17 MAY 2016 PAGE: 1 of 211 TUESDAY, 17 MAY 2016 ____ PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES ____ The Council met at 14:04. The House Chairperson: Committees, Oversight, Co-operative Government and Intergovernmental Relations took the Chair and requested members to observe a moment of silence for prayers or meditation. NOTICES OF MOTION Ms E PRINS: Hon House Chairperson, I move without notice: That the Council notes with outmost appreciation the implementation ... The House Chairperson: Committees, Oversight, Co-operative Government and Intergovernmental Relations (Mr A J Nyambi): Hon Prins, Notice of a Motion. Mr B G NTHEBE: Hon House Chair, I hereby give notice that on the next sitting day I shall move on behalf of the ANC: 17 MAY 2016 PAGE: 2 of 211 That the Council – (a) notes that the Western Cape has struck off the EFF‘s urgent application to have the NA Speaker interdicted from using the Rules to address their continued disregard of the Rules and the decorum of Parliament during today‘s sessions on questions to the President; (b) further notes that the EFF would also have wanted to the questions postponed until the Speaker had given the court an assurance that there will be no violence against any opposition parties‘ Members of Parliament for anything that they say in the NA, irrespective of their utter disturbing actions to willingfully and with contempt show utter disrespect and contempt to the institution of Parliament, as a cornerstone of our democracy and the will of the people of South Africa who voted us to represent them; (c) further notes that the EFF‘s urgent interdict was not only frivolous and contemptuously out of Parliament but also based on their misguided perception of the stature of Parliament and that their actions undermines it through their hooliganism which they purport it to be correct; and (d) take this opportunity to express its profound support to collective leadership of Parliament and all the efforts that 17 MAY 2016 PAGE: 3 of 211 Parliament has implemented to restore and protect the dignity and the image of our Parliament from the people who are hell- bent in undermining everything that this Parliament stands for. Thank you, Chair. [Time expired.] The House Chairperson: Committees, Oversight, Co-operative Government and Intergovernmental Relations (Mr A J Nyambi): Hon Nthebe, your time has expired, your Motion will be printed on the next Order Paper. Hon Michalakis, why are you standing up? Mr G MICHALAKIS: Thank you hon House Chair, just for clarity, are we busy with Notices of Motions or Motions without Notice because that clearly was not a Notice of Motion. The House Chairperson: Committees, Oversight, Co-operative Government and Intergovernmental Relations (Mr A J Nyambi): Notice of a Motion. Mr G MICHALAKIS: Then, hon House Chairperson I have respectfully just would like to indicate that was not a Notice of a Motion. The House Chairperson: Committees, Oversight, Co-operative Government and Intergovernmental Relations (Mr A J Nyambi): I have already made a Ruling about that one. 17 MAY 2016 PAGE: 4 of 211 Mr T C MOTLASHUPING: Hon House Chair, I hereby give notice that on the next sitting day I shall move on behalf of the ANC: That the Council – (a) notes that last Thursday 12 May marked a year since the death of a veteran of our struggle for liberation and freedom, Isithwalandwe, Seaparankwe, Mama MeRuth Mompati who died at the age of 89 years after a short illness on 12 May 2015; (b) takes this opportunity to pay homage ... Ms C LABUSCHAGNE: Hon House Chair, on a point of order: this is not a Notice of Motion but a Motion without Notice. The House Chairperson: Committees, Oversight, Co-operative Government and Intergovernmental Relations (Mr A J Nyambi): Order members; take your seat hon Motlashuping. Let me sustain the point of order by hon Labuschagne. You are correct, that is a Motion without Notice. Hon members, does any member wish to give a Notice of Motion? Ms C LABUSCHAGNE: Hon House Chair, I hereby give notice that on the next sitting day I shall move on behalf of the DA: 17 MAY 2016 PAGE: 5 of 211 That the Council – (a) debates the sustainability and socioeconomic impact of the Waste Management Act in South Africa with specific reference to the practice of buy and selling waste from other countries. I so move, thank you. DA COUNCILLORS IN THE FREE STATE JOIN ANC (Draft Resolution) Mr G MICHALAKIS: On behalf of the DA, I hereby wish to move without notice: That the Council – (1) notes that various former DA councillors fro Mangaung, such as Enerst Tobie, Hendrik Minnie, Mpuse Mokone, join the ANC sinking ship with funny fair this weekend; (2) also notes that Tobie and Mokone were expelled and reprimanded by the DA last months for mobilising members along racial lines; 17 MAY 2016 PAGE: 6 of 211 (3) further notes that Hendrik Minnie was unhappy about his position he received on the candidate‘s list; (4) notes that the DA welcomes this move where the lazy, bitter and racists are actually joining the mix of ANC; (5) notes that although we would have given Minnie, Tobie and Mokone a way for free, the ANC could at least have the decency to pay for their own backing boards for the events posters instead of ceding the DA‘s property. This is theft; and (6) finally, notes that the right of every citizen to associate with a political party of their own choice within a democratic society and we wish them well as we say good riddance. The DEPUTY CHAIRPERSON OF THE NCOP: Is there any objection to the motion? [Interjections.] The DEPUTY CHAIRPERSON OF THE NCOP: In light of the objection, the motion may not be proceeded with. The motion without notice will now become notice of a motion. 17 MAY 2016 PAGE: 7 of 211 DEATH OF WARRANT OFFICER MUZWANDILE JOEL SITHOLE (Draft Resolution) Mr E MAKUE: I hereby move without notice: That the Council – (1) notes with profound sadness and grief the death of Warrant Officer Muzwandile Joel Sithole who died last Friday, 13 May 2016, while on official duty in Juba, as part of an advanced security detail which had been deployed to Juba to prepare for the working visit of Deputy President, hon Cyril Ramaphosa to South Sudan; (2) further notes that the Deputy President is visiting Juba as part of our government‘s efforts to consolidate unity within the ranks of ruling Sudanese Peoples Liberation Movement with a view to sustain lasting peace and stability and to lay a basis for the post-conflict reconstruction and development for the benefit of the people of South Sudan; (3) further notes that our government has been working tirelessly around the clock in conjunction with the government of South Sudan to ensure the repatriation of the mortal remains of Warrant Officer Sithole back to his home 17 MAY 2016 PAGE: 8 of 211 at the latest by today and arrangements were made for the members of the bereaved family of Warrant Officer Sithole to fly to Juba yesterday to assist in the repatriation process; (4) conveys its heartfelt condolences to the family of Warrant Officer Sithole whose death remains a clear indication of his resolute commitment to serve South Africa; and (5) finally notes that our thoughts and prayers are with his widow Sibongile Sithole, the entire Sithole family and friends during this moment of their lives, conscious of the pain and sorrow that the untimely death of their beloved son has brought to bear on their entire family. Motion accordingly agreed to in terms of section 65 of the Constitution. CONTRIBUTION BY INSTITUTIONS AND PEOPLE IN THE PRIVATE SECTOR IN THE PROMOTION OF TOURISM INDUSTRY (Draft Resolution) Mr O TERBLANCHE: On behalf of the DA, I hereby wish to move without notice: That the Council – 17 MAY 2016 PAGE: 9 of 211 (1) commends all institutions and people in the private sector who are involved in the tourism industry, for the splendid work that they are doing to increase the number of tourists visiting our country, subsequently earning the country much needed foreign exchange to boost the economy and ultimately creating jobs. Motion accordingly agreed to in terms of section 65 of the Constitution. WEEKEND ARREST OF MORE THAN 500 PEOPLE IN CAPE TOWN (Draft Resolution) Mr J M MTHETHWA: I hereby move without notice: That the Council - (1) notes with utmost appreciation the arrest of over 500 people during a weekend crime prevention blitz in Cape Town, which netted illegal firearms, drugs, counterfeit goods and led to the arrest of several fugitives wanted for serious crimes such as murder; (2) further notes that more than two hundred and twenty (Z20) of those arrested in the Nyanga cluster policing precinct were 17 MAY 2016 PAGE: 10 of 211 rounded up for dealing and possession of drugs such as heroin, dagga, mandrax, crystal methamphetamine commonly known as tik; (3) also notes that this raid led to the discovery of six unlicensed fire arms and the arrest of eighty eight (88) suspects that were wanted for crimes ranging from murder, attempted murder, hijacking, dealing in liquor, crimes against women and children, possession of stolen and hijacked vehicles, possession of housebreaking implements and stolen property; and (4) lastly, commends the police for their sterling work and the decisive interventions to wage a concerted war against crimes to rid our streets and corners of heartless and selfish criminals that continue to hold our people captive. Motion accordingly agreed to in terms of section 65 of the Constitution.