Madam Deputy Speaker, I move:
That the House-
1) notes-
a) the possible convening in the near future of a Ministerial meeting aimed at reaching agreement on modalities on the main subjects on the agenda of the World Trade Organisation, WTO, Doha Round negotiations; and
b) that the Doha Round is mandated to "place the needs and interests of developing countries at the heart of its work programme";
2) further noting that-
( South Africa is particularly vulnerable in the industrial tariff (Non-Agricultural Market Access or Nama) negotiations because of the historical injustice that led to our country being classified as a developed country in the Uruguay Round negotiations;
(b) this means that South Africa's, and Sacu's, bound industrial tariffs are uniquely lower than would otherwise be the case, and that the application of a Swiss formula with low coefficients would therefore result in deep cuts in applied industrial tariffs on a scale greater than commitments that would be made by other WTO members in either Nama or agriculture; and
(c) in recognition of this, the Chair of the Nama negotiating group has proposed that South Africa be given additional flexibilities allowing an extra one to six per cent of tariff lines to be cut by less than the full formula cut;
3) calls on our negotiators and WTO members in general to ensure -
(a) a balanced, fair and developmental outcome to the negotiations;
(b) the recognition that agriculture is the locomotive of the Round and that agriculture remains the sector most distorted to the disadvantage of developing countries, and that these distortions continue to impede an adequate production response to the current global food crisis and that therefore the commitments undertaken by developed countries in cutting export and production subsidies as well as providing new agricultural market access to developing countries will set the level of ambition of the round as a whole;
(c) comparability between the level of ambition in agriculture and Nama and respect for the principle of less than full reciprocity in reduction commitments made by developed and developing countries;
(d) a fair and reasonable set of obligations for developing countries taking formula cuts in NAMA that ensures that they retain policy space to promote industrial development; and
(e) adequate recognition for the specific situation of South Africa and Sacu, meaning -
i) a reasonable coefficient that gives effect to the principle of less than full reciprocity in reduction commitments; and
ii) additional flexibilities meaning that no less than an additional six per cent of tariff lines will be subject to less than the full formula cut to take account of the effects of South Africa's classification as a developed country in the Uruguay Round and the fact that its obligations will apply to all members of the customs union, Sacu, that includes three Small Vulnerable Economies and a Least Developed Country that would otherwise not be obliged to take formula cuts.
Agreed to.
Consideration of request for approval of candidates recommended for appointment to council of independent communications authority of South Africa
The question before the House is that Mr F K Sibanda, Ms N Batyi and Mr T Makhakhe be approved for appointment as councillors to fill vacancies on the Council of the Independent Communications Authority of South Africa.
There was no debate.
Mr F K Sibanda, Ms N Batyi and Mr T Makhakhe were accordingly approved for appointment as councillors to fill vacancies on the Council of the Independent Communications Authority of South Africa.
Question agreed to.
Consideration of legislative proposal to amend the broadcasting Act submitted by the portfolio committee on communications
Deputy Speaker, it is my pleasure to introduce this memorandum which aims to amend the Broadcasting Act, Act No 4 of 1999. The proposed committee Bill seeks to insert provisions in the Broadcasting Act which will allow for the removal of a member of the SABC Board by the President on the recommendation of the National Assembly and for the dissolution of the SABC Board itself, should it be necessary.
The rationale for this Bill can best be understood against the background of the recent unsatisfactory state of affairs at the SABC. The dysfunctionality of the board and the persistent conflicts between the board and the executive management have severely tarnished the image and reputation of the corporation in the eyes of the public.
The current Broadcasting Act has weaknesses in that it does not have an enabling mechanism either for the President of the country or the National Assembly to intervene when things go seriously wrong at the SABC.
The hon Minister of Communications pinpointed the problem in her recent budget speech when she said:
It is evident that both the executive and Parliament will have to review the legislative and appointing processes to ascertain whether this legislation, drawn up at a particular historical time, is relevant for our current historical conjuncture.
She added that -
The powers given to the appointing authority, the processes of appointing and removing board members, the Public Broadcaster's Charter, and the role of the executive and/or Parliament, clearly need reviewing, without sacrificing the broadcaster's independence but clarifying the nature, content and form of that independence.
She then invited the Portfolio Committee on Communications to look into this matter. The committee has taken up the invitation by the Minister to review the Broadcasting Act. It is with this in mind that the committee desires to introduce a committee Bill on the issue.
We trust that this House will grant permission to the committee to proceed with this matter today. Should that be the case, the committee will publish a Bill shortly, invite public comment on it and hold public hearings before considering and finalising the amendments.
The committee wishes to reassure the House that in spite of the limited time available in the next session of Parliament, a fully transparent and participative approach will be adopted when finalising the proposed amendments. The committee therefore strongly recommends that the National Assembly grants it permission to introduce a committee Bill. Thank you. [Applause.]
Deputy Speaker, I move:
That the House gives its permission for the legislative proposal to be proceeded with.
Madam Deputy Speaker, the IFP would like to make a declaration and call for a division on this issue.
The IFP is allowed to make a declaration.
Declarations:
Thank you very much, Madam Deputy Speaker. On a point of process, the IFP is very unhappy about the way in which this matter has been dealt with. I was called out of another meeting on Tuesday, just before lunch, to attend a meeting because there was no quorum. The reason obviously was that the member representing my party wasn't there.
The items on the agenda that had been sent out did not include this issue at all. There was no mention of this matter on the agenda and therefore opposition parties obviously did not see it as essential to be there; the matters that were on the agenda were purely to look at the programme for the next term.
I raised this issue when this matter was put. I could see the concerns, but I believe there has been undue haste here. I don't believe that it is that necessary to try and push this thing in this manner.
I requested an opportunity for parties to look at this, to consider it and to come back. I don't see any reason why this cannot be dealt with at a later stage; and on this basis the IFP cannot support the matter. We cannot support this process and we ask for a division to be called.
Madam Speaker, the ANC has never bothered to explain its unhappiness with the three SABC board members, imposed on them by Luthuli House pre-Polokwane, which turned into a concerted and shameful attack against the whole board, nine of whom they chose.
Their attempt to ambush the board and pass a motion of no confidence failed. They are now using a proposal which I made to them when their party first started to exert pressure on them, post-Polokwane, with regard to the three imposed persons. I suggested that we should introduce legislation in order to amend the Act's removal provision.
The Act uses the Chapter 9 institutions' appointment mechanism - because independence is important - and it should, in fact, give Parliament a commensurate role in removal, as for the Chapter 9 ones.
I see from the draft Bill that the ANC has taken another lesson from me, and that is that there has to be grounds for removal, misconduct, incapacity and so forth. Removal cannot be arbitrary, because the process is then open to political abuse.
However, from that point onwards this proposal deteriorates and becomes unacceptable. Why should the dissolution of an entire independent body be contemplated? Is it conceivable that an entire body of eminent persons would be found one by one to be incapacitated? That is certainly not what is going on at the SABC, and that is not the purpose of this amendment. The purpose is a political purge.
And the proposal for an interim board is a dead giveaway. Mr Dali Mpofu and the chief financial officer and the chief operating officer are to form the interim board, in terms of the draft Bill. They are to be joined by four persons appointed - wait for it - directly by the President. But that was the problem to begin with! It is contrary to the Broadcasting Act to allow the executive a direct role. Yet, now we are being asked to legislate on the exact thing that caused the unhappiness in the first place because power has passed to different hands.
I would say that we should refer this memorandum back under Rule 238 (3) for reconsideration of the dissolution and the interim board provisions, if I had any hope of sense prevailing - I do not. That committee is not capable, with respect, of due process and I suggest that the House should refuse the permission. [Applause.]
Any other party wishing to make a declaration? None. I am looking at Rule 84, Mrs Seaton, that you need at least four members and I saw there are three of you; no, now I see two others.
Well, hon members, there were objections and therefore we need to put the question fully. I now put the question. Those in favour shall say aye.
Aye!
Those against will say no.
No!
I think the ayes have it.
Motion agreed to.
I called for a division.
I know that, but we have a procedure. I have to note the objection of the DA and that of the IFP.
Division demanded.
Order! Hon members, just for your information, the Youth Parliament is in session and we have deployed a lot of Members of Parliament to those commissions. We had to allow time for them to come back from 90 Plein Street and from all over where they were. [Interjections.]
[Inaudible.]
Yes, there are also deployees from the DA.
House divided:
AYES - 156: Abram, S; Anthony, T G; Baloyi, M R; Bloem, D V; Bogopane- Zulu, H I; Botha, N G W; Burgess, C V; Cachalia, I M; Carrim, Y I; Combrinck, J J; Cronin, J P; Diale, L N; Didiza, A T; Dikgacwi, M M; Dlali, D M; Doidge, G Q M; Du Toit, D C; Fazzie, M H; Fihla, N B; Frolick, C T; George, M E; Gerber, P A; Gogotya, N J; Gololo, C L; Gore, V C; Gumede, D M; Hanekom, D A; Hendrickse, P A C; Hlangwana, N; Hogan, B A; Huang, S; Jacobus, L; Jeffery, J H; Johnson, C B; Johnson, M; Kasienyane, O R; Kekana, C D; Khauoe, M K; Khoarai, L P; Kholwane, S E; Khumalo, K M; Khunou, N P; Komphela, B M; Koornhof, G W; Kota, Z A; Kotwal, Z; Landers, L T; Lekgetho, G; Lishivha, T E; Louw, J T; Louw, S K; Ludwabe, C I; Maake, J J; Madella, A F; Maduma, L D; Madumise, M M; Magubane, N E; Mahlaba, T L; Mahlawe, N M; Mahomed, F; Mahote, S; Maja, S J; Makgate, M W; Malahlela, M J; Maloney, L; Maluleka, H P; Manana, M N S; Martins, B A D; Mashiane, L M; Mashigo, R J; Mashile, B L; Masutha, T M; Mathibela, N F; Matlala, M H; Matsemela, M L; Matsomela, M J J; Mayatula, S M; Mbombo, N D; Mentor, M P; Mfeketo, N C; Mgabadeli, H C; Mkhize, Z S; Mlangeni, A; Moatshe, M S; Mofokeng, T R; Mogale, O M; Mogase, I D; Mokoena, A D; Monareng, O E; Montsitsi, S D; Morkel, C M; Mosala, B G; Moss, M I; Motlanthe, K P; Motubatse-Hounkpatin, S D; Mthembu, B; Mthethwa, E N; Ndlazi, Z A; Ndzanga, R A; Nene, M J; Ngaleka, E; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngculu, L V J; Njikelana, S J; Nkuna, C; Nogumla, R Z; Nonkonyana, M; Nqakula, C; Ntuli, B M; Ntuli, R S; Ntuli, S B; Nxumalo, M D; Nxumalo, S N; Nyambi, A J; Nzimande, L P M; Olifant, D A A; Oliphant, G G; Oosthuizen, G C; Pahad, E G; Phadagi, M G; Phala, M J; Pieterse, R D; Radebe, B A; Rajbally, S; Ramakaba-Lesiea, M M; Ramodibe, D M; Rasmeni, S M; Schippers, J; Schneemann, G D; Schoeman, E A; Seadimo, M D; Sefularo, M; Sekgobela, P S; Selau, J G; September, C C; Sehlare, L J; Sibanyoni, J B; Siboza, S; Sikakane, M R; Sonjica, B P; Sonto, M R; Sosibo, J E; Sotyu, M M; Surty, M E; Tinto, B; Tlake, M F; Tshabalala-Msimang, M E; Tshivhase, T J; Turok, B; Vadi, I; Van den Heever, R P Z; Vundisa, S S; Wang, Y; Xingwana, L M; Zulu, B Z.
NOES - 28: Botha, A; Botha, C-S; Dudley, C; Ellis, M J; Farrow, S B; George, D T; Kalyan, S V; King, R J; Labuschagne, L B; Lowe, C M; Madikiza, G T; Marais, S J F; Mfundisi, I S; Mpontshane, A M; Nkabinde, N C; Rabinowitz, R; Roopnarain, U; Schmidt, H C; Seaton, S A; Sibuyana, M W; Sigcau , S N; Smuts, M; Swart, M; Swart, P S; Van der Merwe, J H; Van Der Walt, D; Van Niekerk, A I; Zikalala, C N Z.
ABSTAIN - 1: Mtshali, E.
During division:
Has the hon Minister not voted?
Madam Deputy Speaker, I did vote, but under the name of Minister Pahad because I was sitting in that seat. Well, it is one vote. I did not vote in proxy; I made a mistake. It was an honest mistake and I am just being open about it. So, I don't know, you can guide me. [Interjections.] I didn't vote twice; I voted once.
That will be corrected.
A red card!
There is no red card; not even a yellow card. It's honesty which we need to appreciate.
Question agreed to.
Motion accordingly adopted.