; and (5) conveys its heartfelt condolences to the family of Langalam Viki.
Agreed to.

19.
Mr M N Paulsen moved without notice: That the House - (1) the decision of Dentsu, notes international advertising and marketing agency, which represents big brands such the fifth largest MINUTES: NATIONAL ASSEMBLY NO 9 – 2023 Tuesday, 14 March 2023] 39 as Absa, Heineken, PEP, and H&M, to spend 30% of out-of-home advertising on black-owned media businesses; further notes that Dentsu spends over R300 million on out-of-home advertising, which means at least R90 million will be set aside for black-owned media businesses, which is a step forward in the racial transformation of the marketing and advertising sector in South Africa; realises that out-of-home advertising is dominated by a few companies, and that big brands in South Africa are engaged in anti- black racism; understands that these companies are paying more for white-owned billboards than they do for black-owned billboards, regardless of location, which is anti-black racism; and calls on PRIMEDIA Outdoor, Network Outdoor, and others to follow the example of Dentsu and set aside budget to spend on black-owned businesses to transform the sector.
(2) (3) (4) (5) Agreed to.

20.
Ms S Patrein moved without notice: That the House - (1) (2) (3) notes with deep pride that South African Police Service Special Task Force (SAPS STF) Unit was ranked ninth at the recent United Arab Emirates (UAE) SWAT Challenge; further notes that SAPS STF took part in the annual five-day UAE SWAT Challenge that featured 55 law enforcement agency teams from around the world; understands that the challenge assessed the tactical acumen, mental focus and physical endurance of law enforcement agencies from across the world and was designed to promote the exchange of knowledge, expertise and to strengthen partnerships to make communities safe; (4) commends the members’ performance as in the world we are ranked number nine, but on the African continent we are ranked number one which is a huge achievement; and (5) congratulates the Special Task Force on their success and thanks them for flying the South African flag high.
Agreed to.

21.
Mr A M Shaik-Emam moved without notice: That the House - MINUTES: NATIONAL ASSEMBLY NO 9 – 2023 40 Tuesday, 14 March 2023] (1) (2) (3) (4) (5) (6) (7) (8) notes that the South African Youth Kung Fu team won first place in the first African Youth Kung Fu tournament that took place in Goodwood Cape Town on the 4th and 5th of March 2023; further notes that this African Youth Kung Fu tournament was hosted by none other than M.J. Li; acknowledges that in addition to winning first place the South African Youth Kung Fu team snapped up 21 gold medals, 6 silver medals, and 6 bronze medals; recognises that Kung Fu champion M.J. Li has been working in underprivileged communities for a long period of time identifying youth to take up this sport; further recognises that this great initiative has yielded positive results with many youths from underprivileged areas performing exceptionally well and bringing pride and joy to our beautiful country; congratulates the South African Youth Kung Fu team on their great success; further congratulates and commends M.J. Li for his role in uplifting youth from disadvantaged communities and producing such great talent; and calls on the Department of Sport, Arts and Culture to partner with the likes of M.J. Li to identify talent in our communities and more importantly, uplift our communities through sports.
Agreed to.

22.
Mr L E Molala moved without notice: That the House - (1) (2) (3) (4) notes with deep sadness the passing of veteran radio and TV presenter Mark Pilgrim, after battling stage four lung cancer, on Sunday, 5 March 2023 at the age of 53; further notes that Pilgrim was diagnosed with stage four lung cancer in March 2022, which he revealed in June had spread to his femur, the base of his spine and lymph nodes; understands that following his diagnosis, the radio presenter launched a YouTube video series chronicling his recovery journey; acknowledges that Pilgrim was a presenter on Hot 102.7FM from Monday to Saturday at the time of his death and due to his recent health setbacks, he had to step away from the mic; (5) further acknowledges that the father of two was diagnosed and beat aggressive Stage 3 testicular cancer in 1988; and MINUTES: NATIONAL ASSEMBLY NO 9 – 2023 Tuesday, 14 March 2023] 41 (6) conveys its deepest condolences to his family, friends and industry peers.
Agreed to.

23.
Mr N Capa moved without notice: That the House - (1) (2) (3) (4) notes that when Covid-19 hit South Africa, the embroiderers and artists of the Keiskamma Art Project in the Eastern Cape hamlet of Hamburg found themselves locked down at home without a means of income; further notes that instead of sitting around wringing their hands, each stitcher set to work on a piece of self-designed handwork that would eventually come together to become the project’s incredibly moving Covid-19 Resilience Tapestry – depicting the people of Hamburg’s dogged will to survive in the face of unspeakable calamity; understands that the Covid-19 Resilience Tapestry – collected at Constitution Hill, together with other such artworks was made possible through corporate sponsorship from Hollard which is also commissioning a new large-scale embroidery from the Keiskamma artists; acknowledges that the Keiskamma artworks on display offer a vivid and nuanced snapshot of the community’s lived reality, ranging from the ravages of HIV/Aids shown in the Keiskamma Guernica, to the Keiskamma Tapestry that tracks the country’s troubled colonial and apartheid history – all reimagined from the perspective of these rural women’s on-the-ground daily reality; and (5) wishes them well for their future creative projects and much success on the Keiskamma retrospective exhibition, on display until 24 March 2023, at Constitution Hill Agreed to.
24.
Ms S J Graham moved without notice: That the House - (1) (2) notes that the Nqweba Secondary School was opened in January 1982 to address the learning needs of the growing isiXhosa population in uMasizakhe in Graaff-Reinet; acknowledges that the school, through partnerships between the learners, educators and parents, managed to raise its National Senior Certificate (NSC) pass rate from 52.3% in 2021 to 82.9% in 2022; (3) recalls that 87 out of the 105 Grade 12 learners who wrote the NSC exams passed in 2022; MINUTES: NATIONAL ASSEMBLY NO 9 – 2023 42 Tuesday, 14 March 2023] (4) (5) (6) recognises that Anathi Masimini was the school’s top learner in 2022 with four distinctions, and that Azola Boloda achieved three distinctions; further recognises that Mr Badian Daniels developed and ran four intervention programmes during school holidays where learners stayed in the hostel and attended extra classes to prepare for the NSC exams; remembers that the late Mr Matthew Goniwe, of the Cradock Four, headed up the Mathematics and Science Department at the school from 1981 to 1983; (7) congratulates retired Principal Zolile Malotana and his team of educators on these excellent results; and (8) wishes Principal Zanovuyo Mdingi, his team of educators and the learners of the school continued success.
Agreed to.

25.
Mr M G E Hendricks moved without notice: That the House - (1) (2) (3) (4) (5) (6) notes that the Holy Month of Ramadan will commence on 23 March 2023 in South Africa and Muslims throughout the world will observe fasting during this month; further notes that fasting and giving charity are within the five pillars of Islam; understands that Muslims’ spirit of selflessness and service to communities is not confined to Ramadan; further understands that charity is mentioned in the Holy Qur’an many times thus taking care of humanity is a central part of Islam; acknowledges that fasting is not only spiritually uplifting, but has health benefits such as detoxifying and healing the body, and one’s mental and physical well-being; further acknowledges Layla tul Qadr (Night of Decree), an auspicious night in Ramadan during which the first verses of the Qur’an were revealed; and (7) believes that the Night of Qadr comes with blessings, and mercy of God as sins are forgiven and all supplications are accepted.
Agreed to.

26.
Ms R C Adams moved without notice: That the House - MINUTES: NATIONAL ASSEMBLY NO 9 – 2023 Tuesday, 14 March 2023] 43 (1) (2) (3) (4) notes with sadness the passing of the DStv Premiership club, Richards Bay FC soccer player, Siphamandla Mtolo after he collapsed while at training on Tuesday, 7 March 2023; remembers that Mtolo had been with the Natal Rich Boyz since 2020 after joining them from the Motsepe Foundation Championship team, Uthongathi; recalls that he was a captain of the squad when they clinched the Glad Africa Championship, now known as the Motsepe Foundation Championship and gained automatic promotion to the Premiership last year; further recalls that the star midfielder’s last match for Richards Bay was the 1-0 defeat to Soweto giants, Kaizer Chiefs on Saturday, 4 March 2023, where he played the entire game at King Zwelithini Stadium; and (5) conveys its sincerest condolences to his family, friends and the club during this difficult time.
Agreed to.

27.

[18:31] Notices of motion.

28.

The House adjourned at 18:40.

X George Secretary to Parliament MINUTES: NATIONAL ASSEMBLY NO 9 – 2023