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Consideration of report of PC on Public Works on Expropriation Bill – Address by Mr ML Filtane, MP in Parliament

Honourable Speaker and members Chapter 2, section 9 and subsection 3 of the Constitution provides, “The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race…”. Most relevant to the debate this afternoon is section 25 of the constitution. Subsection 7 provides, “A person or community dispossessed of property after 19 June 1913 as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to restitution of that property or to equitable redress”. I may as well, and of importance, refer to subsection 8 which provides, “No provision of this section may impede the state from taking legislative and other measures to achieve land, water and related reforms, in order to redress the results of past racial discrimination, provided that any departure from provisions of this section is in accordance with the provisions of section 36(1)”. The balance of the bill currently debated, seems to lean more towards the provisions of section 25 (7) to an extent that it may, by default, border on not satisfying the provisions of section 9 (3) read together with section 25 (8). This being the case, we argue that the bill requires to be balanced such that it does not exclude such people whose property was dispossessed before the set date. This may be contrary to the provisions of section 9 (2). In any event, as it may be, a substantial amount of property was dispossessed before 19th of June 1913 and the bill will exclude such. . It should be remembered though, that the dispossession of properly was already moving towards the 3rd century of its existence. Many wars of resistance were fought to resist this cruelty. It is our submission that for our eye to be able to serve justice and achieve the objectives of this bill, it must be stretched to the point of beginning. By accepting the bill as it is, government would unintentionally and unavoidably exclude all ownership of unregistered rights prior 1913 and also permanently protect the registered ownership rights prior 1913 from this bill. One would never be able to expropriate the latter properties. This consequence is diametrically opposed to the very purpose of this bill, which is to address land reform needs and speed socio-economic transformation. The second important matter, is that there has been no report confirming the state’s financial viability to be able to buy out the intended expropriates, in accordance with Regulatory Impact Assessment (RIA).  One only needs to look at the extremely slow pace of current Land Restitution process under the Department of Land Reform and Rural Development. So passing the bill will be tantamount to an exercise in futility. Thirdly, whereas the state would have authority to immediately take possession of property in the case of Urgent Expropriation, on the other hand, an expropriatee under normal circumstances, who may have an urgent need to vacate the property, and thus avoid further maintenance expenses, has to give the state a notice of no less than 20 days to vacate the property. This treatment of an expropriatee is out of balance with that of government faced with similar circumstances. This is a form of unjust treatment by government. Our Bill of Rights is against this imbalance. Accordingly, the UDM does not support the Bill in its current form and suggests that it be reconsidered to, take care of the issues raised above. In fact, the issue of land should be high in the agenda of the Economic Transformation Indaba we proposed during the debate on SONA. Thank you

UDM condemns service disruptions by ANC in Ingquza Hill Municipality

The United Democratic Movement (UDM) condemns the disruption of public services due to internal strife amongst the African National Congress members in the Ingquza Hill Municipality. Most affected areas include ward 21 eMcobothini, ward 20 Hombe, and ward 16 Nkunzimbini. It is reported that this problem started three weeks ago when community members affiliated to the ruling party were not pleased with the Ward Councillors that are deployed in the affected areas. This has led to the angry members to take to the streets, blocking the streets with big stones leading to pupils not going to school, burning tyres and in some schools teachers were forced out of classes by these members. Today, many shops in town were forced by the protesting community members to close down. This only means that businesses and owners who have nothing to do with the turmoil within the ANC are also negatively affected. We will not tolerate the abuse of innocent people by the ruling party and its members. Their in-fights must not affect the ordinary person in the street. As the UDM, we condemn this action that has led to many disruptions in Ingquza and calling upon the ANC leadership in that area to intervene and solve whatever problems they are faced with. People have a right to free movement. Statement issued by: Mr Bongani Msomi UDM Secretary General

SONA Debate: UDM comments on the reply by the President

The United Democratic Movement welcomes the comment made by the President in response to our call for an All-Inclusive National Economic Transformation Indaba. Notwithstanding his fears, we remain convinced that South Africans from all political and socio-economic persuasions are prepared to do everything possible for the growth and development of our economy. As South Africans did with the political transition, decided to embrace each other irrespective of different ideological positions and a painful experience, surely there is a possibility that they can find each other on the economic ground. The fact that captains of industry are not only prepared but ready to engage with labour movements, all parties confirmed the need for something drastic to be done in the economic front, should be a positive indicator. In any event, South Africa has been able to find each other on the National Development Plan. Indeed and as we have proposed, the process towards the Indaba should be preceded by a National Summit which shall agree on the national framework that will guide the Indaba and reduce areas of disagreement. Such will address his fears. However, the fact the President elected not to consider the following, has appalled UDM. 1. Whilst the President has re-iterated government’s commitment to fight corruption, we thought that he would specifically provide leadership on the questionable transactions taking place in the Public Investment Corporation, where pension monies of the poor working people are flowing into the back pockets of the cronies of the ruling elite. These include the deals done to benefit amongst others, the consortiums called Kilimanjaro Sakhumnotho and a not-for-profit organisations, “Global Fund for Christ”. These include provided funds of many of the ex-mine workers who have been marching between the Union Buildings and Parliament with no answer. 2. This also includes the crisis in the Construction Education and Training Authority, where corruption whistle blowers are reported to SACP leaders for reprimand. The levies paid by poor workers are being abused just under the nose of the Minister of Higher Education and Training who is an SACP chief. 3. The abuse of public funds through the so-called ‘War on Leaks Project’ launched by the President in Port Elizabeth, where only those young people associated with the ruling party gets jobs. Effectively, this projects funds campaign activities of the ruling party’s volunteers. We thought that the President would condemn the usage of public money by government leaders of the ruling party assisted by government officials. We also thought that the President would take the nation into his confidence and explain why after such painful experience the country has gone through due to his actions, he remains in office. This is so important given the fact that some of these actions have compromised the national legislature and members of the cabinet. In this regard, UDM shall continue to make a call for the revolutionary consciousness of Mr Zuma to prevail and for him to vacate the Office of the President with dignity. Statement issued by: Mr Bantu Holomisa, MP UDM President

Bantu Holomisa writes to the Speaker of the NA re Gupta Family

• Mining Minister’s Gupta Trip • Name: Van Rooyen’s two Gupta ‘advisers’ who almost hijacked SA Treasury • Duarte denies abuse of office • Why the Gupta family’s alleged deal with Denel is dubious • Denel and Gupta venture ‘illegal’ • Gupta-Zuma Firm gets 10th of Richards Bay Coal Export Rights • Nuclear energy: Gupta’ power play (Shive Uranium) Dear Honourable Speaker THE THREAT PRESENTED BY THE GUPTA FAMILY TO THE SECURITY OF THE COUNTRY’S RESOURCES. The widely reported proximity between our head of state and the Gupta Family has reached unprecedented proportions and therefore demands an immediate intervention by an appropriate national legislative body. The reported transactions, some of which are attached, exposes that critical and strategic industries are targeted for influence and capture by this family and its associates, chiefly amongst others being the son of the President. Further disturbing reports are that, the cabinet seem to have been co-opted to an extent that they are obliged to be paraded during breakfast shows of SABC 2, organised by the New Age of the same family. These breakfast shows are directly funded by State Owned Enterprises (SOEs) yet our public broadcaster (SABC) gets zero and all the millions go to the Gupta family. The capture and control of the cabinet by this family has since gone beyond the breakfast shows, today the nation knows that, recently, the Minister of Mineral Resources accompanied this family to Switzerland to help snatch yet another coal mining deal. Already, some of the members of the cabinet are publicly undermined and embarrassed; as witnessed in the recent illegal joint venture with a State Owned Enterprise, Denel without the knowledge of the minister and compliance with the relevant regulatory framework, (PFMA) of our country. We are now told that the same family is snatching another coal exports rights through Richards Bay Coal Terminal. Once again, a direct family member of the President is part of this, we read. During the turmoil in our National Treasury caused by an abrupt and most devastating decision to unceremoniously remove a performing minister; the one-week minister came carrying as his hand bag, two so-called advisers, with highly questionable academic qualification, and not only allegedly linked to the same family, but one being a son in law of the Deputy Secretary General of the ruling party. These disturbing reports are a source of discomfort and threat to the already devastated economy of the country. They further undermine, the confidence of both local and outside investors. There is no reasonable and mindful business person who would be encouraged to invest his or her wealth in a country whose economy is run by a family. In this regard, the United Democratic Movement, request the Office of the Speaker to direct the Joint Standing Committee on Intelligence to conduct hearings based on amongst others, these serious reports and allegations which are already undermining our economy and the country’s security. Kindly find attached reference articles listed above. Kindly advise Mr. Bantu Holomisa, MP President of the United Democratic Movement

SONA Debate: contribution by Mr Lennox Gaehler, MP in the Joint Sitting of Parliament

Honourable Speaker, President and Honourable Members The drought that has visited our land has affected big, small, formal and informal farming sector, depending on their proximity to a scarce source of water. In this regard, United Democratic Movement suggests that, drought relief interventions, whether at a planning or implementation stage, should deliberately target the small and informal farmers too, as their contribution in providing food security and fight poverty, is relevant and significant. Honourable Speaker the infrastructure needs of a country present themselves as an opportunity and threat, while we want to position our country as an investment destination but the dire need for infrastructure remains a repelling effect. We are happy that transport infrastructure was identified as a catalyst for economic growth, but the sad reality is that this has just become an academic exercise, because if you go to the Eastern Cape, for instance, and ask for a transport infrastructure master plan, you shall find none. In addition, the socio – economic infrastructure of the rural areas does not keep up to standard, to respond to the ever increasing demands. The current interventions are insufficient as they tend to benefit urban areas. In this way, a better rural livelihood will be difficult to realise. In this regard, the UDM suggests that a realistic, reasonable and requisite Rural Infrastructure Development Grant be created. Such a grant will first help to address the rural infrastructure backlogs and unlock the great potential located in the rural areas. Masigxinisise kuphuhliso lwasemakhaya ingakumbi kwimicimbi yendlela, umbane, amanzi acocekileyo, nezonxibelelwano. Madam Speaker, as the campaign for the Local Government Elections has started, we call for an end to the blandishments of basic services to sway votes in favour of the ruling party. Already, we have witnessed government activities, being turned into party rallies, at the expense of other citizens. In these government activities, party members and officials in full regalia of their party intimidate other members of the public and openly campaign on a government platform. Food parcels and Expanded Public Work jobs, like the ‘War on Leaks Project’, in Port Elizabeth, are already campaign instruments. Such abuse of a public office is a breach of oath, a neglect of citizens and it undermines the Constitutional rights of the people in particular the indigent. Makuyekwe ukusetyenziswa kwe-mali zabahlali xa kukhankaselwa iivoti. Wonke ummi weli lizwe unelungelo loku thatha inxhaxheba kuphuhliso lwelizwe noku-xhamla kuwo onke amathuba emisebenzi yase kuhlaleni. Thank you

2016 SONA debate: contribution by Mr Bantu Holomisa, MP

ADDRESS BY Mr BH Holomisa MP IN PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA   Hon Speaker, Hon President and Members The South African economic situation demands that we adopt an approach that is all inclusive and pragmatic. One of the credits to our country is our ability to resolve challenges through dialogue. Perhaps in resolving the current economic crisis, we need to borrow from our recent past. CODESA delivered political liberation with more still to be done on economic front so that we can have a binding consensus on the macro-economic policy of the country. In this regard, the United Democratic Movement suggests: • That an all-inclusive National Summit be convened to develop and adopt a framework to guide all role players towards a National Economic Transformation Indaba whose resolutions will result to a progressive amendment in the current legislative regime. The proposed Economic Indaba must emerge with a comprehensive blue print of a road to be traversed by the country in dealing with such matters as land, education and skills development, black economic empowerment. Madam Speaker – the security of the worker’s pension needs immediate attention. Given that the Public Investment Corporation (PIC) seems to be a sources of questionable deals for cronies of the ruling elite through amongst others, consortiums like Kilimanjaro Sakhumnotho and some not-for-profit organisations like the “Global Fund for Christ”. In this regard, UDM suggest to all contributors to the Pension and Provident funds, to consider establishing an Independent National Pension Fund Forum, to amongst others: • Monitor investments, auditing and usage of their monies by the Public Investment Corporation and other Financial Institutions. We further propose that a task team led by a retired Judge be established in order to: • Investigate all complaints from ex-mine workers who have been marching to Parliament and Union Buildings, demanding information on their provident funds, allegedly not paid either by the state and or their employers. Madam Speaker, a widely publicised offer by the President to bring finality to the Nkandla saga in the interest of national unity is noted. There is no doubt in any body’s mind that the Nkandla saga has affected many individuals and institutions adversely due to his handling manner against many advices. As we speak, this has affected the trust and confidence of many Public Representatives in this house, who felt abused during this process. In this regard, we appeal to his revolutionary consciousness as a patriot with unquestionable struggle credentials, to place the interests and unity of the nation first and vacate the office with dignity. Further and to avoid another embarrassing sitting President, scoring own goals, the house must demand the long-time promised Ministerial Handbook for scrutiny. South Africans, whilst SONA was very lean on corruption, billions that were supposed to help improve our social ills in this country is being looted left and right. A new phenomenon has emerged through SETAs which are used to divert skills development funds to bottom-less private pockets. Employees who are suspected of blowing the whistle, on alleged corruption against the CEO of the Construction SETA, are either expelled and or suspended in droves. To make things worse, some of these employees were paraded and humiliated when they were taken by the CEO and Chairperson of the Board to an outsider, the Provincial Secretary of the SACP in KZN. The victimised employees have appealed to the Presidency without success. Surely, South Africans, we cannot allow SETAs and the Department of Higher Education and Training to be an SACP employment bureau and a funding vendor. I thank you

UDM SONA Expectations

Statement issued by UDM President Bantu Holomisa The United Democratic Movement expects the President to outline: How is the government going to bring concrete and realistic solutions to our economic woes: Instead of the consumptive policies that the current leadership is obsessed with characterised by targeted corrupt consumption like in the case of pension fund in which Nedlac failed to play its role. It would be a bold and positive stance if the President was to announce the appointment of a steering committee to prepare framework for an inclusive Economic Indaba, which would among others, come up with a comprehensive and implementable plan with time frames to take our economy forward. High on the agenda of the Inclusive Economic Indaba would be the issue of land, role of the state, business and labour in addressing the triple challenges facing the country, being unemployment, inequality and poverty. The SONA must also provide an answer to the questions: • How can we make sure that we invest on the majority citizens of this country as opposed the so – called BEE deployees who have no control and ownership of the economy; • How do we deal with tensions between labour, government and business; and • How do we extricate ourselves from the tinge of corruption, sadly perpetrated by country’s leadership. End

Zuma must go

Zuma has no respect for the people of this country. He has embarrassed his own colleagues in the ruling party, in the process compromised the morale fibre of this country. His pronouncement is nothing less of electioneering. The people of South Africa must continue to hold the President and government to account. His attempt to want to avoid further embarrassment and ridicule by the Constitutional Court, should be rejected at all costs. The Constitutional Court must proceed to confirm powers of the Public Protector. We reject his reference to AG. Public Protector’s remedial actions must not be amended by Zuma who is the main culprit. Public Protector said figures must be determined by National Treasury and SAPS not AG. In the meantime ANC must do us a favour and call him back. He is a liability. South Africa deserves better. Statement issued by UDM President Bantu Holomisa