THURSDAY, 24 NOVEMBER 2016

[No. 25/2016] THIRD SESSION, FIFTH LEGISLATURE

KWAZULU-NATAL LEGISLATURE

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MINUTES OF PROCEEDINGS

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Thursday, 24 NOVEMBER 2016

The House met at 10h04.

1. 10h05 Members conducted a silent prayer.

2. 10h06 The Speaker made announcements.

3. 10h08 The Speaker read into the record the tabling of the Oversight Report of the Portfolio Committee on Arts and Culture.

4. 10h09 The following Reports were tabled:

4.1 Ms Y M Nahara tabled the Report of the Portfolio Committee on Social Development on the Final Mandate of the Children’s Second Amendment Bill [B14B-2015] in terms of Rule 243 of the Standing Rules;

4.2 Mr S C Nkosi tabled the Report of the Portfolio Committee on Finance on the 2016/17 Mid-Year Budget Performance Hearings;

4.3 Ms N N Boyce tabled the Report of the Standing Committee on Oversight on the 2016/17 Legislature Mid-Term Report; and

4.4 Ms B F Scott tabled the KZN Provincial Economic Review and Outlook 2016/17.

5. 10h11 The following Members gave notice of their intention to move

motions on the next sitting day of the House:

5.1 Ms N Dube-Ncube, ANC, to move:

This House notes:

The ongoing back-to-basics programme which aims to improve service delivery, good governance, sound financial management, public participation and capacity building in KwaZulu-Natal municipalities.

This House therefore resolves:

To applaud the commitment of the Department of Co-operative Governance and Traditional Affairs to this programme which is yielding positive results in all targeted municipalities across the province; and

To call on all municipalities to use the new term of local government as a fresh start to rekindle their commitment to the five pillars of the back-to-basics programme.

5.2 Mr S J Gcabashe, ANC, to move:

This House notes:

The DA’s double standards when dealing with issues regarded by them as matters of public importance when they are referred to or alleged to be improper practices by the ÄNC or democratic government; and

The DA and its members’ silence in response to recent reports of two white men who forced a certain Mr Mlotshwa into a coffin alive.

This House therefore resolves:

To call on the DA to come clean on why it missed such an important opportunity to voice its views and feelings about this barbaric and racist act. The DA is so quiet because the perpetrators are white.

5.3 Ms L X H Hlongwa-Madlala, ANC, to move:

Le Ndlu iqaphela:

Ubunyoka nobuxoki be-EFF ehamba ithi ivikela uMthethosisekelo ngokuhamba icokofula uMongameli weZwe nonguMongameli kaKhongolose; noma esefikile ePhalamende ukuzophendula imibuzo, akade bethi uyayibalekela.

Ukuthi lobu bumpigogo abuhambi nje nokuzibophezela kwe EFF ekulweleni izimpilo zalabo abacindezelwe ngabamhlophe.

Ngakho-ke le Ndlu inquma kanje:

Ukwexwayisa i-EFF ngalobu bunuku bepolitiki obungase bufake izwe lethu emanyaleni empi engasidingo. Nokwexwayisa i-EFF ukuthi ingadlaleli kuMongameli kaKhongolose ngoba sizomvikela koskhwiliphambana.

[This House notes:

The hypocrisy and dishonesty of the EFF who goes around, saying that they defend the Constitution; yet they poke fun at the President of the ANC and the country, even when the President is in Parliament to attend question and answer sessions, which they claim he has been avoiding;

This grandstanding is a direct contravention of the EFF’s commitment to fighting for those who had been oppressed by white people.

This House therefore resolves:

To warn that the EFF’s political clumsiness may plunge our country into an unnecessary civil war; and

To warn the EFF to refrain from taunting the President because we will defend him from them.]

5.4 Mr G Mari, DA, to move:

This House notes:

The stand-off between eThekwini Municipality and the Department of Human Settlements on the rectification of severely structurally defective flats in Phoenix;

eThekwini Municipality alleging that it has not been paid money owed to it and that allocated funds for rectification are being withheld;

MEC Pillay has said in response to a question that work would commence in January 2017;

However, eThekwini Municipality refuses to commence work unless they are paid.

This House therefore resolves:

To call on MEC Pillay to immediately pay monies owed to eThekwini to unblock the project. Pay back the money!

5.5 Mr M B Gwala, IFP, to move:

This House notes:

The disunity within ANC ranks, clearly evidenced by a faction of the ANC taking the current leadership to court regarding irregularities during their provincial leadership elections; and

Today’s copy of The Mercury depicting a large protest outside the High Court yesterday, and reporting that the crowd acted on behalf of 40% of the structures calling for the current leadership’s dismissal.

This House therefore resolves:

To call on ANC members to turn their backs on the ANC and return to the IFP, because a divided House cannot stand.

5.6 Mr E M Zungu, NFP, to move:

This House notes:

Our country and our province are facing a crisis of people who sell illegal drivers’ licenses which has an impact on road safety as there are illegal drivers on our roads; and

The Road Traffic Management Corporation has had officials at Mooi River Drivers’ Testing Centre arrested for selling licenses fraudulently.

This House therefore resolves:

To encourage the Road Traffic Management Corporation to continue these investigations as it has already indicated that other arrests throughout the province are imminent; and

To send a clear message of zero tolerance to corruption to everyone in our province.

5.7 Mr A V Khoza, EFF, to move:

This House notes:

The capitalist gimmick of parasitic big business which dubbed this coming Friday “Black Friday”; and

That the main sponsors of this event are retailers who stand to benefit the most.

This House therefore resolves:

To warn our people against this scam which is designed to rip them off and drown them in debt.

To warn those unscrupulous so-called businesses and malls to desist from robbing our people through these unethical and immoral schemes; and

To call on our people to reject this “Black Friday” Satanism.

5.8 Ms S Thakur-Rajbansi, MF, to move:

This House notes:

That the recently launched King IV Code of Ethics offers leaders an invaluable guide on how to govern ethically; and

That all private and public entities can now access the King IV Code of Ethics.

This House therefore resolves:

To call on all government departments and entities to encourage and embrace unconditionally and completely the 16 principles which embody the universal ideals that are fundamental to good corporate governance, with recommended practices.

5.9 Ms Z M Ludidi, ANC, to move:

Le Ndlu iyalinaka:

Izinga eliphezulu lokubulawa kobhejane eziqiwini ezingamelwe yi-KZN Wildlife. Lokhu kukuveza ngokusobala ukuthi kunako ukwenza nesandla esinoboya. Lokhu kungenza ukuthi kukhona abangaphakathi abahlangana nabangaphandle.

Ngakho-ke le Ndlu inquma kanje:

Emizamweni yokuvikela zonke lezi khungo kuyoba kuhle ukuthi –

- zisuswe izinkampani ezizimele eziqapha amasango neminye imisebenzana emincane kulezi zikhungo;

- bonke abasebenzi bakwa KZN Wildlife abahlungwe kabusha wuMnyango wobuNhloli (SSA) ukuba bakulungele yini ukuba kulezikhungo.

- Sicele ne-DA ukuba imashele abelungu abango ngqondongqondo abangemuva ekufeni kobhejane.

[This House notes:

The high number of incidents of rhino poaching in game reserves under the control of KZN Wildlife. This is a clear indication that there is a third force at play here. There is a possibility that there are people on the inside who are colluding with outsiders.

This House therefore resolves:

To do the following to protect all game reserves:

To remove all private companies who guard the gates and do small handyman jobs at these reserves;

To call for all employees of KZN Wildlife to be re-vetted by the Department of State Security to verity their fitness to work at these reserves;

To call on the DA to stage a protest march against white people who are the masterminds behind the killing of rhinos.]

5.10 Mr M Ntuli, ANC, to move:

This House notes:

The persistent rain which is often accompanied by destructive lightning strikes across the province.

This House therefore resolves:

To commend the efforts of the Department of Co-operative Governance and Traditional Affairs in providing emergency relief to families affected by lightning strikes by providing them with lightning rods for the protection of entire communities where lightning strikes have occurred; and

To urge members of the public to purchase lightning rods as an effective preventative measure for their own protection against lightning strikes.

5.11 Ms N Simelane-Zulu, ANC, to move:

This House notes:

The significant investments that have been made by the Department of Co-operative Governance and Traditional Affairs (Cogta) in ensuring that all small towns in the province receive support in order to grow their economies and create jobs.

This House therefore resolves:

To commend Cogta’s investment of R5 million in building a youth enterprise park at Msunduzi to provide vital infrastructure for youth-owned SMMEs, as well as another R5 million towards renovating Manayi Hall, which is a significant site for the country as it is the venue where former President Nelson Mandela last spoke before being arrested by the apartheid police in 1962.

5.12 Ms A M McDonnell, DA, to move:

This House notes:

The poor service endemic at Maintenance Courts;

The underfunding of Maintenance Courts which perpetuates inequality and undermines women’s rights in South Africa; and

It is for this reason that the Democratic Alliance Women’s Network is today picketing the Department of Justice and Constitutional Development.

This House therefore resolves:

To join the Democratic Alliance Women’s Network in lobbying for adequate funding for this vital service to prevent the further abuse of women and children who are trying to access maintenance.

5.13 Mr S Moodley, IFP, to move:

This House notes:

That, as marking of NSC examinations is due to begin shortly, there should be heightened vigilance at marking centres in KwaZulu-Natal – personnel tasked with this responsibility should meet the required criteria and no unauthorised persons should be allowed inside these centres.

This House therefore resolves:

To call on the MEC for Education and all officials to ensure the integrity of the marking process through close working relations with Umalusi;

To call for stricter security measures at marking centres; and

To call for an unconditional commitment by stakeholders so that the marking of learners’ scripts is not marred by controversy and irregularities.

5.14 Mr V Ndlovu, EFF, to move:

Le Ndlu:

Incoma isinqumo se-EFF sokungayi ePhalamende ukuyolalela u-President Zuma.

[Commends the EFF’s decision to boycott President Zuma’s question and answer session in Parliament.]

We do not recognise Zuma who has violated his oath of office countless times and continues to steal from the public purse, as has been found by the Public Protector;

He is the fugitive and the EFF will not give legitimacy to such a character.

Keeping quiet when corruption is being committed makes one equally guilty of the act.

This House therefore resolves:

To continue mobilising society to reject Zuma and fight for him to step down; and

To protect the South African Parliament from people like President Zuma.

5.15 Ms M M Ntuli, ANC, to move:

Le Ndlu inaka:

Ithalente elinesomiso lokuhaya izinkondlo njengoba laziwa ngokuhambisa imiyalezo enhlobonhlobo.

Ngaleli thalente sikhumbula abantu abanjengo Prof. Mazisi Kunene ongasekho owakwazi ukungena emazweni omhlaba ngesikhathi sobandlululo enyakazisa labo ababexhase ukulwisana nobandlululo ukuba baqine idolo baqhubekele phambili. Siyohlala simkhumbula okaKunene ngeqhaza lakhe; akalale ngoxolo wakulwa ukulwa okuhle.

Ngakho-ke le Ndlu inquma kanje:

Ukuba uMnyango ka-Arts and Culture no Education balilandelele leli thalente njengoba laziwa ngephimbo lalo eleqa izintaba liwele imifula ngisho nezilwandle uqobo ukuba ezikoleni abafundi balilandele.

[This House notes:

The dearth of talented poets who are well known for conveying a variety of messages;

This talent reminds us of a person like the late Prof Mazisi Kunene who managed to travel to other countries during apartheid, urging those who were supporting the fight against apartheid to stand firm and carry on with their support. We will always remember Prof Kunene for his role. May his soul rest in peace; he fought a good fight.

This House therefore resolves:

To call on the Departments of Arts and Culture and of Education to revive this talent which is known for its voice that transcends mountains, crosses rivers and even oceans, so that learners can pursue it at schools.]

5.16 Ms D D Dlamini, ANC, to move:

Le Ndlu:

Ibonga izimvula eziqhubekayo lapha esiFundazweni sethu saKwaZulu-Natali ngokulekelela iminyango ethintekayo –WezoLimo noka-COGTA ngemizamo yayo yokulwisana nesimo esikhungethe.

Ngakho-ke le Ndlu inquma kanje:

Ukonga amanzi emvula ngezindlela ezahlukene kungaba yindlela yo-Jojo Tank, eyeziphethu ezidalwa izimvula kanye nokunye.

[This House:

Is grateful for the rains that continue to fall in our Province of KwaZulu-Natal because it will assist the Departments of Agriculture and Cogta in their efforts to fight against the drought that we are facing.

This House therefore resolves:

To call on people to implement any measures to save water, either through JoJo tanks, water springs (as a result of the rains) or in any other way they can.]

5.17 Ms M Ntuli, DA, to move:

This House notes:

The shocking findings detailed in the Jobs-For-Cash Report that was tabled yesterday by the Portfolio Committee on Education (National Parliament); and

That the findings showed clear evidence that six out of the nine provinces are under the control of SADTU, with KwaZulu-Natal being the most affected province.

This House therefore resolves:

To call on MEC Dlungwane to show more courage than his national counterpart, Minister Motshega; and

While recognising the importance of organised labour, to call on the MEC to deal decisively with those found guilty of wrongdoing in our province.

5.18 Ms N R Majola, ANC, to move:

This motion was ruled out of order as it had exceeded the maximum length of 100 words, as laid down by Rule 94 (1) of the Standing Rules of the KwaZulu-Natal Legislature.

5.19 Dr I Keeka, DA, to move:

This House notes:

The MEC for Cogta confirmed during a recent visit to Newcastle that members of the previous council, many of whom are serving still, will not be investigated for the financial costs Newcastle has run up;

Her decision is irresponsible and contravenes section 32 of the MFMA.