No. 08/2017 FOURTH SESSION, FIFTH LEGISLATURE

THURSDAY, 20 APRIL 2017

[No. 08/2017] FOURTH SESSION, FIFTH LEGISLATURE

KWAZULU-NATAL LEGISLATURE

======MINUTES OF PROCEEDINGS ======

Thursday, 20 APRIL 2017

The House met at 10h05.

1. 10h06 Members were given an opportunity for silent prayers or meditation.

2. 10h09 The Speaker made announcements.

3. 10h15 The Speaker read the tabling of the following Reports into record:

3.1 Report of Portfolio Committee on Community Safety and Liaison on Budget of Vote 9; and

3.2 Report of Portfolio Committee on Transport on Budget of Vote 12.

4. 10h16 The following Members gave notice of their intention to move motions on the next sitting day of the House:

4.1 Ms W G Thusi, ANC, to move:

This House notes:

That the second phase of the Back-to-Basics programme for municipalities has been formally launched by His Excellency President J G Zuma.

1 This House therefore resolves:

To urge all municipalities in KwaZulu-Natal to take their commitment to this programme seriously by ensuring that they deliver basic services, promote good governance, manage their finances properly, engage with their communities meaningfully and continue to enhance their own capacity.

4.2 Mr M A Zondi, ANC, to move:

This House notes:

That the Department of Co-operative Governance and Traditional Affairs (Cogta) has not shied away from intervening in municipalities where political in-fighting has compromised clean governance and effective service delivery since the 2016 local government elections.

This House therefore resolves:

To applaud Cogta’s focus on consequence management by sometimes taking unpopular, but necessary decisions in the interest of the municipal residents in this province; and

To warn municipalities to ensure that they either live up to their constitutional mandate or face harsh consequences if they fail to do so.

4.3 Ms G N Swartbooi-Ntombela, ANC, to move:

This House notes:

That the MEC for Co-operative Governance and Traditional Affairs in KwaZulu-Natal is today handing over uniforms, science kits and a mobile library to underprivileged pupils at New River Combined School in eThekwini Metro.

To applaud this initiative by MEC Dube-Ncube who responded to the school principal’s request for assistance to pupils, many of whom have never had access to a library or ever touched a test tube in a science class 2 before.

4.4 Mr F A Rodgers, DA, to move:

This House notes:

With concern the recent behavior of Hlaudi, the clown from Luthuli House Broadcasting Corporation; and

While currently on paid suspension – costing taxpayers R350 000 per month – he decided to call a SABC press briefing, in violation of every law.

To suggest to Hlaudi that he should consider entering the race for President of the ANC as he would most certainly be an improvement on the current incumbents.

4.5 Mr M B Gwala, IFP, to move:

This House notes:

That there are political opportunists who grandstand, using lies and misinformation by stating that His Worship, the Mayor of Nongoma is using municipal funds in the uPhongolo by-election;

The truth is that an uninformed person had written to the Mayor, requesting assistance; and

The Mayor, using his good judgement, turned down the request on the basis that it would have been illegal to comply.

To call on the propagandists to get their facts straight before making uninformed statements.

4.6 Ms P H Khuzwayo, NFP, to move:

Ukuzinikela kukaMhlonishwa iphini likaNgqongqoshe wezeSayensi nobuChwepheshe uMengamelikazi we- NFP u-VZ kaMagwaza-Msibi, ekusizeni izikole njengoba ayehlala enza esayiMeya yeZululand District.

3 Ngokusebenzisa i-VZ Foundation ekuhlwayeni osomabhizinisi abazinikele emphakathini njengoba ezonikela ngegumbi lokufunda eGodlumukhonto Primary School ONdini. Lokhu kuvele njengoba ebeyonikela ngoMsumbuluko kuso isikole.

Ngakho le Ndlu inquma kanje:

UMnyango Wezemfundo awukuvumele futhi ukweseke ukunikela kwabaholi bezinye izinhlangano kanye nosomabhizinisi bezindawo ekwenzeni ngcono izikole zomphakathi abahlala kuwo. Kungabi khona ukudonsisana ekwamukeleni umnikelo.

[The commitment by the hon Deputy Minister of Science and Technology, who is also the President of the NFP, VZ Magwaza-Msibi, to assist schools, just like she was doing when she was the District Mayor of Zululand.

Through the VZ Foundation, she gets in touch with business people who are committed to the community. She will be donating a classroom to the Godlumukhonto Primary School in uLundi. This was revealed on Monday when she visited the school.

To call on the Department of Education to allow and support donations by leaders from other political parties and local business leaders in order to improve local schools. There should not be any tussles when it comes to accepting donations.]

4.7 Mr V Ndlovu, EFF, to move:

Kuyavela kwi EFF [It is clear to the EEF] that President Zuma is indeed mampara of the year;

Recalling Pravin [Gordhan] has been the most bizarre, factional and careless decision made by the ANC, based on a fake intelligence report;

Today Malusi Gigaba is in USA to assure white monopoly capital that there will not be any radical economic transformation.

Gigaba has written a letter, urging South Africans to stop 4 talking about the issue to avoid a further downgrading.

loHulumeni we-ANC ufana nse nomuntu ohamba ngebhanoyi elishayelisa umuntu onezincwadi zetekisi. [This ANC government is like someone who is flying an aeroplane, but who is only licensed to drive a taxi.] South Africans must reject the ANC in the 2019 elections.

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

This House notes:

That 37 people had lost their lives over the Easter weekend, with 14 people being killed on Good Friday in the bus tragedy between Nkandla and Kranskop;

That KwaZulu-Natal experienced a 49% decrease in the number of fatalities – from 55 in 2015 to 28 in 2016; and

That, excluding the 14 deaths in the bus accident, this year’s figure would have dropped to 23, notwithstanding the fact that even one death is one too many.

To congratulate MEC Kaunda on reducing general road fatalities; and

To request an executive improvement report for posterity.

4.9 Mr I S Mkhize, ANC, to move:

That SADC Competition Authorities should be hailed and commended for their vow to clamp down on cartels in Africa;

That cartel conduct by companies is one of the most harmful forms of anti-competitive behaviour that hurts poor people the most; and

That fertilizer, cement and transportation services in South Africa have been identified as the cartels which increase prices in affected goods and services by at least 20%.

5 This House therefore resolves:

To call on the Competitions Tribunal and other agencies to nip these kinds of practices in the bud.

4.10 Mr A Shelembe, ANC, to move:

Le Ndlu iyasinaka:

Isinqumo esithathwe iNkantolo Enkulu yakuleli mayelana nokusetshenziswa kogwayi oluhlaza – insangu - kanye nomyalelo obhekiswe kuHulumeni wokuba kuthi kuphela iminyaka emibili ube usukhona umthetho ozolawula ukusetshenziswa kwayo.

Ngakho le Ndlu inquma kanje:

Ukuba iNhlangano kaKhongolose njengeqembu elihola isizwe likhiphe umhlahlandlela kwi Policy Conference ezoba ngo June kulo nyaka ngalolu daba.

Ukuba imiphakathi yonkana eNingizimu Afrika esiFundazweni iKwaZulu-Natal ikakhulu bahambele imibuthwano ezoholwa uHulumeni ukubonisana nabantu kulolu daba kwazise lolu daba luthinta imizwa nezimpilo zabo.

Abantu mabalinde bangaqali ukusebenzisa leli khambi kube isitshalo njengoba sizwa nje sebeqalile ukulisebenzisa ezilwaneni.

[This House notes:

The decision by the High Court with regard to the use of dagga and the order by the court for government to promulgate the required legislative amendments regulating the use of dagga within two years.

To call on the ruling party, the ANC, to issue policy guidelines on this issue during its policy conference that will be held in June this year;

To call on all people of South Africa, especially those in KZN, to attend the public hearings that will be conducted by government to engage citizens on an issue that is bound to affect emotions and lives; and 6 To caution people to wait before using or planting dagga, as we have heard that people already using it on their animals.]

4.11 Mr H S Gumbi, DA, to move:

This House notes:

Health MEC Dhlomo’s tough time during the debate on the Budget Vote on Health yesterday when hon Keeka exposed the MEC’s lack of leadership; and

That MEC Dhlomo was all over eNCA, complaining about his responsibilities as MEC for Health and the fact that specialists are leaving the employ of his department.

To call on the MEC to take responsibility for the failures of his department and stop blaming other people for them; and

To point out that if it’s too hot in the seat of government, he is more than welcome to hand over the reins to someone else.

4.12 Mr M J Mazibuko, IFP, to move:

Le Ndlu:

Ishaqekile ngemibiko yanamhlanje yokwedlula emhlabeni kwesigayigayi somzabalazo sombutho we-PAC, u-Philip Kgosana.

Ngaphandle kokungabaza, iNingizimu Afrika yonke igqemeke engeqiwa ntwala ingozi ngokuwa kwaleli qhawe lomzabalazo wabantu. Umzabalazo wokuthula owaholwa yileli dlweledlwele ngo-1960 waba nomthelela omkhulu ekwenyuseni igiya lokuzabalaza, yize abagqilazi bethu babezitshela ukuthi babeqothe imbokodo nesisekelo emzabalazweni.

Le Ndlu inquma:

Ukukhalela umndeni wakwaKgosana izihlobo kanye ne- PAC ngaleli qhawe eliwile 7 Ukukhalela izwe lakithi ngokulahlekelwa nguMzabalazi onguKgosana

Ukuzwakalisa ithemba lokuthi igama lakhe liyogcinwa enqolobaneni ekhethekile yokugcina izihlabani zezwe lakithi.

[This House:

Was shocked to learn of the passing away today of Philip Kgosana, a struggle veteran from the PAC;

The entire country has undoubtedly suffered an irreversible loss in the wake of the death of this hero of the people’s struggle. The peaceful demonstration that was led by this doyen of the struggle in 1960 had a huge impact on intensifying the struggle in the face of our oppressors who thought that they had annihilated our struggle.

To convey its condolences to the Kgosana family and this fallen hero’s next of kin;

To pass its condolences to our country on the loss of a struggle veteran of Kgosana’s calibre; and

To express the hope that his name will be kept in a national archive along with those of our other national heroes.]

4.13 Mr E M Zungu, NFP, to move:

This House notes:

That the new Minister of Police, hon Fikile Mbalula, has committed to putting an end to the millions government is spending on paying salaries to suspended employees, as well as ending all acting posts in the department;

To date government has spent more than R15 million on suspended employees like Riah Phiyega and Richard Mdluli who earn fat salaries while staying at home.

To call on the provincial government to take a lesson 8 from this by implementing a similar approach across all government departments, and

To call for an end to this culture of wasteful expenditure once and for all.

4.14 Mr V A Khoza, EFF, to move:

This House notes: The practice by this Legislature of suppressing participatory democracy through the back door;

This institution professes to be an activist legislature, yet practices the opposite; and

The ANC’s obsession with listening to themselves saying absolutely nothing.

This House therefore resolves: To call for an equitable three-minute baseline allocation to all parties during debates, followed by a time division according to party representation; and

To call on the ANC to stop abusing its majority by denying minority parties time to debate issues in this Legislature.

4.15 Ms L C Bebee, ANC, to move:

This House notes:

The ongoing crimes that are being committed in our country; and

That poor rural communities, who live on our borders, have to bear an additional burden of stock theft and car hijackings, hence the outcry, including the King’s plea, for cross-border crime prevention.

To support the allocation of R50 million by the MEC for Finance towards cross-border crime fighting, as brazen thieves even steal cars from police compounds; and

To call on all citizens to assist the government in fighting this scourge, especially in the northern parts of KwaZulu- 9 Natal.

4.16 Ms A M McDonnell, DA, to move:

This House notes:

That uThungulu Arts Centre, commissioned four years ago, has turned into a swamp;

The building has been vandalised completely and the water level makes it unsuitable for development;

More than R10 million has been wasted to date; and

Despite the portfolio committee requesting a forensic investigation, no progress has been made, except that Phase 2 has started, building on the disaster of Phase 1.

To immediately institute the promised forensic investigation, including the geotechnical report on the suitability of the site, tender award and contractor.

#Corruption must fall

4.17 Ms T P Mthethwa, IFP, to move:

After the Demarcation Board re-demarcated certain wards in Phongolo, the IEC and other relevant stakeholders never informed the affected communities about the new changes;

It was later discovered that those communities did not de- register themselves in their old wards; and

After the IEC realised its mistake, it postponed the by- election in Ward 7.

To call on the ANC to get their facts straight before they start accusing the IFP.

4.18 Ms N R Majola, ANC, to move:

This House notes: 10 The persistent state of inequality in our country; and

The great injustice that our people continues to suffer while the question of land remains unresolved.

To endorse the promise by the President of South Africa, Jacob Zuma, to speedily implement radical economic transformation; and

To call on every sector of our society to get behind this call as our communities have been marginalised for too long and this economy needs to be inclusive and not just be for a few.

4.19 Ms M M Ntuli, ANC, to move:

Le Ndlu inaka:

Intokazi yebala elimhlophe esiphumele obala ngokuziqhenya ngebala layo futhi idlala kulo mdlalo weSibaya. Lokhu kugqugquzela nabanye ukuthi abangazenyezi ndawo bangene yonke indawo abafisa ukungena kuyo ngoba nabo bangabahlali baleli zwe futhi bayinzalelwane yakhona kanjalo nemiphakathi yakithi ayibamukele ngezandla zombili.

Sinxuse labo belaphi bendabuko abakhohliswa izinswelaboya zithi la bantu benza imithi bese bebabulala ngoba sekuwumuthi njalo ukuba bakuyeke lokho sekuwubuthakathi lobo. Umthakathi akaze amukeleke kwasemandulo.

Le Ndlu inquma kanje:

Ukubonga uHulumeni wethu ngezinhlelo anazo ngabantu baleli bala siphinde sinxuse umphakathi ukuba uhlale ukhululeke nabo nezingane zethu sizivumele zidlale nabo zikhululeke.

[This House notes:

That an actress on Isibaya who is living with albinism has openly expressed pride in her condition. This will encourage others like her not to be ashamed of 11 themselves, but to live their lives to their fullest potential as citizens of this country. Our communities should also welcome them with open arms.

We appeal to any traditional healers who may be misled by charlatans into believing that people living with albinism should be killed for muthi to desist from such acts which are tantamount to witchcraft. Even in the olden days witchcraft was taboo.

This House therefore resolves: To thank our government for accommodating people living with albinism in its programmes. We appeal to communities to live in harmony with these people and to allow their children to play freely with children who are living with albinism.]

4.20 Ms N M Khoza, ANC, to move:

This House notes: The recent visit by the MEC for Cogta to Nquthu Local Municipality to assess its readiness to hold by-elections to elect a new council to replace the one formally dissolved by the Executive Council. This House therefore resolves:

To commend the MEC’s proactive approach in ensuring that the upcoming by-elections in Nquthu will contribute to the legitimacy of the new council; and

To commend Cogta for avoiding a repeat of the paralysis that led to this municipality being dissolved due to the manoeuvers of some political parties which, like the IFP, are now speaking out against the stability brought to Nquthu by this intervention.

4.21 Mr G Mari, DA, to move:

This House notes:

The failure of KZN Music House to carry out its mandate to provide a support service for emerging artists in the province;

The entity’s inability to carry out its functions after it allegedly could not pay staff salaries for February and 12 March;

Reports have emerged that the entire board have resigned; and

Treasury has at long last initiated a forensic investigation.

This House therefore resolves: To call on the MEC for Arts and Culture to immediately intervene by taking over the entity as a matter of urgency.

5. 104h41 The Speaker converted the House into a Committee of Supply and left the Chamber. 9. 10h43 Debate on Vote 9: Community Safety and Liaison commenced and was concluded at 13h10. 10. 13h11 The Chairperson made announcements.

11. 13h12 The business of the Committee of Supply was suspended and resumed at 14h15.

12. 14h16 Debate on Vote 12 – Transport ensued and was concluded at 17h50.

13. 17h51 The Speaker resumed the Chair.

14. 17h52 The Chairperson of the Committee of Supply reported progress and sought leave to sit again. Leave granted. 12. 17h54 The business of the House was adjourned until Friday, 21 April 2017 at 10h00.