Proceedings of the national assembly


WEDNESDAY, 10 DECEMBER 2014



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WEDNESDAY, 10 DECEMBER 2014
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Assent by President in respect of Bills


  1. Adjustments Appropriation Bill [B 10 – 2014] – Act No 37 of 2014 (assented to and signed by President on 9 December 2014).




  1. Division of Revenue Amendment Bill [B 11 – 2014] – Act No 38 of 2014 (assented to and signed by President on 9 December 2014).




  1. Legal Aid South Africa Bill [B 8B – 2014] – Act No 39 of 2014 (assented to and signed by President on 9 December 2014).




  1. Attorneys Amendment Bill [B 9B – 2014] – Act No 40 of 2014 (assented to and signed by President on 9 December 2014).


National Assembly

The Speaker
1. Referral of matters to Powers and Privileges Committee


  1. An unparliamentary remark by Ms B P Mabe of the African National Congress (ANC) in the National Assembly on Tuesday, 16 September 2014, the remainder of her speech and a personal explanation in terms of Rule 69(2) on Tuesday, 11 November 2014, have been referred to the Powers and Privileges Committee in terms of Rule 194 for consideration and report, together with the unrevised Hansard, minutes and video recordings of the proceedings in question.




  1. An unparliamentary remark by the Leader of the Opposition, Mr M Maimane, in the National Assembly on Thursday, 13 November 2014, and his subsequent conduct, have been referred to the Powers and Privileges Committee in terms of Rule 194 for consideration and report, together with the unrevised Hansard, minutes and video recordings of the proceedings in question.

(c) An unparliamentary remark by Mr M Waters of the Democratic Alliance (DA) in the National Assembly on Thursday, 13 November 2014, and his subsequent conduct, have been referred to the Powers and Privileges Committee in terms of Rule 194 for consideration and report, together with the unrevised Hansard, minutes and video recordings of the proceedings in question.




  1. Request for recommendation of candidates to fill vacancies on MDDA board




  1. A letter dated 9 December 2014 has been received from the President of the Republic –

  1. informing members of the Assembly that Media Development and Diversity Agency board member Dr René Alicia Smith had tendered her resignation in terms of section 6(1)(b) of the Media Development and Diversity Agency Act, 2002 (No 14 of 2002) and the term of office of Mr Phenyo Nonqane will expire on 13 January 2015 in terms of section 8(2) of the Act; and




  1. requesting the Assembly to commence with the process of recommending, in accordance with the principles set out in section 4(1)(b) of the Act, suitable candidates to fill these vacancies.

Referred to the Portfolio Committee on Communications for consideration and report.


3. Referral to Committees of papers tabled
(1) The following papers are referred to the Portfolio Committee on Public Works for consideration and report. The Report of the Auditor General on the Financial Statements and Performance Information is referred to the Committee on Public Accounts for consideration:

(a) Revised Report and Financial Statements of Vote 7 – Department of Public Works for 2013-14, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 7 for 2013-14 [RP333-2014].


(2) The following papers are referred to the Portfolio Committee on Public Service and Administration as well as Performance Monitoring and Evaluation for consideration and report:


  1. Report of the Public Service Commission (PSC): Guide on Governance Practice for Executive Authorities and Heads of Department – August 2014 [RP299-2014].




  1. Report of the Public Service Commission (PSC): Fact Sheet on Grievance Resolution 2012 13 – March 2014 [RP86-2014].




  1. Report of the Public Service Commission (PSC): Fact Sheet on the Assessment of Existing Hotlines in the Public Service – April 2013 [RP50-2014].




  1. Report of the Public Service Commission (PSC): Report on the Assessment of the Implementation of the Human Resource and Financial Management Delegations Frameworks – December 2013 [RP169-2014].




  1. Report of the Public Service Commission (PSC): Report on the Roundtable Discussions on the State of Human Resource, Grievance and Discipline Management in the Public Service – December 2013 [RP168-2014].

(3) The following paper is referred to the Portfolio Committee on Communications for consideration:


(a) Letter from the Minister of Communications dated 22 October 2014 to the Speaker of the National Assembly, explaining the reasons for the delay in the tabling of the Annual Report of the Media Development and Diversity Agency (MDDA) for 2013-14.
(4) The following papers are referred to the Portfolio Committee on Justice and Correctional Services:


  1. Proclamation No R.65, published in Government Gazette No 38020, dated 19 September 2014: Commencement of section 1 of the Criminal Procedure Amendment Act, 2008 (Act No 65 of 2008) in the magisterial districts of Phuthadithjaba and Witbank.




  1. Government Notice No R.738, published in Government Gazette No 38020, dated 19 September 2014: Designation of correctional facilities in terms of section 159B(2) of the Criminal Procedure Act, 1977 (Act No 51 of 1977).

  2. Government Notice No 780, published in Government Gazette No 38080, dated 10 October 2014: Declaration of certain persons as peace officers in terms of section 334 of the Criminal Procedure Act, 1977 (Act No 51 of 1977).




  1. Directives for officials with duties pertaining to the prevention and combating of trafficking in persons and the manner in which such cases must be dealt with, issued by the Director-General of the Department of Justice and Constitutional Development in terms of section 44(1)(b) of the Prevention and Combating of Trafficking in Persons Act, 2013 (No 7 of 2013) after consultation with the relevant entities and submitted to Parliament on 4 December 2014.




  1. Government Notice No R.840, published in Government Gazette No 38139, dated 29 October 2014: Amendment of Government Notice No R941 of 10 November 2011 pertaining to the designation of a correctional facility in terms of section 159B(2) of the Criminal Procedure Act, 1977 (Act No 51 of 1977).

(5) The following papers are referred to the Portfolio Committee on Communications for consideration and report. The Report of the Auditor-General on the Financial Statements and Performance Information is referred to the Committee on Public Accounts for consideration:




  1. Report and Financial Statements of the Media Development and Diversity Agency (MDDA) for 2013-14, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2013-14.

(6) The following papers are referred to the Portfolio Committee on Justice and Correctional Services for consideration and report. The Report of the Independent Auditors on the Financial Statements and Performance Information is referred to the Committee on Public Accounts for consideration:




  1. Draft regulations for approval by Parliament, submitted on 24 October 2014 in terms of section 43(4) of the Prevention and Combating of Trafficking in Persons Act, 2013 (No 7 of 2013).




  1. Amended Annual Performance Plan of the National Prosecuting Authority (NPA) for 2014 - 2015.




  1. Report and Financial Statements of the Council for Debt Collectors for 2012 13, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2012 13.

(7) The following paper is referred to the Portfolio Committee on Human Settlements:


(a) Annual Performance Plan of the Community Schemes Ombud Service (CSOS) for 2014 2015.
(b) Report on a ministerial enquiry into the eviction of the Nomzamo (Lwandle) informal settlement, tabled in terms of Rule 106(4) after an executive statement in the Assembly on 23 October 2014.
(8) The following paper is referred to the Portfolio Committee on Environmental Affairs:
(a) General Notice No 777, published in Government Gazette No 37984, dated 8 September 2014: Publication of the Draft EIA Guideline for Renewable Energy Projects for public comment in terms of section 24J the National Environmental Management Act, 1998 (Act No 107 of 1998).
(9) The following papers are referred to the Standing Committee on Finance:
(a) Report to Parliament on the over- and underspending of municipalities as at 30 June 2014.
(b) Government Notice No R600, published in Government Gazette No 37890, dated 8 August 2014: Amendment of rules (DAR/140) in terms of section 120 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(c) Government Notice No 636, published in Government Gazette No 37915, dated 22 August 2014: Exemption of Zastrovect Investment Proprietary Limited from certain provisions in terms of section 92 of the Public Finance Management Act, 1999 (Act No 1 of 1999).
(d) Government Notice No R632, published in Government Gazette No 37916, dated 22 August 2014: Amendment of Part 1 of Schedule No 1 (No 1/1/1493) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(e) Government Notice No R633, published in Government Gazette No 37916, dated 22 August 2014: Amendment of Part 1 of Schedule No 1 (No 1/1/1494) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(f) Government Notice No R639, published in Government Gazette No 36780, dated 30 August 2014: Amendment of rules (DAR/125) in terms of section 19A and section 120 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(g) Government Notice No R640, published in Government Gazette No 36780, dated 30 August 2014: Amendment of Part 1 of Schedule No 1 (No 1/1/1494) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(h) Government Notice No R659, published in Government Gazette No 37959, dated 5 September 2014: Amendment of Schedule No 1 (No 1/1/1495) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(i) Government Notice No R667, published in Government Gazette No 37959, dated 5 September 2014: Determination of amounts for purposes of the Military Pensions Act in terms of sections 1 and 5, read with section 3(2), of the Military Pensions Act, 1976 (Act No 84 of 1976).
(j) Government Notice No 707, published in Government Gazette No 37979, dated 12 September 2014: Exemption of the Centre for Public Service Innovation from certain provisions in terms of section 92 of the Public Finance Management Act, 1999 (Act No 1 of 1999).
(k) Government Notice No 708, published in Government Gazette No 37979, dated 12 September 2014: Exemption of the Municipal Infrastructure Support Agency from certain provisions in terms of section 92 of the Public Finance Management Act, 1999 (Act No 1 of 1999).
(l) Government Notice No R743, published in Government Gazette No 38027, dated 26 September 2014: Amendment of Part 1 of Schedule No 1 (No 1/1/1496) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(m) Government Notice No R771, published in Government Gazette No 38052, dated 3 October 2014: Amendment of Part 1of Schedule No 1 (No 1/1/1498) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(n) Government Notice No R774, published in Government Gazette No 38060, dated 10 October 2014: Amendment of Part 1 of Schedule No 1 (No 1/1/1499) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(o) Government Notice No R781, published in Government Gazette No 38082, dated 10 October 2014: Amendment of Part 1 of Schedule No 1 (No 1/1/1500) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(10) The following papers are referred to the Portfolio Committee on Tourism:
(a) Memorandum of Understanding between the Republic of South Africa and the United Mexican States on Cooperation in the Field of Tourism, tabled in terms of section 231(3) of the Constitution, 1996.
(b) Explanatory Memorandum on the Memorandum of Understanding between the Republic of South Africa and the United Mexican States on Cooperation in the Field of Tourism.
(11) The following papers are referred to the Portfolio Committee on Defence and Military Veterans for consideration and report. The Report of the Auditor-General on the Financial Statements and Performance Information is referred to the Committee on Public Accounts for consideration:
(a) Report and Financial Statements of Vote 22 – Department of Military Veterans for 2013 14, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2013-14 [RP142 2014].
(12) The following paper is referred to the Portfolio Committee on Women in The Presidency:
(a) Report of the Commission for Gender Equality (CGE) on Measuring South Africa’s Progress under Convention on the Elimination of all Forms of Discrimination Against Women (Cedaw) for 2013.
(13) The following papers are referred to the Standing Committee on Finance for consideration and report. The Report of the Auditor-General on the Financial Statements and Performance Information is referred to the Committee on Public Accounts for consideration:
(a) Report and Financial Statements of the Reconstruction and Development Programme Fund for 2013 14, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2013 14.
(b) National Treasury – Consolidated Financial Information for the year ended 31 March 2014.
(14) The following paper is referred to the Portfolio Committee on Science and Technology:
(a) Letter dated 31 October 2014 from the Minister of Science and Technology, submitting to the National Assembly a report in terms of section 6(1)) of the National Research Foundation Act, 1998 (No 23 of 1998) on the appointment and reappointment of members of the board of the National Research Foundation with effect from 1 October 2014.
(15) The following paper is referred to the Portfolio Committee on Police:
(a) Half Yearly Report for 2014 (1 April – 30 September 2014) of the Independent Police Investigative Directorate, tabled in terms of section 9(n) of the Independent Police Investigative Directorate Act, 2011 (Act No 1 of 2011).
(16) The following papers are referred to the Portfolio Committee on Rural Development and Land Reform:

(a) Report of the Communal Property Associations for 2012-2013, tabled in terms of section 17 of the Communal Property Associations Act, 1996 (Act No 28 of 1996).


(b) Report of the Communal Property Associations for 2013-2014, tabled in terms of section 17 of the Communal Property Associations Act, 1996 (Act No 28 of 1996).
(17) The following papers are referred to the Portfolio Committee on Labour for consideration and report:
(a) Revised Strategic Plan of the Department of Labour for 2014 2019 [RP317 2014].
(b) Revised Annual Performance Plan of the Department of Labour for 2014 2015 [RP318 2014].
(18) The following paper is referred to the Portfolio Committee on Transport for consideration and report:
(a) Revised Annual Performance Plan of the Department of Transport for 2014 15 – 2016 17.
(19) The following paper is referred to Portfolio Committee on Cooperative Governance and Traditional Affairs:
(a) Report of the Auditor-General: Consolidated General Report on National and Provincial Audit Outcomes for 2013 14 [RP323 2014].
(20) The following paper is referred to the Joint Standing Committee on Defence for consideration:
(a) 2014 Third Quarterly Report of the National Conventional Arms Control Committee (NCACC), tabled in terms of section 23(1)(c) of the National Conventional Arms Control Act, 2002 (Act No 41 of 2002).
(21) The following paper is referred to the Portfolio Committee on Cooperative Governance and Traditional Affairs for consideration and report:
(a) Petition from residents of Mookgopong, Limpopo, requesting improved delivery of municipal services, submitted in terms of Rule 312 (Ms D van der Walt).
(22) The following paper is referred to the Portfolio Committee on Basic Education for consideration and report:
(a) Petition from 31 church and school representatives of Graaff-Reinet, calling for relief in respect of various matters pertaining to the provision of qualify education, submitted in terms of Rule 312 (Ms A T Lovemore).
(23) The following paper is referred to the Portfolio Committee on Water for consideration and report:
(a) Petition from residents of Tsakane, Sunnyridge, Symhurst, Bedfordview, Primrose and Gerdview, calling for an investigation into the causes of the water crisis in Gauteng, submitted in terms of Rule 312 (Mr M Waters).
(24) The following papers are referred to the Portfolio Committee on Trade and Industry:


  1. Government Notice No 687, published in Government Gazette No 37958, dated 5 September 2014: Amendment to the Compulsory Specification for Motor Vehicles of Category N1 in terms of section 13(1)(a) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).




  1. Government Notice No 688, published in Government Gazette No 37958, dated 5 September 2014: Amendment to the Compulsory Specification for Motor Vehicles of Category M1 in terms of section 13(1)(a) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).




  1. Government Notice No R. 668, published in Government Gazette No 37959, dated 5 September 2014: Amendment to the regulations relating to gazetting of levy periods in terms of section 36 of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).

  2. General Notice No 845, published in Government Gazette No 38043, dated 1 October 2014: Draft National Lotteries Amendment Regulations 2014 and regulations relating to the allocation of money in the National Lottery Distribution Trust Fund published for public comment in terms of sections 32(3) and 60 of the National Lotteries Act, 1997.




  1. General Notice No 849, published in Government Gazette No 38057, dated 3 October 2014: Application for exemption from the regulations of the Housing Development Schemes for Retired Persons Act, 1988 (Act No 65 of 1988) published for public comment.




  1. General Notice No 850, published in Government Gazette No 38058, dated 3 October 2014: Draft Consumer Goods and Services Sector Code of Conduct published for public comment in terms of section 120(2)(a) of the Consumer Protection Act, 2008 (Act No 68 of 2008).




  1. General Notice No 876, published in Government Gazette No 38076, dated 10 October 2014: Amended Broad-Based Black Economic Empowerment Codes of Good Practice published for public comment in terms of section 9 of the Broad-Based Black Economic Empowerment Amendment Act, 2013.




  1. Government Notice No 802, published in Government Gazette No 38088, dated 17 October 2014: Proposed amendment to the Compulsory Specifications for Replacement Brake Lining Assemblies for Road Vehicles (VC 8025) in terms of section 13(4) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).




  1. Government Notice No 803, published in Government Gazette No 38088, dated 17 October 2014: Amendment of the Compulsory Specification for frozen shrimps (prawns), langoustines and crabs and products derived from them (VC 8031) in terms of section 13(4) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).




  1. Government Notice No 804, published in Government Gazette No 38088, dated 17 October 2014: Proposed amendment to the Compulsory Specification for Motor Vehicles of Category N2/3 (VC 8025) in terms of section 13(4) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).




  1. Government Notice No 805, published in Government Gazette No 38088, dated 17 October 2014: Proposed amendment to the Compulsory Specification for Small Arms Shooting Ranges (VC 9088) in terms of section 13(4) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).




  1. Government Notice No R791, published in Government Gazette No 38089, dated 17 October 2014: Amendment to regulations relating to the payment of levy and fees with regard to compulsory specification in terms of section 14(3)(b) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).




  1. Government Notice No R807, published in Government Gazette No 38089, dated 17 October 2014: Amendment to the regulations relating to the tariff of fees charged by the National Regulator for Compulsory Specifications for services rendered in terms of sections 18(8) and 22(1) of the Trade Metrology Act, 1973 (Act No 77 of 2008).




  1. Government Notice No 817, published in Government Gazette No 38107, dated 17 October 2014: Prescription of the South African Automotive Industry Code and Accreditation of the Alternative Dispute Resolution Scheme administered by the Motor Industry Ombud of South Africa as an accredited industry ombud in terms of section 82 of the Consumer Protection Act, 2008 (Act No 68 of 2008).

  2. Proclamation No 72, published in Government Gazette No 38126, dated 24 October 2014: Commencement of the Broad-Based Black Economic Empowerment Amendment Act, 2013 (Act No 46 of 2013) in terms of section 10(2) of the Act.




  1. Government Notice No 834, published in Government Gazette No 38128, dated 31 October 2014: Compulsory specifications for electronic luminaires (VC 9012) in terms of section 13(4) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).




  1. Government Notice No 835, published in Government Gazette No 38128, dated 31 October 2014: Amendment to the Compulsory Specification for Electrical and Electronic Apparatus (VC 8055) in terms of section 13(1)(a) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).




  1. Government Notice No 836, published in Government Gazette No 38128, dated 31 October 2014: Proposed amendment to the Compulsory Specification Motor Vehicles of Category M2/3 (VC 8023) in terms of section 13(4) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).




  1. General Notice No 1001, published in Government Gazette No 38202, dated 12 November 2014: Extension of period for public comment on amended Broad-Based Black Economic Empowerment Codes of Good Practice in terms of the Broad-Based Black Economic Empowerment Amendment Act, 2013.



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