THURSDAY, 03 SEPTEMBER 2015
[No. 16/2015] SECOND SESSION, FIFTH LEGISLATURE
KWAZULU-NATAL LEGISLATURE
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MINUTES OF PROCEEDINGS
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Thursday, 03 September2015
The House met at 10h13
- 10h14The House was given an opportunity for silent prayer.
- 10h15 The Speaker made announcements on the passing away of
the following persons:
-Mr Roland Mqwebu;
-The Swazi maidens;
-141 people killed in road accidents in all provinces;
-Justice Thembile Skweyiya;
-Mr Khuzwayo (husband to hon. Khuzwayo; and
-Mr Kenneth Mubu
The House observed a minute of silence.
- 10h24 The Speaker read out the tabling of the following reports:
-Department of Human Settlements; Annual Report 2014/15;
-KZN Treasury Annual Report 2014/15;
-Department of Economic Development Annual Report 2014/2015;
-KwaZulu-Natal Nature Conservation Board Annual Report 2014/15;
-Dube Tradeport Annual Report 2014/15;
-Liquor Authority Annual Report 2014/15;
-Ithala Development Co-operation Pty LTD Annual Report 2014/15;
-KZN Trade and investment Annual Report 2014/15;
-Mjindi Farming Annual Report 2014/15;
-Office of the Premier: Amafa AkwaZulu- Natali Annual Report 2014/15;
-Department of Health Annual Report 2014/15;
-KwaZulu-Natal Sharks Board Annual Report 2014/15;
-COGTA: Section 47 Report Consolidated Annual Municipal Performance Report for 2013/14 Financial year;
-Department of Education Annual Report 2014/2015;
-Royal Household Trust Annual Report 2014/15; and
-Office the Premier Annual Report 2014/15.
- 10h26 Ms WG Thusi on behalf of Ms N Sibhidla-Saphetha tabled the:
-Department of Arts and Culture Annual Report 2014/15;
and
-Department of Sport and Recreation Annual Report
2014/2015.
- 10h27 The following Members gave notice of their intention to move the following motions at the next sitting day of the House:
5.1Mr S Moodley, IFP, to move:
This House notes:
That the recent horror crash on the North Coast has once again highlighted the risks that negligent taxi drivers pose to passengers and other road users.
This House therefore resolves:
Urges the MEC for Transport to mandate his Department to immediately implement more stringent measures to curb the alarming rate of taxi accidents on our Province’s roads; and
The devastating loss of lives and the pain and suffering of the bereaved families of the 16 victims should urgently necessitate harsher measures and more accountability on the part of taxi operators and drivers.
5.2Mr FA Rodgers, DA, to move:
That this House:
Acknowledges the 100% unqualified audit results for the Western Cape provincial departments;
The results reflect all thirteen departments received unqualified reports with twelve of the thirteen provincial departments receiving clean audits;
Worth noting is that the Western Cape Education Department is the first in its sector, countrywide, to achieve a clean audit;
This House resolves:
To congratulate the results, which reflect the Western Cape government’s consistent year on year improvement in audit results and that this is a clear indication that while the African National Congress struggles, the DA will continue to govern for the betterment of the people of South Africa for the delivery of excellent services.
5.3Dr R Viranna, DA:
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.
5.4Ms AM McDonnell, DA, to move:
This House notes that:
The winds of change are blowing through South Africa; and
Young people are demonstrating their support for the opportunities on offer by the Democratic Alliance’s Vision Charter across universities in South Africa.
The House therefore resolves:
To congratulate the Democratic Alliance Students Organisation and their new SRC President, Kwena Moloto, on winning the students election at the University of Pretoria this week.
5.5Ms NN Boyce, ANC, to move:
This House notes:
The recent pump trip at Margate 3A pump station causing sewer spillageinto the Nkongweni and Bihlanhlolo riversthat led to Margate and Ramsgate beaches being effected;
The potential damage that could be caused by this in the ocean environment and the Blue Flag status of Ramsgate; and
The swift action by Ugu Municipality working and the Department of Environmental Affairsin the province to deal with this and prevent future occurrences.
This House therefore resolves:
To commend and support all endeavours including the plan of action put in place by the municipality and the Department of Environmental Affairs to protect our ocean environment.
5.6Mr RR Pillay, ANC, to move:
This House notes:
With great sadness, the passing away of Morris Fynn a great anti-apartheid fighter and patriot and a consistent freedom fighter, the public will recall his brave public cutting down of apartheid discriminatory sign boards.
We will also remember his proud claim to his African roots including traditional leadership; and
That he was a progressive thinker he remained true to his credentials until the end.
This House resolves:
To salute him and prays that the Almighty grants all strength to his family at this difficult time.
5.7Ms N Simelane-Zulu, ANC, to move:
LeNdlu iyakunaka:
Okwenziwe inhlangano ye EFF, efungise iLunga Elisha u-honourable V Ndlovu.
Kuyadumaza ukuthi kuphume uhonourable Msane obemele abesifazane kuleli qembu elaqembuka ku-ANC.
Ngakho leNdlu iphakamisa kanje:
Ukuphinda income i-ANC ngeyakwenza kwaba umgomo ocacile ukuthi abesifazane banakekelwe emgomweni ka 50/50,
Lokhu kubonisa ukuhlehlela emuva kwe-EFF;
Siphakamisa ukuba sincome i-ANC ngomgomo ka 50/50 nokuhlonipha iqhaza labesifazane.
Sikhuthaze ozakwethu ukuba babone isibonelo kwi ANC -the oldest liberation movement and the leader of the people.
[This House:
Note the Economic Freedom Fighters’ move when they swore in a new member, hon V Ndlovu;
Is saddened to note that hon Ndlovu replaces hon Msane, a woman, from this ANC splinter party;
This House therefore resolves:
To commend the ANC for making it its policy that women are taken care of through its 50/50 gender parity;
This is an indication of the EFF’s regression;
To further commend the ANC on its gender parity policy and for respecting the role of women;
To encourage our counterparts to use take a leaf out of the ANC’s book – the oldest liberation movement and the leader of the people.]
5.8Ms WG Thusi, ANC, to move:
This House notes:
That many citizens out there want to extend a hand and assist government in running child and youth care centres;
That theDepartment of Social Development (DSD) appreciates that;
The temporary closure of Tholuthando Children’s Home because of governance issues; and
DSD is assisting in registering the Home as it is properly run.
Therefore resolves:
To request hon. members of this House to check if children’s homes in their constituencies are registered according to the Children’s Act.
5.9Mr HS Gumbi, DA, to move:
This House notes:
Durban has been awarded the Commonwealth Games in 2022;
The games provide a number of positive opportunities for us to showcase our country as a destination of choice; and
Durban has critical service delivery challenges including housing, water and electricity.
This House resolves:
That the MEC for Financeto present a plan to the Legislature on the full funding model of the games across government Departments;
To ensure that no money meant for service delivery to our poorest citizens is directed to the games; and
To encourage South Africans to make a success of the games.
5.10Mr MB Gwala, IFP, to move:
This House notes:
The Official Opening of the Prince Mangosuthu Buthelezi Museum and Documentation Centre in Ulundi.
This House thanks His Excellency Prince Mangosuthu Buthelezi MP for making available his invaluable collection of artefacts and documents of historical significance to the Centre that will serve as:
-A repository of our history;
-A factual account of the life and contributions of Prince Buthelezi to the freedom struggle;
-An accurate point of reference for generations to come; and
-A living testament to a true statesman.
5.11Mr VR Mlotshwa, NFP, to move:
LeNdlu:
Ishaqekile ngokubanjwa kweKhansela le ANC lakwa Ward 3 Cllr Zondo oKhahlamba namasaka ensangu (omthunzi wezinkukhu) amahlanu ushosholoza nawo eMnambithi maqede baliphonsa kwalasha.
LeNdlu iyonquma kanje:
Sibonga umsebenzi omuhle owenziwe amaphoyisa aseMnambithi ngokuvalela leliKhansela, eliyisibonelo esibi emphakathini.
[This House:
Is shocked t reports that an ANC councilor from Ward 3 of Ukhahlamba, Councillor Zondo, was caught and arrested with five bags of dagga in Mnambithi.
This House therefore resolves:
To commend the good work done by the Ladysmith police for arresting this councillor, who is a bad example to the community.]
5.12Mr AV Khoza, EFF, to move:
This House notes:
The continued exploitation of the working class through labour brokers; and
That even big campanies like Transnet, the Post Office retailers like Pick ’nPay, Checkers/Shoprite, Edgars and others either use labour brokers or issue short term contracts with no benefits, no job security and no dignity to our people.
This House therefore resolves:
That labour broking in KwaZulu-Natal be declared illegal and classified as a crime against humanity and violation of human rights; and
That all companies that continue exploiting our people and doing business in this province must with immediate effect be forced, through legislation, to stop this action in a very decisive manner.
5.13Mr SA Duma, ANC:
The motion by Mr S A Duma (ANC) was ruled out of order in terms of Standing Rule 94 (2)(b).
5.14Ms MC Frazer, ANC, to move:
LeNdlu iyakunaka:
Ukuzimisela kukahulumeni oholwa ngu ANC ukuphucula izimpilo zabantu besifazane nolusha nabaphila nokukhubazeka.
Lokhu kucace bha lapha bekuhlangene khona isigungu sabantu besifazane (Round table) eSishayamthetho sikaZwelonke bedingida izindaba ezizofezekisa lezizinhloso.
Ikunake futhi ukuthi uMnyango ka-Public Works ubune summit ebidingida zona futhi izindaba zabantu besifazane nolusha ukuze bakhule njengosoNkontileka.
LeNdlu inquma kanje:
Ukubongela uhulumeni ohlwa nguMsholozi uphinde ubongele uNdunankulu uSenzo Mchunu ngokuhola esinoNgqongqoshe abakhuthele njengo Ravi Pillay abazaziyo izidingo zabantu befezekisa iphupho elikusomqulu weNkululeko lapha lithi “khona abantu bayokwabelana ngomnotho wezwe”.
[This House notes:
The commitment of the ANC-led government to improve the lives of women, youth and people living with disability;
This was vividly clear during the women’s round table forum in the National Assembly discussion issues that lead to the realization of these goals;
That the Department of Public Works held a summit which discussed women and youth issues so that they can grow as contractors.
This House therefore resolves:
To congratulate the government under the leadership of President Zuma and to congratulate Premier Senzo Mchunu for leading an Executive Council that has hard-working MECs such as Mr Ravi Pillay who are aware of the needs of the people and are working towards achieving the goals of the Freedom Charter where it says “people shall share the wealth of the country”.
5.15Mr EM Nkosi, 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.
5.16Ms MM Ntuli, ANC, to move:
LeNdlu inaka:
Ukudlondlobala kweMandela Marathon ekhula ngesikhulu isivinini. Kanti sibone isasasa kuyoyonke imigamu ebinqunyiwe 42km, 21km, 10km no-4.6km. Sibonge abaholi abanohlonze bebambe iqhaza phakathi kwabo u-Premier KZN uHonourable S Mchunu, former KZN Premier Zweli Mkhize, Inkosi Mandla Mandela yesizwe sabaThembu nokungumzukulu kaTata Rolihlahla Mandela namalunga eCabinet kanye namanye amalunga aleNdlu. Siphinde sibongele abagijimi besifazane ababonakalisa ukuzimisela okumangalisayo bengena begeleza njengamanzi kuyoyonke lemijaho. Kanye nesasasa labagijimi bakwamanye amazwe.
Le Ndlu inquma kanje:
Ukubongela bonke abanqoba nokuba lomjaho wesekwe njengoba uqukethe umlando walelizwe ukuzenalabo abadlalayo kulo hulumeni bahlale bekhumbula ukuthi safika kanjani la esikhona namhlanje.
[This House notes:
The growing popularity of the Mandela Day Marathon;
The interest shown in all distances (42.2km, 21.1km, 10km and 4.6km). We thank our prominent leaders who participated, who include KZN Premier Senzo Mchunu, former Premier Zweli Mkhize, Inkosi Mandla Mandela of the Bathembu clan and grandson of late President Mandela and members of the Cabinet and other members of this House. We further congratulate female runners who are showing amazing commitment entering these races in numbers. We also appreciate the interest shown by international athletes.
This House therefore resolves:
To congratulate all those who won and those who supported this race as it carries the legacy and history of this country so that so that everyone in this government can know how we got to where we are today.]
5.17Ms M Ntuli, DA, to move:
This House notes:
The passing away of Kenneth Mubu a member of the DA, and Member of the National Assembly but more importantly, a patriotic South African who was dedicated to serve his country; and
With with disgust and disbelief, the political immaturity of the Economic Freedom Fighters, who saw it fit to oppose a motion in the National Assembly, which sent condolences to Mubu’s family.
That this House resolves:
To pay tribute and honour and to send condolences to hon Mubu’s family and furthermore condemn the political attention seeking, grandstanding and immaturity of the EFF.
5.18Inkosi EM Buthelezi, IFP, to move:
LeNdlu:
Yadumala ngombiko wephephandaba i-Ugu Eyethu elabika ngenkulumo enohlalwane yeNkosi uNdwalane ngenkathi kufihlwa.
INkosi yathi ayivumi ukuba endaweni eyibusayo kubekhona abalandela elinye iqembu ngaphandle kwe-ANC; futhi iyazixosha nezinduna ezingalandeli uKhongolose.
Kuyadabukisa ukuthi umholi womdabu okufanele adale ubunye nokuzwana emphakathini abenguxovizwe. Indlela eyaziphatha ngayo yehlisa isithunzi seNdlunkulu kaZulu noBukhosi jikelele.
Ngaphezu kwalokho samangazwa ngukuziphatha kukaMnu. Lennox Mabaso oseziqoke njengoMkhulumeli weNkosi esikhundleni sokukhulumela uNgqongqoshe uDube-Ncube.
Le Ndlu inquma kanje:
Ukuyichitha inkulumo yeNkosi Ndwalane njengehlazo elehlisa isithunzi sesizwe.
Ukunxusa abaholi be-ANC ukuba bayikhuze iNkosi ukuba ihlukane nokudunga izwe.
Ukuyala uMabaso ukuthi nxa elobizela ukuba nguSombusazwe akaphumele eshashalazini.
[This House:
Is disappointed at Ugu Eyethu newspaper report about an inciteful speech that is attributed to Inkosi Ndwalane during a funeral;
Inkosi is reported to have said that he would not allow in his area to have people who are supporting other political parties other than the ANC, and will fire izinduna that are not members of the ANC;
It is sad to note that a traditional leader who is supposed to create unity and harmony in the community is divisive. His conduct compromised the dignity of the Royal Household and the Zulu kingship in general.
We were further shocked by the conduct of Mr Lennox Mabaso who appointed himself as the spokesperson for the inkosi instead of being MEC Dube-Ncube’s spokesperson.
This House therefore resolves:
To condemn Inkosi Ndwalane’s utterances as a disgrace that is compromising the dignity of the nation;
To call on leaders of the ANC to ask Inkosi to desist from dividing the nation;
To advise Mr Mabaso that if he yearns for being a politician, he must come out to the open.]
5.19Mr EM Zungu, NFP, to move:
This House notes:
That throughout the province and the country, we are witnessing unprecedented levels of rape and murder;
Last week a four year old girl was found raped and hanged in Waterloo and Monica Miya from Bergville was found raped and killed; and
It is clear that we need to strengthen our criminal justice system to deal with crime more effectively.
This House therefore resolves:
That a national referendum must be held on the reintroduction of the death penalty and Section 11 of the Constitution, which deals with the right to life must be amended to allow for the death penalty in cases where premeditated murder and rape has been established.
5.20Mr HF Motala, IFP, to move:
This House notes:
That towards the end of woman’s month, a woman was allegedly killed by her husband using two hand grenades;
The member is known to be a former member of MK; and
He could still be in possession of military weapons and be a danger to civilians.
This House therefore resolves:
To call on the MEC for Community Safety and Liaison and the provincial commissioner to speed up the investigation so justice can prevail.
5.21Ms LC Bebee, ANC, to move:
LeNdlu:
Ihalalisela umphakathi wasoLundi, eMahlabathini, kwaNongoma ne Melmoth ongasezuhamba amabanga amade eyofuna usizo lwe-dialysis e-Richardsbay emva kokuthi uNkosazana Maphumulo evule umtholampilo ozosiza lemiphakathi emva kokuthi inkampani ayesebenza kuyo yavalwa. Indeed kuyiqiniso ukuwa kwenye indlu ukuvuka kwenye.
Ngakho-ke leNdlu inquma kanje:
ukubonga uHulumeni ka Khongolose ngokukhulula lelizwe ukuze imfundo ingakakhethi ukuthi umuntu ufundelani, ingakhethi ibala lomuntu kanye nobulili. Umuntu ukhethe umkhakha awuthandayo, osiza abantu abantulayo okuyithi ibala elimnyama kakhulukazi.
[This House:
Congratulates the community of Ulundi, Mahlabathini and Nongoma and Melmoth who will no longer travel long distances to seek dialysis help in Richards Bay after Ms Maphumulo opened a clinic that will assist these communities following the closure of the company she once worked for. It is true that the closure of that company has opened a window of opportunity for these communities.
This House therefore resolves:
To thank the ANC-led government for liberating this country so that people can choose any field of study without discrimination on the basis of colour or gender. A person can choose studies of their choice, a field of study that will uplift the poor, especially black people.]
5.22Ms BN Sithole-Moloi, ANC, to move:
This House notes:
That August is a historic month that the country celebrate heroines and highlight the plight of women.
The number of women that have been brutally murdered during this month is disturbing. That of the school principal, Lesego Mohoase SANDF clerk and many others.
This indicates that there is lack of peace and safety in the house, at work and in the community.