Question:
52. M Khawula (IFP-KZN) to ask the President of the Republic:
(1) How many (a) Ministers and (b) Deputy Ministers are members of the opposition parties;
(2) whether these (a) Ministers and (b) Deputy Ministers were appointed based on a skills criteria and/or other qualifications; if not, what is the position in this regard; if so, (i) what are these qualifications and (ii) what are the further relevant details;
(3) whether this arrangement is similar to the Government of National Unity of 1994 in respect of constitutional obligations; if not, why not; if so, what are the relevant details? CW81E
Reply:
(1) The Deputy Minister of Science and Technology, Zanele kaMagwaza-Msibi, is the only member of the national executive who is a member of an opposition party.
(2) Sections 91 and 93 of the Constitution of the Republic of South Africa, 1996 give power to the President to appoint Ministers and Deputy Ministers and the President uses his prerogative to make the appointments.
(3) The procedure of appointing Ministers and Deputy Ministers is not similar to the Government of National Unity of 1994. The Government of National Unity was an interim arrangement in terms of sections 88 and 94 of the interim Constitution of the Republic of South Africa, 1993, Act 200 of 1993, which was repealed by the Constitution of the Republic of South Africa, 1996.
Question:
249. S.J.F Marais (DA) to ask the President of the Republic: Did he obtain a legal opinion before he signed the Infrastructure Development Act, Act 23 of 2014; if not, why not; if so, what are the relevant details? NW327E
Reply:
The Constitution of the Republic of South Africa, 1996 (the Constitution), requires that the President must assent to and sign a Bill referred to him by the National Assembly. However, in terms of section 79(1) of the Constitution, if the President has reservations about the constitutionality of a Bill, he may refer it back to the National Assembly for reconsideration.
After considering the Infrastructure Development Bill, I was satisfied that the Bill can be assented to and signed into law.
Question:
923. D.W. Macpherson (DA) to ask the President of the Republic: In light of the fact that the economy lost 122 000 jobs in the first quarter of 2014, what action will he take to (a) stimulate economic growth, (b) stop the contraction in the manufacturing sector, (c) improve the country's credit rating, (d) curb labour unrest and (e) reduce inflation to ensure that the National Development Plan's target of 5 million new jobs by 2020 is a realistic goal? NW989E
Reply:
The job losses in the first quarter of 2014 was reversed in the second quarter, when the economy gained 39 000 jobs. In the year to the second quarter of 2014, employment therefore climbed by 403 000. As a result, from the third quarter of 2010, when the New Growth Path was adopted, the economy has gained almost 1.4 million new jobs.
I am advised that jobs losses in the first quarter often reflect seasonal fluctuation. On average, since the Quarterly Labour Force Survey was launched in 2008, the economy has seen a 0.5% fall in employment in the first quarter, with compensating growth in the rest of the year.
Our key economic policies are now very directly aimed at stimulating inclusive growth, job creation and greater economic equality and opportunities for our people.
The National Development Plan sets an employment target for 2030 and the implementation strategies are designed to help achieve these.
Key elements in our programme to stimulate economic growth include:
- The National Infrastructure Plan which, in the last Administration, saw the largest public investment in any five-year period since at least the 1960s;
- A local procurement drive to ensure that government purchases have the greatest possible multiplier effect and stimulate industrialisation;
- Stretch targets to expand post-secondary education substantially combined with measures to facilitate the immigration of skilled people in the short run;
- Doubling of industrial financing available through the Industrial Development Corporation and Small Enterprise Finance Agency, as well as various Department of Trade and Industry funds; and
- Targeted sectorial strategies under the Industrial Policy Action Plan.
Our full programme for radical economic transformation is included in the Medium Term Strategic Framework, in particular for Outcomes 4 (inclusive growth) and 6 (economic infrastructure).
The contraction in manufacturing employment remains a concern. Although the sector has seen an increase in production in the past five years, this has not been matched by growth in employment. That said, we should note that the main employment impact of manufacturing lies outside of the sector itself, in support services, producers of inputs (agricultural or mining) and retail sales as well as services for the workers in the industry itself.
There is however no doubt that manufacturing faces significant challenges currently, due especially to uncertain growth in Europe - a major market for our manufactured exports - and labour relations problems in one sector.
In addition to the implementation of the Industrial Policy Action Plan, under the Medium Term Strategic Framework we have committed to:
- Expanding trade with Africa, which is a key market for our light manufactures; and
- Work with the main economic stakeholders to address the roots of workplace conflict, which lie essentially in unfair inequalities in pay and facilities, a lack of career mobility for most workers and often poor supervisory practices.
Measures to transform the economy to bring about more equitable and employment friendly growth, and to improve overall economic governance, are the only sound way to improve our credit rating. These will be achieved by the package of measures outlined in the Medium Term Strategic Framework.
As noted, we are embarking on a process, led by the Deputy President, to work with stakeholders to improve labour relations.
The Medium Term Strategic Framework foresees that government will do more to manage administered price increase as well as preventing the abuse of prices for intermediate inputs.
Question:
940. A.M Shaik Emam (NFP) to ask the President: Whether, in view of the challenge of the high rate of violent crimes being faced in the country in respect of the murder of innocent children, rape, hijacking and armed robbery, the Government intends to call for a referendum on the reintroduction of the death penalty for serious crimes; if not, why not; if so, when? NW1040E
Reply:
The right to human dignity is guaranteed in section 10 of the Bill of Rights in our Constitution, as is the right to life in section 11. Section 12(1) (e) of the Bill of Rights also guarantees the right not to be treated or punished in a cruel, inhumane or degrading way.
The Constitutional Court in S v Makwanyane and Another 1995 (3) SA 391 (CC) described the right to life and dignity as the most important of all human rights and the source of all other personal rights found in the Bill of Rights. The constitutionality of the death sentence was dealt with extensively by the Constitutional Court in the Makwanyane case. The court referred to South Africa's past in which the State demeaned the value of life and dignity and therefore the State must take the lead in re-establishing respect for human life and dignity. It came to the conclusion that the death sentence was cruel, inhumane and degrading and inconsistent with section 11(2) of the Interim Constitution of 1993.
As in the Interim Constitution, the right to human dignity, the right to life and the rights not to be treated or punished in a cruel, inhumane or degrading way, are guaranteed in the Constitution of the Republic of South Africa, 1996. The Makwanyane judgment therefore remains relevant.
Furthermore, international and foreign law decisions regard the death penalty as a cruel and inhumane punishment, such as the International Covenant on Civil and Political Rights, decisions of the Human Rights Committee of the United Nations and the European Court of Human Rights. Many countries have abolished the death sentence as a penalty, including neighbouring countries such as Namibia, Mozambique and Angola.
I therefore wish to inform the Honourable Member that the Government does not intend to call for a referendum on the reintroduction of the death penalty for serious crimes.
