WEDNESDAY, 23 NOVEMBER 2016

[No. 24/2016] THIRD SESSION, FIFTH LEGISLATURE

KWAZULU-NATAL LEGISLATURE

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MINUTES OF PROCEEDINGS

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Wednesday, 23 NOVEMBER 2016

The House met at 14h02.

1.14h03Members conducted a silent prayer.

2.14h04The Speaker made announcements.

3.14h06The following Reports were tabled:

3.1Ms M Govender tabled the Report of the Standing Committee on Public Accounts (Scopa) on Resolutions arising from Hearings on the 2015/16 Reports of the Auditor-General.

3.2Mr IS Mkhize tabled the:-

3.2.1Portfolio Committee on Human Settlements Report on the 2016/17 First Quarter Performance of the Department of Human Settlements;

3.2.2Portfolio Committee on Human Settlements Report on the 2016/17 Fourth Quarter Performance of the Department of Human Settlements; and

3.2.3Portfolio Committee on Human Settlements Report on Oversight Visit to Ugu District.

4.14h08The following Members gave notice of their intention to move

motions on the next sitting day of the House:

4.1Ms M C Frazer, ANC, to move:

Le Ndlu inaka:

Isihluku okwabulawa ngaso udadewethu uKhanyisile “Malumekazi” Ngobese owayengunobhala wophiko lwabasifazane kuKhongolose esiFundeni sasOkhahlamba owayemele ukhetho ngo-Agasti esedlulile emhlabeni;

Ukubulawa kwabantu besifazane ngesihluku okushiya abantwana nemindeni yabo bengenamuntu futhi behlukumezekile.

Ngakho-ke le Ndlu inquma kanje:

Ukubonga umphakathi wase-Alfred Duma (eMnambithi) kuWadi 20 ngokuphinda uvotele inhlangano kaKhongolose ngobuningi babo, yize noma i-DA yayisizithembisile kanti abantu basakholelwa ku-ANC;

I-DA ayicacelwe ukuthi ayinandawo oKhahlamba ayihambe iyozama kwezinye izindawo iphinde;

Ukukhuthaza abomthetho ukuba baqinise uphenyo lwabo ukuze baqinisekise ukuthi abenzi bokubi bayajeza.

[This House notes:

The brutal murder of the late Khanyisile “Malumekazi” Ngobese, former secretary of the ANC Women’s League in the Ukhahlamba Region. Ms Ngobese was a candidate in the August 3 local government elections at the time of her murder; and

That the brutal killing of women leaves children and families orphaned and hurt.

This House therefore resolves:

To thank the community of Alfred Duma (Ward 20) in Ladysmith who re-elected an ANC candidate in their numbers, despite the fact that the DA was hoping to win the vote; the people showed that they still have confidence in the ANC;

To ask the DA to realise that they have no place in Okhahlamba and to go and try their luck elsewhere; and

To urge law-enforcement agencies to intensify their investigation [into this murder] so that the perpetrators are brought to book.]

4.2Ms G N Swartbooi-Ntombela, ANC, to move:

This House notes:

The ongoing intervention in Nquthu Local Municipality and uMzinyathi District Municipality which was launched by the provincial Executive Council on the recommendation of the Department of Co-operative Governance and Traditional Affairs (Cogta) in terms of section 139 (1) (b) of the Constitution of the RSA last month.

This House therefore resolves:

To commend the Department of Cogta for installing administrators at these municipalities since their work has, within a short space of time, restored functionality and order to these municipalities by bringing back to work previously absent municipal employees, and ensuring day-to-day service delivery to communities.

4.3Ms L C Bebee, ANC, to move:

This House notes:

That the ANC-led government recognises the Domestic Violence Act, Act No 116 of 1998, as a response to domestic violence;

That a high incidence of domestic violence exists within South Africa;

That victims of this social evil are among the most vulnerable members of society;

That acts of domestic violence may be committed across a wide range of relationships; and

That remedies currently available to victims of domestic violence have proved to be ineffective.

This House therefore resolves:

To reinforce the implementation of the Domestic Violence Act as a tool to fight violence against women and children.

4.4Mr H S Gumbi, DA, to move:

This House notes:

That the ANC is back in court today, at war with itself;

That the war between former Premier Senzo Mchunu and Zikalala’s faction is tearing the ANC apart; and

That the ANC’s inability to pass the DORA on two separate occasions speaks to these deep divisions collapsing critical government services.

This House therefore resolves:

To trust the courts to correct an ANC leadership that was possibly elected on the basis of thuggery, corruption and underhanded methods; and

To strengthen the DA’s determination to take the ANC to below 50% in the 2019 elections.

4.5Mr M B Gwala, IFP, to move:

This House notes:

On 30 November there will be a by-election in Umhlatuze (Wards 31 and 32);

The ANC is yet again using municipal vehicles to campaign for its candidate; and

This is not the first time such blatant abuse of state resources for party-political purposes has taken place.

This House therefore resolves:

To call on the IEC’s Mosotho Moepya (CEO) to investigate this incident to demonstrate that he is serious about free and fair elections and to prove that the IEC is not controlled by the ANC; and

To give feedback on the IFP’s previous complaints about the incidents at Indaka in January 2016.

4.6Mr V R Mlotshwa, NFP, to move:

Le Ndlu iqaphela:

Ukubanjiswa kukaMhlonishwa uSihle Zikalala isikhundla sobuNdunankulu njengoba uMhlonishwa uMacingwane esabhekise amabombo eChina e-Shanghai, uma kukunquma kwakhe hhayi ukufuqwa nokuphoqwa i-ANCYL.

Ngakho-ke le Ndlu inquma kanje:

Isikhundla sikaMhlonishwa u-Willies Mchunu sibuyele kuye, kungajiki izinto, kugcine uMhlonishwa uZikalala esegweva naso.

[This House notes:

The appointment of the hon Sihle Zikalala as Acting Premier during the hon Mchunu’s visit to Shanghai, China – if it was his decision and not a decision forced by the ANCYL.

This House therefore resolves:

To urge the hon Willies Mchunu to retain his position upon his return so that the hon Zikalala does not end up occupying that position on a permanent basis.]

4.7Mr A V Khoza, EFF, to move:

This House notes:

That acting National Police Commissioner, Lieutenant General Khomotso Phahlane, who called fees-must-fall students criminals who must be shot and arrested, has himself fallen foul of the law after being charged by IPID for fraud and corruption.

How has Phahlane managed to build an R8 million mansion on a simple public servant salary, if not through corruption?

This House therefore resolves:

To undertake a lifestyle audit on all senior public servants in KwaZulu-Natal as a matter of urgency; and

To focus its investigation on all Supply Chain Management officials in order to combat corruption and graft.

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

This House notes:

That ecological planning requires long-term data sets which are critical measurements for climate change parameters; and

That $7 million (R88 million) in global funds received in 2015 is being used in eThekwini and uMgungundlovu for climate change adaptation studies.

This House therefore resolves:

To request an executive statement from hon MEC Zikalala about the economic output status of such scenario modelling for KwaZulu-Natal, one year into the funding.

4.9Ms N Dube-Ncube, ANC, to move:

This House notes:

The rainfall seen across KwaZulu-Natal in recent weeks, and

As welcome as this rainfall has been, much rain has fallen outside the province’s main water catchment areas, thus doing little to alleviate the current drought.

This House therefore resolves:

To urge all affected municipalities to continue enforcing water restrictions until all dams in the province have been replenished to pre-drought levels, and

To applaud Cogta’s anti-drought initiatives, including its public awareness campaign and its extensive and multi-pronged drought-relief programmes comprising borehole drilling, mobile package treatment plants, water tankers, desalination plants and bulk-water storage facilities.

4.10Mr B V Hlengwa, ANC, to move:

Le Ndlu:

Iyakunaka ukuthi ukucwasa ngokwebala okwenziwa yi-DA kukhula mihla namalanga njengoba kuqale kukhasa kwakhula kwaze kwafunda ukuhlala futhi lapho bekukhulela khona bekuyisesikhotheni njengoba sekukhule kwaze kwama ngezinyawo, sebeyakubona abanamehlo.

Lokhu kubonakaliswa imashi yabaculi abakhala ngokuthi i-DA ilwisana nokudlalwa komculo wasekhaya emsakazweni. Kodwa-ke angisho ukuthi kukhona okusina kubajeqeza, kodwa okwamanje kusasina ngonyawo olulodwa, mhlazane kwasina ngazo zombili kuyoqhuma nhlamvana ezinye ziyofekela.

Ngakho-ke le Ndlu inquma kanje:

Lesi simo sidinga uphenyo olujulile.

[This House:

Notes that the racism perpetuated by the DA is increasing daily; it started gradually and has since escalated like a toddler who has managed the art of walking, it is now really becoming noticeable;

This is further borne out by a protest march by musicians who are complaining that the DA is against the airing of local music on our radio stations. However, I am not implying that something bad is coming their way; for now there is no imminent threat to them; once the threat becomes real, they will feel it.

This House therefore resolves:

To call for an extensive investigation into this matter.]

4.11Ms N M Khoza, ANC, to move:

This House notes:

That 22 years into our democracy, there is still racism in some political parties in which being black is viewed as a sin, in which blacks are never good enough to lead, but only used as part of a strategy to win the black vote.

This House therefore resolves:

To congratulate hon Rodgers, the newly elected DA leader who was once schooled by the ANC; and

To commend the ANC for grooming leaders and giving them the space to lead, regardless of their skin colour, unlike the DA where black leaders’ responsibilities are confined to warming seats for white leaders.

4.12Dr I Keeka, DA, to move:

This House notes:

The DA’s launch of Our Health Plan will ensure that no South African is denied quality healthcare simply because they are poor;

This plan, without new taxes, can be rolled out sooner, is more affordable for the state, is fairer and has been proved to work in practice.

This House therefore resolves:

To congratulate the DA for tabling a solution for the well-being of all South Africans in ensuring universal access to quality healthcare, in keeping with our principles of freedom, fairness and opportunity; and

To reject the comparatively outmoded NHI concept that will guarantee a delay in alleviating the suffering of millions.

4.13Mr S Moodley, IFP, to move:

This House notes:

That during the recent local government elections, there were numerous incidents of blatant abuse of blue lights; and

That this controversial issue has become a great cause for concern.

This House therefore resolves:

To call for a priority investigation into the abuse of blue lights;

To call for an urgent and thorough investigation into the processes involved in obtaining permits for the use of blue lights as their abuse poses a risk to other road users;

To hold those involved in the abuse of blue lights accountable because their actions diminish the importance of this necessary device in an actual case of emergency.

4.14Mr V Ndlovu, EFF, to move:

This House notes:

I-EFF ayethuki neze ngekubone izolo kwenziwa ontabakayikhonjwa, lapho bekhombise ngokusobala ukuthi abazimisele neze ngokukhulula leli zwe.

[The EFF was not surprised yesterday by the behaviour of people who shall remain nameless, but who clearly showed that they are not committed to liberating this country.]

ANC MPs voting against the repeal of an apartheid law is an insult to democracy, a clear sign that they have run out of ideas and are degenerating;

They call themselves liberators, but they are the real oppressors of today;

President Zuma’s ANC is nothing but a toothless dog.

This House therefore resolves:

To call on the people of South Africa to reject the self-serving ANC in 2019 so that the EFF can show South Africa what real democracy means.

4.15Ms N R Majola (ANC):

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.

4.16Mr N Ntombela, ANC, to move:

This House notes:

A gentle giant is no more;

Yesterday afternoon Kito Petrus “Ten-Ten” Nzimande passed on after suffering a stroke;

This Amakhosi legend joined Kaizer XI in 1969 as a decisive midfielder who could also play centre back;

He participated and scored a goal in the first Soweto Derby on 24 January 1970, 17 days after the founding of the club on 7 January 1970;

He played for the Glamour Boys from 1970 until 1978; and

He was part of the side that won Amakhosi’s first league title in 1974.

This House therefore resolves:

To pray for his soul to rest in eternal peace.

4.17Mr M B Ntuli, ANC, to move:

Le Ndlu iyakunaka:

Ngokuthakasa ukuboshwa kwabasolwa abayenga amaphoyisa sengathi bafisa ukulekelelwa kanti bayawaqola futhi ibonga intombazane eyayisizwa ngalelo langa owufakazi kahulumeni kuleli cala ngesibindi asasikhombisa okwamanje.

Ngakho-ke le Ndlu inquma kanje:

Kumele i-supporte lo mntwana nomndeni futhi akhuseleke zize zigwetshwe lezi zigangi ngecala abalenza.

[This House:

Notes with joy the arrest of suspects who had conned the police into believing that they needed help when, in fact, they were planning to rob them; and

Thanks the girl who was assisted on that day for the courage she has since shown in becoming a state witness.

This House therefore resolves:

To call for this girl and her family to be protected until those suspects are sentenced for the crime that they committed.]

4.18Mr A Shelembe, ANC, to move:

Le Ndlu:

Incoma umsebenzi omuhle owenziwe uMnyango Wezokuphepha Nokuxhumana Komphakathi oholwa nguMhlonishwa uNgqongqoshe uKaunda, lapho amaphoyisa evundulule inqwaba yezibhamu nezidakamizwa endaweni yaseMbali, eMgungundlovu, kubasolwa akade bezama ukubamba ngesankahlo omunye wosomabhizinisi bale ndawo.

Inaka ukuthi lokhu akuniki nje ithemba kosomabhizinisi kuphela kodwa nasemphakathini imbala;

Inaka ukuthi izinhlelo zikaNgqongqoshe zokuphepha kula maholidi seziyaqala ukubonakalisa ukuthela izithelo.

Ngakho-ke le Ndlu inquma kanje:

Ukubonga uNgqongqoshe nge-action intervention plan yakhe kule festive season e-progressive.

[This House notes:

The sterling work done by the Department of Community Safety and Liaison, led by hon MEC Kaunda, after discovering a cache of firearms and drugs in Imbali Township, Pietermaritzburg, belonging to suspects who attempted to forcefully rob a local businessman;

This not only gives hope to businesspeople, but to the community as a whole; and

The department’s plans for the festive season are beginning to bear fruit.

This House therefore resolves:

To thank the MEC for his progressive action plan for this festive season.]

4.19Ms N Simelane-Zulu, ANC, to move:

This House notes:

That the DA is addicted to and obsessed with the ANC’s internal processes and democracy within the organisation; and

Its obsession is informed by the fact that the ANC is the only organisation in the country that is actually democratic by nature.

This House therefore resolves:

To call on the ANC to conduct a workshop for the DA on how to run a truly democratic organisation which allows its members freedom of expression, unlike what was done by the DA to its councilors in Cape Town.

4.20Mr M H Steele, DA, to move:

This House notes:

That the DA, in the recent by-election in Acaciaville, Ladysmith, grew its vote by more than 10% - from 25% to 36% - and in the process brought the ANC vote down to nearly 50%; and

That this steady decline in ANC support is the direct consequence of the revelations of crime, corruption and state capture at the heart of the ANC government.

This House therefore resolves:

To call on the voters of Ward 32, Msunduzi, to join in the growing rejection of Zuma’s ANC and to deliver a huge majority in retaining the ward for the DA.

4.21Ms A M McDonnell, DA, to move:

This House notes:

The appalling statistics on unemployment released by Statistics SA yesterday;

Youth unemployment has now reached a tipping point of 54% - a looming disaster that will make #feesmustfall look like a picnic;

This crisis is a consequence of the ANC’s poor governance and economic mismanagement over recent years.

This House therefore resolves:

To call for an urgent engagement to find ways of using all budgets to intervene and relieve the suffering of the youth and to improve their future prospects, even if suggestions come from opposition parties, before it is too late.

4.22Dr R Viranna, DA, to move:

This House notes:

That the DA submitted the Community Safety Bill as a Private Member’s Bill during May 2016;

This Bill aims to improve provincial oversight of the SA Police Service, in line with section 206 of the Constitution;

However, this Bill is being delayed by the Speaker’s Office and has not yet been tabled and given to the portfolio committee for processing;

The communities of KwaZulu-Natal deserve improved crime fighting and not to live in fear.

This House therefore resolves:

To call on the Speaker to stop playing politics with this Bill and to urgently follow legislative processes for this Bill to be processed.

5.14h44Debate on the ANC motion commenced and was concluded

At 15h52.

6.15h53The Acting Premier introduced the KZN Gaming Amendment Bill,

2015 and concluded at 16h08.

7.16h09Parties commented on the KZN Gaming and Betting

Amendment Bill, 2015 and concluded at 16h30.

8.16h31The Bill was referred to the Premier’s Portfolio Committee.

8.16h33The House was adjourned until Thursday, 24 November 2016 at

09h00.

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