Prepared Replies to Oral Questions by President Jacob Zuma, National Assembly, Thursday, 17 March 2011

1. Ms J L Fubbs (ANC) to ask the President of the Republic:

What are the benefits of being a member of the Brazil, Russia, India, China and South Africa (BRICS) group with regard to (a) trade, (b) productive investment, (c) industrialisation, (d) value adding along the productive chain exports and (e) the priority of accelerating employment? NO827E

REPLY:

We are greatly honoured by the invitation to join the Brazil, Russia, India and China grouping.

The invitation indicates the high regard with which our country is viewed internationally.

We will attend our first BRICS Summit on the 14th of April as a member, which will be held in Sanya, in the Hainan province of China. 

We have also been invited to attend and address the 10th BOAO Forum for Asia on the 15th of April, an equivalent of the World Economic Forum's Davos meetings, but focusing on Asia only.

This provides an opportunity to communicate our priorities as well as opportunities.
 
BRICS is an important grouping to be part of given the role of emerging economies in advancing the restructuring of the global political, economic and financial architecture into one that is more equitable, balanced and which rests on the important pillar of multilateralism.

We also see the Non-Aligned Movement and the G77 as important for South-South interaction, especially within the framework of the United Nations. 

South Africa and BRICS member states already collaborate and will continue to work together closely in various international organisations and formations such as the United Nations, the G-20 and the IBSA Dialogue Forum. 

All BRICS countries serve on the UN Security Council as permanent or non-permanent members. This augurs positively for enhanced cooperation efforts on issues of common interest.

In addition to BRICS, we also value our membership of the India, Brazil and South Africa group or IBSA.

This mechanism is important not only for enhancing our trilateral partnership with India and Brazil, but also as an important pillar for strengthening the muscle of the South in global affairs.  We believe that the IBSA will get a better balance, and become even stronger, with South Africa now as a member of the BRICS, more especially since the mandates of BRICS and IBSA complement each other. 

It is important to note also that IBSA and BRICS provide a link with the African continent for the two groupings, and strengthens our position as a gateway to Africa.

The groupings offer a big lucrative market for our goods and services and lots of opportunities to implement our Industrial Policy Action Plan and the New Growth Path framework. 

We will actively promote trade and investment which enhances industrialisation and promotes job creation.
 
We also cooperate as members in the areas of finance, agriculture, statistics, justice, development finance institutions, business development and exchange as well as academia.

New areas of cooperation within BRICS are being explored in science and technology, culture, sport, climate change and energy.

The scope is very wide to cooperate on various projects within the BRICS structures, in the areas referred to by the Honourable Member.

2. The Leader of the Opposition (DA) to ask the President of the Republic:

Whether, in light of the Public Protector's findings on 22 February 2011 that the conduct of a certain person, (name and details furnished), was improper, unlawful and amounted to maladministration, the said person is still fit to serve the country in his current capacity; if not, what is the position in this regard; if so, what are the relevant details? NO632E

REPLY:

I have received the Public Protector's report and I am studying it. 

I am also awaiting reports from the Minister of Justice and Constitutional Development and the Secretary to Cabinet who are already in discussion with the Public Protector on the issues she has raised. 

Once I have received all the outstanding information I shall consider the matter and decide what steps, if any, need to be taken. 

I am therefore not in a position to fully answer the question posed by the Honourable Member yet, as that would be tantamount to pre-judging the issues.
 
Let me emphasise that Government holds all our Chapter 9 institutions in very high regard. We uphold the Constitution of our country and value these institutions that support our democracy.

The fact that we have such independent institutions to whom members of the public can refer cases of alleged maladministration or any other concern demonstrates the successes of our democracy in only 17 years of freedom.

It is a reminder of what we have achieved as a people after more than a century of colonial oppression and apartheid. 

Government will cooperate with the Public Protector and take this matter to its conclusion.

3. Mr M G P Lekota (Cope) to ask the President of the Republic:

Given the history of this country where people who were fighting for freedom were killed by an undemocratic regime, what are the reasons for his Government's initial silence when the regime of Colonel M Gaddafi killed hundreds of people who were rising up against his regime? NO790E

REPLY:

Honourable Members,

South Africa does not operate in a vacuum on international matters. It operates within the ambit of the African Union and the United Nations.

We regarded the Libyan situation very seriously from the beginning and Government has not been silent or inactive on this matter.

We began engaging with other Heads of State and Government on this matter when events started unfolding, as we were very concerned about the situation.

The South African government has also spoken out on various platforms on this matter. We called on all parties involved to exercise restraint in order to prevent further loss of life.

We also called on the Government and people of Libya to seek a speedy and peaceful resolution to the current crisis in accordance with the will of the people. 

Furthermore, on the 26th of February 2011 at the United Nations Security Council, the South African government, through its Permanent Representative, Ambassador Baso Sangqu, condemned the loss of civilian lives in Libya.

The Minister and Deputy Ministers of International Relations and Cooperation as well as other Government representatives have also spoken out on the loss of life in various public forums.

We have also expressed our views directly to the Libyan leader, Colonel Muammar Gadaffi, regarding the unacceptable violence and loss of civilian lives.

The AU is seized with the matter and South Africa will work under the guidance and leadership of the AU.

The AU has appointed a High Level Panel consisting of Uganda, South Africa, Republic of Congo, Mauritania and Mali to attend to the matter.

Given the urgency of the matter, the Panel has begun its work.

4. Mr N J Njikelana (ANC) to ask the President of the Republic:

(a) What outcome will he set out to achieve at the 17th Conference of Parties (COP 17) in eThekwini later this year and (b) how will such an outcome build on the successes of COP 16? NO828E

REPLY:

The process towards finding an outcome for the 17th Conference of the Parties is still under discussion. 

As you are aware, Mexico is still President of the 16th Conference of the Parties until the start of the 17th Conference on the 28th November 2011, where-after, South Africa will take over the Presidency. 

In the meantime, South Africa will work closely with Mexico towards reaching a good and favourable outcome, especially for the developing world which primarily bears the brunt of climate change, aggravated by high levels of poverty.
 
The outcome will also be informed by consultations, with other key international players as well as participation in the various meetings on the issue in order to build consensus towards an outcome. 

Part of the outcome would certainly include the implementation of the Cancun Agreements, which was the outcome of the 16th Conference of the Parties.

In the main, South Africa will seek to address the ultimate objective of the United Nations Framework Conference on Climate Change, which is to reduce human-induced green house gases. 

This however should not work against poverty eradication. 

Furthermore South Africa would work towards strengthening multilateralism and to find ways to ensure that issues of development are taken into account. 

South Africa will be seeking an outcome that is fair, equitable, implementable and effective.

We have appointed an Inter-Ministerial Committee that is helping the country to prepare for this significant event, at both the logistical and content levels.

We will do our best to give the world a good, productive and successful conference.

5. Mr V B Ndlovu (IFP) to ask the President of Republic:

(a) What is the Government's position with regard to the Ivory Coast's election stalemate, (b) what is the rationale for this position and (c) how does it relate to the positions of the African Union and the Economic Community of West African States? NO774E

REPLY:

The African Union Peace and Security Council (AUPSC) issued a Communiqué on the findings of the High Level Panel on Cote d'Ivoire on 10 March after its 265th meeting in Addis Ababa. 

The Council reaffirmed all its previous decisions on the post‐electoral crisis facing Côte d'Ivoire since the second round of the presidential election, on the 28th of November 2010.

It recognised Mr. Alassane Ouattara as the winner of the Presidential elections in the Republic of Côte d'Ivoire.

South Africa fully supports the position taken by the African Union on the 10th of March, namely that Mr Ouattara is recognised as the winner,  which is a reaffirmation of the position of ECOWAS.

We also support the AU's quest to find a peaceful political solution to the current crisis.

We are all of one mind on the way forward towards a sustainable political solution.

6. Mr M H Hoosen (ID) to ask the President of the Republic:

Whether the Government supports the use of national demographics as the determining factor for affirmative action, irrespective of the demographics of a particular province or region; if not, what is the position in this regard; if so, what are the relevant details? NO832E

REPLY:

South Africa has emerged from a history of racial oppression and exclusion.

Given the need to ensure inclusive and sustainable economic growth and development as well as social cohesion, the democratic government continues to promote employment equity and diversity in the South African workplace. 

This is the reason why amongst our statutes we have the Employment Equity Act, of 1998.

The law states that in determining whether an employer is implementing employment equity in compliance with this Act, the Director-General  or any person or body applying this Act must amongst other factors, take into account the "demographic profile of the national and regional economically active population (EAP)".

The proposed amendments contained in the Draft amendment Bill currently being negotiated at NEDLAC, seeks to achieve a number of objectives.

Amongst these, it is to ensure that all designated employers report on progress in implementing their Employment Equity Plan on an annual basis.

Another is to promote more effective compliance and enforcement.

It also seeks to make the assessment of compliance less cumbersome and, where relevant, to make the assessment of equitable representation to be in relation to occupational levels and not categories.

Government will work very closely with the State Law Advisors to make sure that the final Employment Equity Amendment Act is in compliance with the South African Constitution before it is signed into law.

It is important to note that the proposed changes to the law, in the Employment Equity Amendment Bill, refer to the "demographic profile of the economically active population".

The amendment removes both ‘regional' and ‘national'.

As stated recently, the reason for the removal of the two elements is that employers have been enquiring over the years from the Department of Labour how they should implement both regional and national demographics of the economically active population in their workplaces.

As a result of these enquiries, the change is being proposed.

The intended outcome of the new proposed amendment is that the employers will have the flexibility to decide whether to use regional or national demographics depending on their operations.

We reiterate our assertion that these changes do not in any way negatively affect the employment opportunities for the Coloured or Indian population.

In fact, the law will make it easier for employers to comply with the law and create more job opportunities for all the designated groups.

It is intended to open more job opportunities.

Issued by The Presidency, March 17 2011

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