Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698830507712.pdf (South Africa)
Tuesday, 14 September 2021] No 125—2021] THIRD SESSION, SIXTH PARLIAMENT PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA _____________________ ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS _____________________ TUESDAY, 14 SEPTEMBER 2021 _____________________ TABLE OF CONTENTS ANNOUNCEMENTS National Assembly 1.

2.
2.

Annual Report of Joint Standing Committee on Intelligence .......................................... 2 Referral to Committees of papers tabled .......................................................................... 2 TABLINGS National Assembly and National Council of Provinces 1.

Speaker and Chairperson .................................................................................................. 3 National Assembly 1.
Speaker ........................................................................................................................... 36 1 ANNOUNCEMENTS National Assembly The Speaker 1.

Annual Report of Joint Standing Committee on Intelligence (1) Annual Report of the Joint Standing Committee on Intelligence for the Financial Year ending 31 March 2020, including the period up to December 2020.

Report to be considered.

2.


Referral to Committees of papers tabled (1) The following paper is referred to the Joint Standing Committee on Financial Management of Parliament for consideration and report.
Report of the Auditor- General on the Financial Statements and Performance Information is referred to the Standing Committee on Public Accounts for consideration: (a) Report and Financial Statements of Vote 2 – Parliament of the Republic of South Africa for 2020-21, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 2 for 2020-21, tabled in terms of section 60 of the Financial Management of Parliament and Provincial Legislatures Act, 2009 (Act No 10 of 2009).
(2) The following papers are referred to the Portfolio Committee on Environment, Forestry and Fisheries for consideration and report.
Reports of the Auditor- General on the Financial Statements and Performance Information are referred to the Standing Committee on Public Accounts for consideration: (a) Report and Financial Statements of the South African National Biodiversity Institute (SANBI) for 2020-21, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2020-21.
(b) Report and Financial Statements of the South African Weather Service for 2020-21, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2020-21.
(3) The following paper is referred to the Portfolio Committee on Cooperative Governance and Traditional Affairs for consideration: (a) Letter from the Minister of Cooperative Governance and Traditional Affairs dated 8 September 2021, to the Speaker of the National Assembly explaining the reasons for the delay in the submission of the Annual Report of the Department of Cooperative Governance for the year ended 31 March 2021.

2 TABLINGS National Assembly and National Council of Provinces 1.
The Speaker and the Chairperson DELEGATION REPORTS ADOPTED BY THE PARLIAMENTARY GROUP ON INTERNATIONAL RELATIONS (PGIR) ON 27 AUGUST 2021.

(a) Report of the South African Parliamentary delegation on the virtual attendance of Parliamentary leadership for the 2030 Agenda Webinar Series: Climate Leadership: Preparing for COP 26, 22 March 2021.
3 REPORT OF THE SOUTH AFRICAN PARLIAMENTARY DELEGATION ON THE VIRTUAL ATTENDANCE OF PARLIAMENTARY LEADERSHIP FOR THE 2030 AGENDA WEBINAR SERIES CLIMATE LEADERSHIP: PREPARING FOR COP26 22ND MARCH 2021 2ND APRIL 2021 4 1.

INTRODUCTION Climate change poses one of the greatest challenges to South Africa, especially in terms of the efforts needed to arrest it, by reducing emissions and adapting to its impacts.
Tackling climate change has far-reaching implications for socio-economic development, for production and consumption patterns, and thus for employment and income levels and poverty reduction.
South Africa is not only a victim to the impacts of climate change, but it is also a major contributor to the process, owing to its high emissions profile: it is the 13th major greenhouse gas emitter globally and ranks 10th in terms of per capita emissions.1 However, stabilising atmospheric concentrations of greenhouse gases demands a major global effort and it was precisely for this reason that South Africa signed the United Nations Framework Convention on Climate Change (UNFCCC) in 1993 and subsequently ratified it in 1997.2 Domestic policy processes, which culminated in the National Climate Change Response White Paper to enable the country to effectively observe the Convention, were based on the countries realities and are broad-based.
Consequently, South Africa has been involved in multilateral processes that seek to bridle the negative impacts of climate change since the ratification of the Convention in 1997, and it is on this premise that the presiding officers of Parliament regularly send parliamentary delegations to represent Parliament at GLOBE International’s Legislators’ Summits, which annually coincide with relevant Conference of the Parties (COP) events.
The same parliamentary delegations attend parliamentary meetings held on the occasion of those COPs to the United Nations Climate Change Conference (UNFCCC), which are jointly organised by the Inter-Parliamentary Union (IPU) and host parliaments.
South African legislators started attending COP and those parliamentary events since November 2009, when Parliament sent delegates to Copenhagen, headed by the Honourable Speaker, Mr Max Sisulu in the lead to COP15, which was again attended by South African legislators.

1 Asamoah, J.

(2000).

Darling Demonstrates the Power of Wind.

African Energy, 2(4): 32-35.

2 Davidson, O., Lwazikazi, T. & Afrane-Okesse, Y.

(2002).
(2002).

Climate Change, Sustainable Development and Energy: Future Perspectives for South Africa.

Energy and Development Research Centre, University of Cape Town; Department of Environmental Affairs and Tourism (DEAT) (2000).

South Africa: Initial National Communication under the United Nations Framework Convention on Climate Change.

Department of Environmental Affairs and Tourism, Pretoria.
5 1.1 Parliamentary Participation in the Webinar The Parliament of the Republic of South Africa, as already indicated, has been sending legislators to COP events, from COP15 in Copenhagen in 2009 to COP25/CMP15/CMA2 in Madrid, Spain, in 2019.
It was therefore against this background and the expectation that South African legislators will attend COP26/CMP16/CMA3 in Glasgow, Scotland, that Parliament chose the following legislators (honourable members) whose portfolios involve climate change to virtually attend the “Parliamentary Leadership for the 2030 Agenda Webinar Series”, focusing on “Climate Leadership: Preparing for COP26”: Mr Fikile Xasa, MP Ms Tebogo Modise, MP Ms Thembeka Mchunu, MP Ms Simphiwe Mbatha, MP Ms Nqabisa Gantsho, MP Ms Lindiwe Bebee, MP Content support: Dr Scotney Watts 2.
CLIMATE LEADERSHIP: PREPARING FOR COP26 It is critical that governments and legislators in their respective countries around the world now focus on climate action and delivery.

Parliamentarians (legislators) play a crucial role in designing and adopting the necessary policies (and laws) and holding governments accountable for delivering on the Paris Agreement.

Their key role in approving laws and budgets, are pivotal in addressing the climate crisis.
It is in this context that the Sustainable Development Solutions Network (SDSN), Parliamentarians for the Global Goals (PfGG), and the International Health Partnership for Universal Health Coverage (UHC2030) hosted the second webinar in the webinar series: Parliamentary Leadership for the 2030 Agenda, to support parliamentarians with scientific evidence for decision-making.
This discussion- focused event sought to foster an engaging dialogue between decision-makers in parliament and experts to determine how best to rise to the challenges posed by climate change.

3 6 In this webinar session, hosts asked leading experts and members of parliament to reflect on what strategies parliamentarians could follow to address the climate crisis?
What were the examples of successful measures that could be undertaken to reduce emissions and put the world on track for net-zero carbon emissions?

How could these policies be enacted within a gender-responsive framework?

More importantly, how could parliamentarians play a role in the implementation of climate mitigation and adaptation strategies?

And how could parliaments utilise the framework of the COP to inspire each other across borders?
These were the questions expected to guide these engaging conversations between parliamentarians and climate action experts, although they were not directly or wholly answered.

2.1 Proceedings of the Webinar In her introductory remarks, Ms Gabriela Cuevas, Co-Chairperson of the UHC2030 Steering Committee, emphasised the responsibility that parliamentarians have for addressing the climate crisis.
She stressed the impact that climate change has on vulnerable populations, noting that “climate change is not gender blind... Women have a greater chance of either death or injury following extreme weather events and have a greater chance to be affected by food insecurity arising from climate change.” Ms Cuevas closed off her introductory remarks with a call for urgent, concrete actions and with an inspirational message that current generations can be the ones to stop climate change and limit global warming.
Thereafter, she invited Professor Jeffrey Sachs, President of SDSN, who opened the event by reminding participants that we have the capability to achieve carbon neutrality by 2050.

Every country can chart a course to decarbonisation by mid-century, as it is just a matter of implementation.
Professor Sachs’ succinct opening remarks moved the event to an expert panel discussion session that comprised the following panelists: • Ambassador Luis Alfonso de Alba, Special Envoy of the United Nations Secretary-General for the 2019 Climate Summit; • Ms Laurence Tubiana, CEO of the European Climate Foundation; • Mr Rasmus Nordqvist, Member of the Danish Parliament; and 4 7 • Mr David Smith, Director of the Centre for Environmental Management at the University of the West Indies.
Ambassador de Alba started the panel with direct recommendations for parliamentarians to put pressure on governments in the lead to and during the COP26 event and also to interact with negotiators at COP26.

The Ambassador was frank about the red-tape parliamentarians must navigate at the event and gave tips on how to be prepared and be more involved, such as being an official member of the country delegation.
He also encouraged MPs to look at what is being done at the local level, highlighting that many cities and local authorities are taking the lead in implementing climate action or policy.

Ms Laurence Tubiana emphasised that now is the “moment of implementation” and that we are already late on action.

There has to be a focus on implementation, no more talking, it is time for doing.
She urged parliamentarians to speak the truth and not greenwash, underscoring their important relationship with their respective civil societies.

She affirmed that COP26 is five years after the Paris Agreement, meaning that it is time to take stock of the implementation of the Paris Agreement as well as agree on the rules and mechanisms of the Agreement itself.
Before the Paris/21, countries had not committed much to reduce their greenhouse gas emissions in their INDCs, but at COP26, all parties are expected to present their ambitions in their respective NDCs.

After all, countries agreed to cut greenhouse gas emissions with a view to “holding the increase in the global average temperature to well below 2°C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5°C above pre-industrial levels”, under the 2015 Paris Agreement.
Mr Rasmus Nordvquvist spoke from experience and continued the dialogue on pressuring governments, recommending parliamentarians to follow-up the promises that their governments made at previous COPs.
He discussed a climate law that he helped recently pass in Denmark, highlighting the programming that went into the law, such as a yearly plan for climate policy that demonstrates a way to their reduction target as well as an independent climate council to review their policy implementation to ensure that they (Denmark) remain on track.
5 8 The final speaker, David Smith, presented the perspective from Small Island Developing States (SIDS), reminding parliamentarians to pay attention to the inequalities and the importance of these differences.

Many SIDS have a much more urgent situation on their hands, noting that priorities of nations would be different.

He made a strong case for strengthening the connection between academia and policy, as parliamentarians should be developing climate policies based on good quality science.
Ms Kirsten Brosbøl, Founder of PfGG led the hour-long discussion following the presentations.

Representatives from Italy, Spain, Hungary, Zimbabwe, Mexico, the Philippines and Greece shared some of the strategies that were underway within their parliaments for action on climate change.
The discussions focused on the responsibility of parliamentarians not only at COP26, but as well as outside the negotiations, with Ms Tubiana highlighting that much of the decision-making on climate happens outside of climate forums.

The conversation also focused on the opportunities for parliamentarians to continue collaborating and learning from one another as they navigate these challenges.
Parliamentarians left the event with some very specific advice on how they can play a role leading up to and at COP26 in Glasgow, and with a reminder that climate action is not about protecting the planet, but also about the people they represent.

Parliamentarians have the responsibility to protect their citizens from the threats of climate change to ensure a sustainable future.

3.
3.

RECOMMENDATIONS Parliament should establish a formal structure for overseeing climate change action undertaken by the executive branch of government in Parliament, given the crosscutting nature of climate change.

Alternatively, an independent body of experts can be established outside the executive and Parliament to oversee climate action and advise Parliament on how South Africa can most successfully and cost- effectively undertake the transition to a low-carbon economy by 2050.
The National Climate Change Bill provides a unique opportunity to formalise the establishment of such a structure.

It might be appropriate for South Africa to learn from the rationale and functioning of the Danish Council on Climate Change.
There is also an opportunity for us to draw from the UK’s Climate Change Committee (CCC), 6 9 which is an independent, statutory body established under the Climate Change Act 2008 to advise the UK and devolved governments on emissions targets and to report to Parliament on progress made in reducing greenhouse gas emissions and preparing for and adapting to the impacts of climate change.

The current oversight of climate action in government is deficient.

Report to be adopted.


7 10 (b) Report of the SADC-PF Standing Committees virtual session ahead of the 49th SADC-PF Plenary Assembly Session, 9 – 16 April 2021.
11 REPORT OF THE SADC-PF STANDING COMMITTEES VIRTUAL SESSION AHEAD OF THE 49TH SADC-PF PLENARY ASSEMBLY SESSION 9 – 16 APRIL 2021 1 12 EXECUTIVE SUMMARY The outcomes of the meeting require the following pertinent issues for noting/action by Parliament: • The PGIR referring to the Portfolio Committee on Women, Youth and Persons with Disabilities and the Committee on Multi-Party Women’s Caucus - for their information - the joint publication from the United Nations Population Fund (UNFPA) and SADC-PF: A Guide to Using the SADC Model Law on Eradicating Child Marriage and Protecting Children Already in Marriage For Parliamentarians, Civil Society Organisations and Youth Advocates (2018) https://esaro.unfpa.org/sites/default/files/pub-pdf/J7288E%20- %20SADC%20Model%20Law%20Toolkit%20final.pdf).
The guide was developed to assist MPs in their engagements related to child marriage and the domestication of the Model Law.
(available from: • The PGIR referring to the Portfolio Committees on Trade and Industry, Select Committee on Trade and Industry, Economic Development, Small Business Development, Tourism, Employment and Labour, the Portfolio Committee on Health and the Select Committee on Health and Social Services - for their information - the publication Intellectual Property Rights and Access to Medicines in Southern and East Africa (available from: https://www.arasa.info/media/arasa/Resources/user%20manuals/ip-toolkit- guide-1-2-print-edition.pdf) to assist them in their considerations on issues related to access to affordable medicines and the local production thereof.
1.

INTRODUCTION Purpose of the meeting: For the Standing Committees to deliberate on various thematic issues of regional interest and concern that fall under their respective mandates in terms of the SADC- PF Constitution and Rules of Procedure.

Delegation Members: • Hon.

Ms N. Bilankulu, MP • Hon.

Mr T. Matibe, MP • Hon.

Mr D. Moela, MP • Hon.

Mr D. Bergman, MP (Treasurer of the SADC-PF) • Hon.
Ms H. Mkhalipi, MP Delegation Secretariat: • Dr N. Leibrandt-Loxton: Researcher – International Relations and Protocol Division (IRPD) 2.

MEETING OUTCOMES 2.1 Standing Committee meetings 2.1.1 Regional Parliamentary Model Laws Oversight Committee The Committee met on 9 April 2021 to, amongst others, orient new Members (the Chairpersons of Standing Committees and the Regional Women’s Parliamentary Caucus (RWPC)) on their mandate and the Committee’s working methods.
The Committee engaged on the following: 2 13 • Overview on the Mandate of the RPMLOC and Priority Activities of the Committee for 2020/2021.

• Overview of the Committee’s Work to Date.

• Presentation on The Role of Parliamentarians in Domestication of Model Laws - with selected focus on the SADC PF Model Laws on HIV/AIDS and Elections.
• Presentation on The Cost of Inaction – Key Areas for Domestication and Oversight focusing on the Model Law on Eradicating Child Marriage and Protecting Children Already in Marriage The Committee agreed to the following priorities for 2020/21: • Benchmarking with Zambia on the domestication of model laws through interfacing with stakeholders, and assessing Zambia’s progress in domesticating model laws for report to Plenary.
• Monitoring the domestication of the Model Law on Eradicating Child Marriage and Protecting Children Already in Marriage in Zimbabwe and documenting the country’s progress in this regard.
2.1.2 Meeting of the Standing Committee on Trade, Industry, Finance and Investment (TIFI) The Committee met on 11 April 2021 under the theme “Enhancing Regional Economic Integration Through Infrastructure Development: A Case of One-Stop Border Post (OSBP)” to consider its business and receive expert presentations on the theme from COMESA, the Zambia Revenue Authority, Zimbabwe Revenue Authority and the Southern Africa Cross Border Traders’ Association.
The presentations dealt with the following matters: • Understanding the background to the concept of OSBPs; • Exploring the benefits of OSBPs; • Appreciating the role of OSBPs in the trade facilitation agenda including harmonisation and simplification of international trade procedures; • Appreciating the lessons learnt, the challenges being faced and the prospects, if any, in the implementation of OSBPS; • Learning the status in implementing the model of OSBP in the Southern African Region; and establish the role national Parliaments can play in enhancing regional economic integration through infrastructure development.
The Committee’s resolutions will be captured in a report due for submission to the Plenary Assembly for its consideration and adoption.

2.1.3 Meeting of the Standing Committee on the Food, Agriculture and Natural Resources (FANR) The Committee met on 12 April 2021 to consider its business and deliberate on the theme “Harnessing Domestic Tourism During Pandemics: A Case of the COVID 19 Pandemic.

The Role of Parliaments”.


The committee engaged with a presentation on the theme from the SADC Secretariat, which highlighted the following (among others): 3 14 • That the SADC’s tourism agency, the Regional Tourism Organization of Southern Africa (RETOSA) was facing liquidation.
This development will require an amendment of the SADC Protocol on the Development of Tourism • SADC has a Programme of Tourism 2020 – 2030, established by the Committee of Ministers responsible for Tourism in October 2019, that forms part of the region’s revised Regional Indicative Strategic Development Plan 2020 – 2030 (adopted in August 2020) • The Programme seeks to grow intra-SADC tourism through regional collaboration that is pillared on promoting a positive image of SADC; developing tourism in transfrontier conservation areas (TFCAs); improving the quality of visitor experiences; and maximizing tourism partnerships and collaboration.
• The SADC Secretariat is still in the process of assessing the impact of Covid-19 on tourism, noting remaining threats such as continued restrictive travel advisories; travel insurance exclusion of Covid-19 cover; traveler fear; and airline failures and previous international routes not having been re-established • Some interventions that are being considered for recovery include the following: Implementation of consistent standard operation procedures (SOP)s across SADC o o Simplifying visa and immigration processes o Reputation management and crisis communication o o Establishing regional travel corridors, focussing on TFCAs o Economic relief o Improving/re-establishing air access Improved collaboration 2.1.4 Meeting of the Standing Committee on Democratisation, Governance, and Human Rights (DGHR) The Committee met on 13 April 2021 under the theme “The role of Parliament in protecting Constitutionalism and the Rule of Law in Southern Africa: Prospects and Challenges.’’ The Committee engaged with resource persons on the theme, including on the following issues: • Hon.
Mr D. Bergman (South Africa), in his capacity as Vice-Chairperson of this Committee, moved a motion on the insurgency in Mozambique.

Amongst others, the motion welcomed the decision by the SADC Double Troika to immediately deploy back-up support to the Mozambique army.

The Committee unanimously supported the motion.


• The presentation on the theme focused on the following: o The various roles parliaments can play to ensure separation of powers; legislating effectively; performing their exclusive constitutional roles well; and ensuring oversight, monitoring, and accountability.

o The relationship between parliaments and other players in protecting constitutionalism and the rule of law, including the executive, the judiciary, and the public.
o Some issues that the Committee engaged on included: § The need for judicial independence, especially since there is no such independence in about 50% of African states § The need to protect whistle-blowers § The need for parliaments to legislate on matters realistically and to not over- legislate – laws must be enforceable § How to balance public participation and inputs with majority views in parliament 4 15 2.1.5 Meeting of the Standing Committee on Gender Equality, Women Advancement and Youth Development (GEWAYD) The Committee met on 14 April 2021 to consider its business and deliberate on the theme “Unpaid Care and Domestic Work: Why Should Parliament Care?” The Committee received presentations from resource persons and deliberated on the following: • Defining the concepts of unpaid care and domestic work, as well as the insensity of care • The challenges of unpaid care that, despite being the hidden engine that keeps economies and societies going, include: o Women and young girls driving it with little or no time, at very low wages, while keeping them at the bottom of the economy o Lack of recognition of unpaid care and domestic work o Policy commitments and financial investments in such services and infrastructure are low o The privatisation of essential services is limiting opportunities to women's unpaid care responsibilities o There is a lack of data on unpaid care and domestic work, with only 16 African countries having national time use data as of 2018 • Some of the intervention strategies discussed by the Committee included: o The need for recognition that unpaid work is mainly done by women o Reducing the number of hours needed for unpaid care through access to affordable time-saving technologies and supporting infrastructure services such as water and electricity provision o Ensuring the representation of caregivers in the design and decision-making of policies that affect them o The need for legislation to be strengthened to protect domestic workers o Ensuring that communities know their rights, as well as keep those who violate those rights accountable o Promoting the understanding among men that affirmative action interventions to empower women are not forever, but time-bound with targets o The need for accurate data to provide a comprehensive picture of this challenge 2.1.6 Joint Session of the SADC-PF Standing Committees and Regional Women’s Parliamentary Caucus (RWPC) The Joint Session took place on 15 April 2021 and engaged with presentations on the following two themes: • The Urgency of Continued Investments in Child Marriage in the Covid-19 Context and the Role of the SADC Model Law on Child Marriage o The Session received an overview of child marriage in the region, and heard that in East and Southern Africa, 32% of girls are married before the age of 18 years.
This translated into 1 in 3 girls Interventions from the floor noted that the SADC region was the first to develop a model law on child marriage and reiterated the need for the model law to be popularised in SADC countries, and for SADC parliaments to remain committed to utilising it in their domestic contexts o 5 16 o Members were encouraged to share with their relevant national parliamentary committees and women’s caucuses the following publication from the United Nations Population Fund (UNFPA): A Guide to Using the SADC Model Law on Eradicating Child Marriage and Protecting Children Already in Marriage For Parliamentarians, Civil from: Society Organisations https://esaro.unfpa.org/sites/default/files/pub-pdf/J7288E%20- %20SADC%20Model%20Law%20Toolkit%20final.pdf).
The guide was developed to assist MPs in domesticating the Model Law.
and Youth Advocates (available (2018) • The Role of Parliamentarians in Advancing Access to Covid Vaccines, Medicines, and Diagnostics o The Session heard that least developed countries can use the TRIPS-flexibilities until 2033, but that these remain under-utilised o Using TRIPS will assist qualifying SADC countries to build capacity to produce medicines locally, making them more affordable o Accordingly, MPs were encouraged to § Advocate for the development of legislation and policies to facilitate access to medicine and remove barriers to access § Strengthen domestic patent legislation to set the path to driving the feasibility of local manufacturing § Oversee governments to ensure they remain committed to achieving the SDGs relevant to access to medication § Share the publication Intellectual Property Rights and Access to Medicines in from: Southern https://www.arasa.info/media/arasa/Resources/user%20manuals/ip-toolkit- guide-1-2-print-edition.pdf) with relevant national parliamentary committees related to Trade and Health for their consideration and utilisation (available Africa East and 2.1.7 Meeting of the Standing Committee on Human and Social Development & Special Programmes The Committee met on 16 April 2021 to consider and adopt the minutes of its previous meeting and adopt its Work Plan.
The Committee also received a presentation on the progress of the Forum’s Sexual and Reproductive Health Rights (SRHR) Project (in which the South African Parliament is not participating).

3.
RECOMMENDED ISSUES FOR NOTING AND/OR ACTION BY PARLIAMENT • The PGIR referring to the Portfolio Committee on Women, Youth and Persons with Disabilities and the Committee on Multi-Party Women’s Caucus - for their information - the joint publication from the United Nations Population Fund (UNFPA) and SADC-PF: A Guide to Using the SADC Model Law on Eradicating Child Marriage and Protecting Children Already in Marriage For Parliamentarians, Civil Society Organisations and Youth Advocates (2018) https://esaro.unfpa.org/sites/default/files/pub-pdf/J7288E%20- %20SADC%20Model%20Law%20Toolkit%20final.pdf).
The guide was developed to assist MPs in their engagements related to child marriage and the domestication of the Model Law.
(available from: 6 17 • The PGIR referring to the Portfolio Committees on Trade and Industry, Select Committee on Trade and Industry, Economic Development, Small Business Development, Tourism, Employment and Labour, the Portfolio Committee on Health and the Select Committee on Health and Social Services - for their information - the publication Intellectual Property Rights and Access to Medicines in Southern and East Africa (available from: https://www.arasa.info/media/arasa/Resources/user%20manuals/ip-toolkit- guide-1-2-print-edition.pdf) to assist them in their considerations on issues related to access to affordable medicines and the local production thereof.
ENDS 7 18 (c) Report of the virtual SADC-PF Parliamentary Business sub-committee meeting ahead of the 49th SADC-PF Plenary Assembly, 12 May 2021.

19 REPORT OF THE VIRTUAL SADC-PF PARLIAMENTARY BUSINESS SUB- COMMITTEE MEETING AHEAD OF THE 49TH SADC-PF PLENARY ASSEMBLY 12 May 2021 1 20 1.

INTRODUCTION Purpose of the meeting: To deliberate on the arrangements for the upcoming 49th SADC-PF Plenary Assembly.

Hon.

Darren Bergman, MP from South Africa and Treasurer of the Forum submitted an apology.

2.
MEETING OUTCOMES The meeting outcomes were as follow: • Members of the sub-Committee were given an overview of the concept note on the theme of the 49th Plenary Assembly and were invited to give any inputs on the concept note; • Members reflected on the programme and were informed that the President of Botswana will open the Plenary Assembly; • Relevant staff will undergo a dry-run of the Plenary Assembly on 18 June 2021 to ensure all arrangements run smoothly; and • All arrangements concerning the 49th Plenary Assembly will also be discussed at the Executive Committee.
ENDS 2 21 (d) Joint Virtual Meeting of the SADC-PF Standing Committee on Human and Social Development and Special Programmes (HSDSP), Food, Agriculture and Natural Resources (FANR) and gender equality, women advancement and Youth Development (GEWAYD), 17 May 2021.
22 JOINT VIRTUAL MEETING OF THE SADC PF STANDING COMMITTEES ON HUMAN AND SOCIAL DEVELOPMENT AND SPECIAL PROGRAMMES (HSDSP), FOOD, AGRICULTURE AND NATURAL RESOURCES (FANR) AND GENDER EQUALITY, WOMEN ADVANCEMENT AND YOUTH DEVELOPMENT (GEWAYD) 17 May 2021 1 23 EXECUTIVE SUMMARY The outcomes of the meeting require the following issues for noting/action by Parliament: • Noting and tabling of this report by the Parliamentary Group on International Relations (PGIR) 1.
INTRODUCTION Purpose of the meeting: To deliberate on the theme “Social Accountability and Oversight in the Implementation of SADC Regional Commitments in Health and Agriculture”.

Delegation Members: • Ms N.K.

Bilankulu, MP • Mr T. Matibe, MP • Mr D. Moela, MP Delegation secretariat: • Dr N. Leibrandt-Loxton: Researcher, International Relations and Protocol Division (IRPD) 2.
MEETING OUTCOMES The meeting focussed on social accountability and oversight in the implementation of SADC regional commitments in health and agriculture.

The meeting was aimed at assisting SADC-PF members of the Standing Committees on HSDSP, FANR and GEWAYD to understand and assess social accountability in the context of regional agreements related to health and agriculture.
Members also engaged on the impact of social accountability challenges on the realisation of regional commitments, as well as possible parliamentary interventions.
The presentations providing the necessary background context were as follow: • Background on the Partnership for Social Accountability Alliance (PSA Alliance) and Progress on the 2019 Regional Budget Summit Communiqué • Understanding social accountability in the context of SADC commitments • • Interrogating SADC commitments on SRHR for adolescents and young people Interrogating SADC commitments on agriculture and food security Following these, the meeting focused on the following two presentations: • • Implications of Social Accountability Challenges in Service Delivery for the Realisation of SADC Regional Commitments – a focus on food security and agricultural services for smallholder farmers; and Implications of Social Accountability Challenges in Service Delivery for the Realisation of SADC Regional Commitments – a focus on SRHR for adolescents and young people 2 24 2.1 Implications of Social Accountability Challenges in Service Delivery for the Realisation of SADC Regional Commitments – a focus on food security and agricultural services for smallholder farmers The presentation focused on 5 stages of social accountability monitoring in the agricultural sector: • Planning and resource allocation: The presentation revealed that during this stage, there tends to be limited or no consultation with smallholder famers.
Only a few countries (Eswatini, Lesotho, and Malawi) have been doing such consultations in compliance with the Malabo Declaration on Accelerated Agricultural Growth.

• Process: Some of the key challenges here include most countries not realizing their budget share goals for agriculture (10% of the budget, according to the Malabo Declaration); agriculture budgets being overly dependent on donor funding; and late disbursement of funds from agriculture ministries.
• Performance management: Countries need to ensure that their national agriculture plans are aligned with the African Union (AU) Comprehensive Africa Agriculture Development Programme (CAADP).

Countries also need to ensure that the monitoring processes that they have in place are implemented.

• Public integrity management: Information for public consumption should be easy, therefore agricultural information should be publicly available in a timeous manner.
• Oversight: Parliaments were encouraged to ensure that they scrutinize agricultural sector strategic plans and budgets.

2.2 Implications of Social Accountability Challenges in Service Delivery for the Realisation of SADC Regional Commitments – a focus on SRHR for adolescents and young people The presentation focused on how accountability can be enhanced in terms of SRHR rights and services for adolescents and young people.
The recommendations provided for parliaments specifically were as follow: • Holding the executive to account on the management of public resources on health • Ensuring health budgets are in line with country plans and commitments • Collaborating with civil society for the generation of evidence on HIV/SRH challenges • Developing or enacting laws to ensure access to and utilisation of SRH and HIV services • Mainstreaming SRHR in review or development of laws and legal frameworks • Advocating for review and/or adaptation of the SADC model law on gender-based violence and public finance, once there are developed and adopted Some key recommendations that emerged after both presentations were that the SADC-PF must advise its member parliaments on how to get more young people involved in participatory democracy, including how to get youth in constituencies (especially those in remote areas) involved in pre-budget consultations.
3.

CONCLUSION 3 25 Members reflected on the role and influence of the SADC-PF and its respective member parliaments in ensuring oversight over the implementation of regional agreements.

Member parliaments were encouraged to utilise the information they are exposed to at SADC-PF platforms to strengthen their domestic oversight efforts, as per their national constitutionally embedded mandates.

ENDS 4 26 (e) Report of the Fourth Ordinary Session of the Fifth Pan African Parliament, 21 May – 04 June 2021.
27 REPORT OF THE FOURTH ORDINARY SESSION OF THE FIFTH PAN AFRICAN PARLIAMENT Midrand, Gauteng Province, Republic of South Africa 21 MAY-04 JUNE 2021 FOURTH ORDINARY SESSION OF THE FIFTH PAN AFRICAN PARLIAMENT 1.

EXECUTIVE SUMMARY 28 The Fourth Ordinary Session of the Fifth Pan African Parliament was scheduled to be held from 21 May to 04 June 2021 with a comprehensive programme.

This was the first physical session since the outbreak of COVID 19 at the beginning of the year 2020.
The following Members from the Parliament of the Republic of South Africa attended the Fourth Ordinary Session: • Hon.

Ms. P.C.P.

Majodina, MP; • Hon.

Mr. A. Masondo, MP; • Hon.

Mr. J. S. Malema, MP; • Hon.

Mr. T. Majola, MP; and • Hon.

Dr. M. Motshekga, MP.

Amongst important activities scheduled for the Fourth Ordinary Session was the election of the PAP leadership across the board.
This include the election of the new Bureau (President and four Vice Presidents of the PAP); the election of the Bureaux of Regional Caucuses; and the election of the Bureaux of all the PAP Permanent Committees.

In addition to the abovementioned important activity, the Fourth Ordinary Session was expected to debate the 2021 African Union Theme,” Arts, Culture and Heritage: Levers for building the Africa we want”.
Furthermore, the Session should have debated and adopted reports of the Permanent Committees of the PAP and should also have adopted various motions and resolutions.
In this regard, the delegation from the Parliament of the Republic of South Africa had prepared the following three motions for tabling, debate and adoption by the Session: • Motion calling for the immediate end of terrorism in Mozambique; • Motion calling for the waiver of specific trade related aspects of intellectual property rights relating to manufacturing of Covid 19 vaccines and related drugs; and • Motion to pledge solidarity with the people of the Democratic Republic of Congo following eruption of a deadly Volcano Nyiragongo in the Northern City of Goma in North Kivu Province.
However, apart from the Opening Ceremony which proceeded as planned and the Presentation and discussion of the Activity Report of the PAP, the Session was suspended on Tuesday 01 June 2021 without attending to all other activities in the programme due to serious disagreements amongst Members on the process that must be followed in electing the President of the PAP and its Bureau.
The following recommendations and observations are made for the South African delegation and they are comprehensively articulated on page 7 to 8 of this Report: • The inadequacy of the PAP Rules of Procedure and need to strengthen them; • The failure of the African Union to intervene during the chaotic Fourth Ordinary • Session; and A need for a meeting between the South African Delegation to the PAP, DIRCO and Department of Public Works to discuss PAP matters 2 29 2.

OPENING CEREMONY 2.1.


Messages of Solidarity 2.1.1.
Message of Solidarity from Her Excellency Minister Naledi Pandor, Minister of International Relations and Cooperation The following are some of the important issues raised by Minister Pandor in her message of solidarity on behalf of the Government and people of the Republic of South Africa: • That South Africa was privileged to have been given the right to Host such an • important Organ of the African Union, the Pan African Parliament; and In this regard, South Africa was in the process of purchasing the land to build the permanent Seat of the Pan African Parliament in accordance with the Host Country Agreement; • That the Members of the Pan African Parliament has an important oversight role to play in ensuring that the executive arm of the government was accountable and not abusing its powers; • That if Africa has to develop, it must build and develop institutions of higher learning which will help to provide much needed medical and scientific skills to develop vaccines to fight deadly virus such as Corona Virus; • That the space for manufacturing of Corona Virus Vaccines and related drugs must be open up to allow many countries to develop and manufacture their own vaccines to fight this pandemic; and In this regard, South Africa and India had made proposal to the World Trade Organization for waiver of specific trade related aspects of intellectual property rights relating to manufacturing of Covid 19 vaccines and related drugs; • • That Africa’s cultural treasures that was stolen by the colonial masters must be brought back to Africa in order to help to promote arts and culture in our continent.
2.1.2.

Message of solidarity from the Speaker of the National Assembly of South Hon.

Ms. Thandi Modise The following are some of the salient issues raised by Hon.
Modise, the Speaker of the National Assembly in her message of solidarity on behalf of the Parliament of the Republic of South Africa: • That the Parliament of the Republic of South Africa will continue to support the Pan African Parliament in its work to advance the interest of the people of Africa; • That South Africa supports the two state solution to resolve the conflict between Morocco and the people of Western Sahara; • That South Africa fully supports the right of the people of the Western Sahara in their quest for self-determination; • That the Pan African Parliament should embrace the long standing African Union’s principle of geographical rotation in electing its Members to leadership positions; 3 30 • Hon.
Modise also emphasised the importance of unity in ensuring the proper functioning of the PAP and that the principle of geographical rotation was an important linchpin for the achievement of unity; • Hon.

Modise reminded the Members of the Pan African Parliament that amongst others, the Pan African Parliament was formed to serve as voice and a platform for the peoples of Africa to participate fully in the decision making process.

3.
3.

ADDRESS BY THE GUEST OF HONOUR HIS EXCELLENCY PRESIDENT NANA AKUFO ADDO The Guest of Honour during the Opening Ceremony of the Fourth Ordinary Session of the Fifth Pan African Parliament was His Excellency President Nana Akufo Addo, President of the Republic of Ghana.
In his address to the Members of the Pan African Parliament, President Akufo Addo raised the following important issues: • That it is befitting and appropriate that the Pan African Parliament Seat is located in South Africa, a bedrock of democracy in the African Continent; • That Africa has high hopes for the growth of the PAP as a Continental Parliament which will serve as beacon of democracy in Africa; • That Parliament is a very important institution to exercise checks and balances in the executive and to provide voice to the voiceless; • That Parliament plays an important role in setting the tone for public discourse in the continent; • That the African Union Theme for 2021 is of significance important as it recognises African culture, customs and heritage as important instruments for the unity of the continent; • That we must intensify our resolve to retrieve our cultural treasurers in foreign countries which continue to benefit and make profit for those countries and not Africa where it was stolen; • That if we are to succeed in eradicating poverty, to accelerate sustainable development and to fight inequality, our best bet is unity; • That we must encourage South Africa, Rwanda and Nigeria to develop vaccines to fight Corona Virus pandemic; and • That the African Continental Free Trade Agreement will help the African Continent to make progress in improving the lives of the people as it will enable Member States to trade with one another instead of only trading with overseas countries.
4.

ACTIVITY REPORT OF THE PAN AFRICAN PARLIAMENT BY ACTING PRESIDENT OF THE PAP HON CHIEF FORTUNE CHARUMBIRA The Activity Report of the Pan African Parliament was presented by Hon.

Chief Charumbira, the Acting President of the PAP.

Hon.

Chief Charumbira reported on the activities which were undertaken by the Pan African Parliament since its last sitting in 2019 during the Third Ordinary Session.
4 31 The following are some of the activities that were undertaken by the PAP since its last sitting in May 2019: • The PAP Women’s Caucus partnered with the UNFPA to hold a virtual joint briefing on 10 September 2020 under the theme, “COVID 19 and Gender based violence: Parliamentary support to gender responsive COVID 19 National Plans”; • The PAP and the European Parliament held their Sixth Inter-Parliament virtual meeting to enhance partnership; • Hon Chief Charumbira also raised concerns about the slow rate of the ratification of • the PAP Protocol and its domestication (Malabo Protocol); Hon Chief Charumbira further reported that the PAP joined other Organs of the AU in commemorating the 4th African Anti-Corruption Day on 13 July 2020 which was held under the theme, “Sustaining the fight against corruption in Africa in the time of COVID 19 pandemic”; • The Activity Report also reported on the work and various programs that were undertaken by various PAP Committees during period under review.
The majority of comments and deliberations were appreciative of the work and activities undertaken by the PAP under difficult conditions of COVID 19 following discussions.

The Activity Report was adopted by the Plenary.

5.
5.

THE REFUSAL TO IMPLEMENT THE PRINCIPLE OF GEOGRAPHICAL ROTATION AND THE COLLAPSE OF THE FOURTH ORDINARY SESSION The Fourth Ordinary Session was adjourned prematurely on 01 June 2021 following sharp differences and disagreement between the Regions on the modalities and formula that was to be followed in electing the President of the PAP and Members of the Bureau.

The disagreement was largely between the Southern Africa Region and the Francophone Members of the West Africa Region.
The Southern Africa Region wanted the PAP to emulate the customary international law of geographical rotation which is practiced by the African Union and all its organs albeit the PAP in electing Member States and individuals to leadership positions.

However, the West African Region, in particular the Francophone countries, which are dominating in numbers in the PAP, were against the implementation of the principle of rotation.
They wanted an open contest which would allow all regions to contest and compete for the position of the President of the PAP.

The refusal to implement the principle of geographical rotation is in direct contradiction with the African Union, which has always implemented and practice the principle of geographical rotation as a catalyst for unity amongst the 5 regions of the African Continent.
Since the formation of the Pan African Parliament in 2004, the Southern Africa Region and North Africa Region are the only Regions that never had the opportunity to be the President of the PAP.

This is partly due to their small numbers.

The presidency of the PAP has been occupied as follows since its formation in 2004: 5 32 • The First President of the PAP was Hon.

Mrs. Gertrude Mongela, from the Republic of Tanzania (East Africa Region); • The Second President of the PAP was Hon.
Dr. Idriss Ndélé Moussa, from the Republic of Chad (Central Africa Region); • The Third President of the Pan African Parliament was Hon.

Bethel Amadi, from the Federal Republic of Nigeria (West Africa Region); • The Fourth President of the Pan African Parliament was Hon.

Roger Nkodo Dang, from the Republic of Cameroon (Central Africa Region); and • The Fifth President of the Pan African Parliament was again Hon.

Roger Nkodo Dang, from Cameroon (Central Africa Region).
Consequently, the Central Africa Region had occupied the presidency of the PAP for three terms while East and West Africa Regions have each occupied the position of the presidency of the PAP for one term.

Therefore, if the principle of geographical rotation was to be implemented by the Fourth Ordinary Session of the PAP, it is Southern Africa Region and North Africa Region that would have qualified to contest for this position.
In this regard, the North Africa Region had already indicated that they were not ready to occupy this position during this term, hence they supported the Southern Africa Region to take over as the President of the Pan African Parliament.
Despite the legal opinion which was a directive and an unequivocal instruction for the Pan African Parliament to implement the principle of geographical rotation in all structures of the PAP, the Francophone Members of the West African Region continuously undermined this directive by refusing to abide by this principle.
They even nominated a candidate from Mali, a country with no constitutional government or parliament due to the coup de ’tat that took place in 2020 to contest the presidency of the PAP on behalf of the Region.

This was despite Mali having been suspended by the ECOWAS, West Africa Regional Parliament following the coup.

A second coup in Mali took place while the Mali delegation was in South Africa to attend the Fourth Ordinary Session.
The African Union has since suspended Mali in all activities of the Union and its Organs following the second coup.

Due to failure of Members to reach consensus on the principle geographical rotation despite lengthy, vigorous, emotional and heated discussion, which at times resulted to physical confrontation, the Clerk of the PAP adjourned the Fourth Ordinary Session indefinitely until further notice.
In addition to this, the Chairperson of the African Union also issued a letter requesting the Session to be adjourned for a month, it is not clear when the Fourth Ordinary Session will be reconvened.

6.

CHAOTIC NATURE OF THE FOURTH ORDINARY SESSION The Fourth Ordinary Session of the PAP was chaotic from its opening to the end.
The chaos was intentionally generated by the Francophone speaking Members of Parliament who made several audacious attempts to collapse the session in order to prevent the implementation of the principle of rotation, which, if implemented, would have resulted in the election of the Southern Africa candidate as the President of the PAP.
When their attempts to collapse the Session did not succeed, the Francophone Members of Parliament resorted to physical confrontation, violent attacks and verbal 6 33 abuse directed to Members of Parliament from the Southern Africa Region.

In addition to the above, the Francophone Members of Parliament also resorted to blackmail and manipulation against South Africa as the Host country.

They threatened to move the PAP Headquarters to another country as they accused South Africa for siding with Zimbabwe.
It was clear from the beginning that the Francophone Members of Parliament had neither had interest nor intention to participate in the program of the Fourth Ordinary Session, but they only came to South Africa to vote for the Francophone speaking candidate as the President of the PAP at all cost.

They were not interested in the implementation of the principle of rotation, which is a linchpin of unity.
All they wanted to do was to use their numerical advantage to impose their dominance to other Regions even when it means destroying the PAP.

7.

RECOMMENDATIONS EMMANATING FROM THE REPORT 7.1.

Inadequacy of the current PAP Rules of Procedure The current PAP Rules of Procedure seems to be inadequate to deal with the current challenges in the PAP, in particular during the Plenary Sittings.
For instance, there is nothing in the Rules of Procedure which empowers the Members to move a vote of no confidence against the President and the Bureau Members who conduct themselves in an unacceptable manner.

There is no sanction against Members who disrupt other Members without following parliamentary procedure.

There is no sanction against Members who defy the orders and instructions of the presiding officers.
In the current Rules, a Member can just stand up and shout while the other Member is on the floor.

For instance, as alluded to earlier on, some Members, in particular those from the Francophone countries resorted to physical violence and verbal insult against those that they did not agree with, but nothing could be done against them in terms of the PAP Rules.

In the absence of adequate Rules of Procedure, all these seem to be normal.
On the basis the above gaps in the PAP Rules, it is recommended that the South African delegation should consider to make a submission in the next session to strengthen the PAP Rules of Procedure.

7.2.

The African Union’s failure to intervene during the chaotic Fourth Ordinary Session The Principle of Rotation is a well-established and fully implemented by the AU and many of its Organs except the PAP.
It is on the basis of the abovementioned understanding that the Southern Africa Region directly approached the AU Legal Department for legal opinion when it realised that other Regions, in particular the Central Africa Region and other Francophone Speaking countries were not willing to abide by this AU Principle.

The legal opinion was instructive as it directed the PAP to implement this principle not only in electing the President, but across all its structures.
Notwithstanding this directive, the Francophone Members of Parliament continued to defy the AU until they collapsed the Session.

Of concerning was the AU’s failure to 7 34 intervene despite the eruption of chaos and dangerous situation.

Considering the chaotic and dangerous situation that marred the Fourth Ordinary Session, it would have been prudent and appropriate for the AU to intervene by sending some officials to come to South Africa in order to clarity its position on the principle of rotation.
Had this been done, the Fourth Ordinary Session would have continued smoothly to the end.

On the basis of the above, it would be a step in the right direction if the AU can preside in the next session, in particular during the electoral process.

7.3.
Meeting between the South African Delegation to the PAP, DIRCO and Department of Public Works to discuss PAP matters There is an urgent need for the South African Delegation to the PAP to meet with DIRCO and the Department of Public Works to discuss the following important matters: • Progress made in reviewing the host country agreement, in particular the technical annexures to the Host Country Agreement; • Progress made in the ratification of the Malabo Protocol; and • Progress made in the building of the PAP Headquarters as per the provisions of the Host Country Agreement.
These issues are permanent features in the Plenaries of the PAP and some of them such as the lack of progress in reviewing the Host Country Agreement and the lack of progress in building the Headquarters of the PAP are used to attack South Africa’s credibility and to drive a negative narrative to move the PAP away from South Africa.
Therefore, the proposed meeting between the South African Delegation, DIRCO and the Department of Public Works will help to empower the South African Delegation to be able to respond in the Plenary when the need arises.

8 35 National Assembly 1.


The Speaker (a) Letter from the Minister of Communications and Digital Technologies dated 08 September 2021, to the Speaker of the National Assembly explaining the reasons for the delay in the submission of the Annual Report of the State Information Technology Agency for the year ended 31 March 2021.

REQUEST FOR AN EXTENSION FOR THE TABLING OF THE ANNUAL REPORT OF THE STATE INFORMATION TECHNOLOGY AGENCY (SITA) 1.
The Board of Directors of SITA has received communication from the office of the Auditor-General of South Africa (AGSA) advising them of delays on the sign-off of the SITA audit report for the year ended 31st March 2021 (copy hereto attached).

2.

Due to the above-mentioned delays, the Board of SITA may not be able to complete the applicable governance processes for the adoption of the Annual Report before the 30th September 2021 to enable tabling in the National Assembly.

3.
3.

I hereby request an extension to the tabling date for the SITA Annual Report to no later than 31st October 2021.

4.

We trust that our request will receive favourable consideration by the Speaker.

Further enquiries on this matter may be directed through Mr A Jonginamba.

Yours in service (signed) Khumbudzo Ntshavheni, MP Minister of Communications and Digital Technologies 36