FILMS AND PUBLICATIONS AMENDMENT BILL SECOND READING DEBATE (NATIONAL ASSEMBLY)
[Unrevised Hansard, 14 June 2007]

Mr H P CHAUKE: Deputy Speaker, ladies and gentlemen, good afternoon. It is a privilege again to stand before this House to address the issues of films and publication. Since 1996 these issues have been very controversial. From the beginning when we decided to lift the ban on pornography in the name of freedom of expression we had problems throughout.

Therefore, in 2005 a conference was convened by the Department of Home Affairs in consultation with the Film and Publication Board in Port Elizabeth to address the current challenges that the board faces with regard to the issues distribution in particular on child pornography. That report was tabled in this Parliament and it was noted. Comrade Andries this reported was noted and not adopted. This means we still have to go back to that report at some stage.

The report addresses a number of areas that need to be looked at. Part of it addresses the issue to capacitate the Film and Publication Board. Clearly, this board could not cope with the work that it was faced with. Therefore, the board had to be capacitated. The confusion that has been created within the structuring of the board is that examiners were members of it and the people who were checking on how films are classified were themselves part of the board. Therefore, the Bill was proposing that we establish a separate body to look at the issues of governance.

When this Bill was tabled before that committee last year we decided to go on public hearings as a normal practise that the committee does, and we visited all the provinces in the country. Members of the public were given an opportunity to make their inputs. It was clear from their inputs that the issue of pornography on newspapers, televisions and cellphones was of great concern. If you look at the kind of gadgets that we use today, young children as young as ten can easily access pornography on their cellphones.

When you look at the television nowadays you have to sit with a remote control if you watch it with your children because time and time again pornographic material will be shown and you will have to switch off the television, or you will be embarrassed.

The problems of the media, and in particular what the Minister has referred to, the so-called tabloid newspapers. Here in the Western Cape we have the Daily Voice, where they deliberately distribute child pornography of children that are raped. Nobody condemns that and it is fine because it is in the name of freedom of the press.
The committee called the very newspaper to appear before it and to account for that, and they apologised. The same applies to the renowned newspaper called the Star. It advertised a black 12-year old, curvaceous Brazilian woman. The committee again called the editor of the Star newspaper and he appeared before the committee and apologised.

Clearly, this problem comes in the name of the freedom of the press; it comes in the name of freedom of broadcasters and cellphones. Therefore, even whatever we have tried to address in this Bill we have not as yet addressed the problem. Part of what the conference resolved was that there is a need to have a national debate on issues of pornography, because from 1996 when this whole thing started, it came in as an amendment.

Therefore, much time was not given on the issues that we have to grapple with today which you saw as Members of Parliament that even in front of Parliament there was an attempt to open this kind of business. It is a very big business that involves trillions and trillions of rands and I am not surprised that when we try to address this problem the DA will object. I am not surprised that it is only the DA that objects on what we try to address because of the interest obviously of business. [Interjections.]

The issue of consultations between the executive and the print media came in during the public hearings that we organised in Parliament. It was very clear that between the executive and the media there was no co-ordination in the manner in which they deal with the issues pertaining to the media. The committee has really made a call that there must be wider consultations between the print media and broadcasters generally with the executive in which the Minister in the Presidency has confirmed that they are engaging with Sanef.

But the broadcasters, the print media and the cellphones service providers in fact agreed that in their self-regulation they are going to look at this matter which is quite serious. We engaged with Icasa, and it agreed with us that it is not much of the terrain of Home Affairs to deal with issues of code of conduct because Icasa is in place to deal with issues of broadcasters. But, in the new development of a code of conduct Icasa is going to take into account the issues that we have raised as Parliament to make sure that within the code of conduct they address the issues as we see them.

The watershed period which e.tv insists very much that it is their terrain, therefore nobody should come in and advise them is something that is of a concern that as we engage e.tv and other broadcasters, either we need to extend it that this kind of material can only be shown at three in the morning or unless it has to be debated in the House here that the issue of pornography in free-to—air television is it necessary or not. These are things that we must engage on because if you look at the material that comes out of e.tv, not of same-sex marriages, but of e.tv, you will find that it is material that is harmful and abusive especially to woman. What one finds most of the time it is women who are at the receiving end, in particular white women. [Interjections.] She says she doesn’t mind. I thought that is what she says. [Interjections.] Shut up. 

Therefore, if you don’t mind, for us it is a concern because as the ANC we have a responsibility to build a society that is free from this kind of harmful material that we expose and abuse our women and children. Therefore, the call that I want to make in the minute I still have, is that let us a national debate on these issues, and the Minister has rightfully said that it is the of us trying to address this problem. Let us have a national debate and debate these issues of pornography. We need to debate whether there is a need to have pornography in the name of freedom of freedom of expression?  Is there a need to have pornography in the manner in which we see it and its impact that we see in the country? 

The media agrees that it is a problem that is why that within their own self-regulatory framework they will try to address this problem, but their interest is one, profit. Their interest is nothing else but profit. Therefore, as legislatures .

IsiZulu:
... baba, kufanele ukuthi senze imithetho ezokwazi ukuvikela izingane zethu nabantu besifazane ngoba yibo kakhulu okutholakala ukuthi bayasetshenziswa kulezi zinto ezinjena. Ngesintu, akuvumelekanga ukuthi ungabona umama ehamba nqunu laphaya emgwaqweni bese kuthiwa, “Hhayi, indlela ekahle futhi inkululeko yokuzenzela okuthandayo.” Akusilo isikompilo laseAfrika ukuthi umuntu osekhulile ahambe enqunu emgwaqweni noma enza lezi zinto abazenza komabonakude, phambi kwezingane zethu.

English:
Sex is something sacred and children should not be exposed to it. This is what we now do, we cry of child rape and all things we complain about and we forget that the people who distribute these things do that in the name of freedom of expression and the DA will stand up here today and reject this amendment because it encroaches on the freedom of expression and of the press, which is not true.

Currently, the print media and broadcasters are very happy of the outcome of what we have done. I am not sure as to whose behalf are you going to speak today, but they are happy that we were able to address their concern without infringing into the rights of media and the rights of broadcasters. [Time Expired.]

I want to thank members of the committee for the wonderful contribution you are making. Let us have this debate and let us engage. Thank you very much. [Time Expired.] 

Mrs S V KALYAN: Madam Deputy Speaker, the core mandate of the FPB is to ensure the protection of children by the classification of films, interactive games and publications which go out to the public. So when this amendment Bill was first presented in draft form, and the reasoning behind it was that it was aimed at rooting out and eradicating child pornography, one could not help but applaud the noble intention. No right-thinking person would support or condone any form of child pornography. [Applause.]

However, upon a closer, detailed reading of this draft Bill, it became clear that the original intention was not so honourable after all and that there seemed to be an attempt on the part of the drafters to muzzle free speech. The principal Act of 1996 exempts newspapers and broadcasters from having to submit material to the board for pre-publication approval. The proposed amendment wanted to end the exemption. This intended censure on newspapers and broadcasters was nothing short of the old style censorship typical of the apartheid era. Many public submissions spoke of a possible hidden agenda on the part of government to clamp down on media freedom.

The comment by the CEO of the FPB that it was her intention to create a regime to police the industry was indeed cause for concern and helped to confirm this perception. Broadcasters are regulated by Icasa, the Newspaper Press Union regulates newspapers so why the FPB felt the need to extend his own mandate, give itself extraordinary new powers and unconstitutionally at that, was beyond the comprehension of many.

Yet another mystery is how did the State Law Advisors certify this Bill? Do they not go through a basic check list first? It was always the contention of the DA that the removal of the exemption was unconstitutional and we declared that to continue deliberating the Bill as it was, was an exercise in futility. Fortunately, good sense prevailed and sanity as well, and the exemptions in respect of newspapers and broadcasters were reinstated and the right of appeal retained.

Clause 16 of the Bill requires that all films be classified. The manner suggested introduces prepublication censorship and this is unconstitutional. Classification of a film as a refused publication would prevent that film being broadcast on television and this is equivalent to a prior restraint on expression and constitutes a limitation on the freedom of expression. A film may be classified as refused if the film contains depictions or sequences of child abuse, propaganda for war or incites violence or advocates hatred based on any identifiable group characteristics, unless the film judged within context, is a bona fide documentary or a film of scientific merit on a matter of public interest. So virtually every movie or documentary of World War II would be refused or banned under this Bill. How ridiculous is that. The Bill as it stands increases quite substantially the scope of publications which must be submitted for classification. A pamphlet, which may have the mildest form of erotica, for example, breastfeeding or breast examination for cancer or a pamphlet on sexual health would be required to be submitted for classification.

Those HIV/Aids pamphlets issued by the Department of Health showing how to fit a condom would need to be classified. What about the life orientation booklets issued by the Department of Education? Pamphlets around sexual violence will need to be classified and will limit public discussion on vital issues. Surely this cannot be the intention of the Bill.

As the Bill stands, a simple publication disseminated by Sactu or Cosatu calling for their workers to engage in a strike or in mass action could be construed as incitement to imminent violence. It is unfortunate that the FPB in seeking to eradicate child pornography has altered classification categories and criteria so significantly that it could lead to self-censorship and stifle important sociopolitical debates central to a functioning democracy. The hon Minister of Housing spoke about which side of the road we are on. Minister, I’d like to tell you: It is a stop sign. The broadness of the classification criteria and the fact that it is so subjective and moralistic in that it decides for any liberal adult what is harmful sexual behaviour and classified accordingly, will, in reality result in many sexually explicit films surfacing on the black market. We should be promoting healthy sexual attitudes rather than encouraging people to break the law.

The principal Act was good enough as it was. A single amendment regarding the Internet, cellphones and its impact on child pornography would have been sufficient. Instead, the department chose to contaminate the principal Act and bring in provisions, which are already more than adequately covered in the current Act, the Constitution, the Sexual Offences Bill and the Equality Act. In doing so, free flow of information is significantly restricted.

The DA is not opposed to the introduction of tighter measures to control child pornography, but the Bill as it currently proposed does not actually achieve its objective and is open to constitutional challenge. Furthermore, the reality is that the FPB does not have the capacity to deal with own ambitious proposals in the Bill and is actually on the road to nowhere.

We note the absence of both the Minister and the Deputy Minister. If they are that serious about child pornography, they should have been here. And I would like to say that video outlets countrywide have voiced their concerns at the functioning of the FPB. A petition was drawn up and I was asked to forward it to the Minister. I will send it to her house.

The MINISTER OF EDUCATION: On a point of order, Chairperson, it is well within the Rules of Parliament for a member of the executive to request another member of the executive to represent them in a matter in the House. It is within the Rules. To suggest that the member of the executive for Home Affairs is abrogating responsibility, actually denies ... I am speaking to the presiding officer and not to the loud voices on the roof. It is within the Rules. 

The HOUSE CHAIRPERSON: I don’t think there is a dispute whether it is within Rules. I agree with you but I don’t think it is a point of order.

Mr W P  DOMAN: Madam Chair, may I also address you on the point. 

The HOUSE CHAIRPERSON: Excuse me, hon Doman, but the hon Minister was already there.

The MINISTER OF HOUSING: This is a point of order. I think it is completely out of order that the hon member should stand up there and not even have the hindsight of why these members are here and say the kind of things that she said. It is completely out of order. You are impugning the integrity of these members and they would not have made the necessary arrangements if they did not care.

The HOUSE CHAIRPERSON: Thank you, hon Minister. It is not a point of order.

Mr W P DOMAN: Madam Chair, I just want to point out that it is absolutely in order for the hon member to express her view on how she feels about the absence of the Minister and the Deputy Minister responsible for this portfolio. [Applause.]

Mrs I MARS   / END OF TAKE

Mrs S V KALYAN

Mrs I MARS: Chairperson, we all know and we do not have to go into this, how the original draft of the Film and Publication Bill caused enormous concern and debate not only within the affected media but within the public in general. On the onset of this debate we would like to reiterate our commitment to the constitutional definition of freedom of expression contained in section 16 of the Bill of Rights and also its limitations.

We would also say that we entered the debate wanting to exempting content in section 22(3) of the existing Bill to be retained. In our discussions with the media, and I must agree with the Minister, they were very robust, very informative and I for one felt that there was a very sincere commitment and possibly because of the amount of publicity this Bill has already received of a commitment by the print media to enhance itself regulatory processes and I would suggest to the committee and to all of us that we pursue this matter with them and stay in contact with them and share the discussion around this matter.

All the discussions we had were very open and constructive. We would like to say that despite all the extra meetings that were necessary to arrive at the conclusions we have today because the Bill extends child protection laws, criminalises creating distributing and possession of child pornography through internet and cellphones, internet and cellphones providers not longer being self-regulatory   and subject to offences for noncompliance with regulations we can agree with it.

I would like to separate issues here. Children pornography is a major issue not only in South Africa. It is a global issue which most of the country and I have looked at legislation, looked at debates on the subjects of pornography the answers are not there yet. 

On behalf of the IFP, I would want to record our commitment to finding workable solutions to limiting access by young people to all forms of pornography and I must say there is somewhat cynical description, we hope during our discussions that there was real pornography which should be stopped but it was alright to have virtual pornography. I mean all these things our children are affected and we have a duty to protect our children.

So, I have given you the reason why we support the Bill but I need to concentrate this. On the things that the Bill is doing and the things it does not do. And I am of course referring to controlling juvenile access to all pornography, of course, especially child pornography. We know juveniles have found ways to bypass existing access systems which are meant to prevent them from viewing pornography on the internet or cell phone. We have to realise that what ever new control systems will be designed they will try their utmost of bypassing them too. [Time Expired.] [Applause]

Mr L W GREYLING

Mrs I MARS

Mr L W GREYLING: Hon Chairperson, this Bill attempts to balance the rights of freedom of expression with the protection of children. This was never going to be an easy task and it must be said that there have certainly been some improvements made to the original Bill such as the restoration of exemptions. These exemptions however, only apply to the members of the Newspaper Association of South Africa. There are roughly 500 other publications in the country who are not members and have to comply with very honours conditions laid down by the act.

As the ID, we fully support the objective of the act to deal with the scourge of child pornography but we question whether this act will, firstly, adequately deal with the scourge and, secondly, whether the right to freedom of expression will not be severely curtailed.  We therefore at this stage cannot support the Bill and believe that its constitutionality should be tested in a court of law.

The ID agrees with the assessment of the chairperson that we need a national debate on this issue and that legislation like this should emanate from this debate rather than the other way round.  This is the approach of the ID is taking towards Mixit. We will be holding an international conference soon, to obtain the views of all parties on this issue. I thank you

Adv S N SWART

Mr L W GREYLING

Adv S N SWART: The ACDP has emerged as the unlikely champion in fighting to protect media freedom considering our opposition to all forms of pornography. In our view pornography is the theory but rape is the practise. In view of this approach one would have expected the ACDP to have supported the Bill as tabled. However, we shared grave concerns expressed by the media that the Bill as tabled would have amounted to prepublication state censorships of all print media and broadcast material. This would have severely restricted the media from being able to report on news items.

Television and radio broadcasters would have been required to submit all programmes to the board before broadcasting. All live news, parliamentary current affairs, sport and music coverage would have ceased.

The common good is best served by free flow of information. It is a vital function and indeed and duty of the press and other media to make available information of every aspect of public, political social and economic activity. The Constitution guarantees the right to freedom, of speech and expressly includes freedom of the press and other media. The media has a duty to investigate and be a watchdog of society and more particularly of government. It has played a crucial role in exposing crime, corruption, mismanagement and nepotism in both the public and private spheres. It is only where competing ideas of freely aired debated and challenged that the truth can be attained. As South African National Editor Forum pointed out, I quote: ‘The restriction on dissent opinion impoverished the search for truth’.

Vast of the majority party did not agree with all the ACDP’s proposal particularity to reinstate the total exemption with the media being subject to criminal suction relating to child pornography, we were able to persuade member do of the portfolio committee to accept certain vital amendments, not only exempting the press from private classification and criminal sanctions but also to strengthen the fight against pornography. We were however still concerned about the very broad hate speech provisions, and whilst the additional test was insisted we still believe that there could a constitutional challenge on this aspect.

In conclusion, we wish to express our gratitude to the chairman of the portfolio committee for being so indulgent and even allowing the ACDP at a very late stage to argue for the insertion of a very vital amendment. Whilst we still have reservation regarding constitutionality, we do believe that the Bill in its present form should be supported particularly in view of its fight and its aim for fight child pornography. We therefore, as the ACDP will support the Bill. I thank you. 

Ms S H NTOMBELA / END OF TAKE/ES/ JH

Mr S N SWART

Ms S H NTOMBELA: Chairperson, I don’t think that there is any rule that requires any Minister to explain his or her whereabouts. I just wanted to mention that one. Aristotle said: “At his best, man is the nobles of all animals. Separated from law and justice, he is the worst”. As the ANC led government we have long said that we are on a noble course and we will never allow our little beloved one to be exploited and corrupted by ruthless, irresponsible and careless people out there.

This Bill is long over due, in Sesotho

*** Language spoken has changed to Sesotho ***
E sehilwe ke nako.

*** Language spoken has changed to English ***
The noble objectives are to protect our kids from the potential dangers of the digital technology, especially pertaining to child porn. If we do not stand up as parents and responsible adults and say: “enough is enough” we are busy destroying ourselves and the future of our children. I don’t know what is DA doing.

If this government does not put its foot down of child pornography, displayed in the internet, cell phones, films, computer games and magazines we will go down as the most irresponsible government, which ever ruled this country, and we cannot afford that.    

Language spoken changed to Sesotho.
Ha re no idumella ntho eo.

*** Language spoken has changed to English ***
Furthermore, the Bill seeks to bring the broadcasters of the films within the scope of the Act so that there is a compliance. There should be a compliance officers who will monitor this business, which produces such dangerous material.  These officials should be given authority to enter any premises of distribution at any given time, for a purpose of requesting certificates of registration.

IsiZulu:
Akuna“mangamanga” lapha.

English:
This Bill further seeks to provide to the compliance of officers authority to examine or inspect the premises used for conducting businesses, ensuring that they comply with conditions stipulated by the Act. In addition, compliance officers should be given the powers to examine or inspect any film or computer game offered for sale.

One of the objectors to the Bills says: ”The proposed legislation is unconstitutional it reminds us of the past, it threatens the democracy and freedom for which many South Africans fought and lost their lives”. Is it true? It cannot be true. Chairperson, please, our brothers and sisters did not fight and die for the so call “democratic freedom” in order to corrupt our children. they did not die for the so called “democratic freedom” for a sexual exploitations, surely they did not die to make our beloved kids canning folders for the unscrupulous business people. It cannot be right, we are not going to allow it.       

*** Language spoken has changed to Sesotho ***

Batho ba heso, re keke ra kekisa bana ba rona jwalo ka Judas Siskariota lebitsong la tjhelete. Re keke ra e etsa taba eo.

*** Language spoken has changed to English ***

*** Language spoken has changed to Sesotho ***

Modulasetulo, bekeng e fetileng ha ke ne ke dutse le setloholo sa ka, se se kabang dilemong tse tsheletseng ho isa ho tse supileng, re shebeletse televishene. Ha re ntse re bohile, ha hlaha thobalano e tshabehileng, setloholo sa ka sa mpotsa sa re: “Mama, baetsang, na ebe ba ya lwana”?
*** Language spoken has changed to English *** What kind of a fight is that one. She also said:

*** Language spoken has changed to Sesotho *** Mama ke a kgolwa hore ena ha se resling. 

*** Language spoken has changed to English ***  It is embarrassing! How are you going to explain that to a six year old? Please, I do give my children an advise, so I do not want anyone to destroy them. 

*** Language spoken has changed to Sesotho *** Modulasetulo o tla ntshwarela, ka Sesotho manyala ke manyala, ha a dumellwe, mme ho tla dula ho le jwalo.

*** Language spoken has changed to English *** One little child said: “Parent you have a right to reprimand us, but please do not abuse us, as our mothers and fathers do not turn yourselves into our ememies”.

*** Language spoken has changed to Sesotho Ka Sesotho re re: “Thupa e kojwa e sa le metsi” setjhaba se sa hlompheng bana ba sona, se sa rateng bana ba sona, se tla ya timelong jwalo ka bona bana ba tseleng e yang timelong. Le ya ba bona le lona. ***

*** Language spoken has changed to English ***
Most of our objectors, especially business, are mostly worried about the effect of the Bill to their businesses. This government is more worried about building the society that is stable. I don’t want to comment about the dissatisfaction that a pick up from the members in here, because the very same person who is busy shouting “Ka bana ba mang mebileng?” because that person knows the reality very well, the person is just doing this to satisfy somebody.

CHAIRPERSON: Hon Member please take you seat.  

POINT OF ORDER!

Mr M B SKOSANA: Thank you Chairperson,

Language spoken changed to Sesotho:
Ke tshwareha hampe ha ke utlwa kgono are sheba ka mona, a re jwale reya timelong.
Ke ne ke batla ho tseba hore na le mme Feiki o ya timelong na? Ho bane o dutse ka kwano le ena.

Ms S H NTOMBELA: 

*** Language spoken has changed to Sesotho ***

Modulasetulo, setjhaba se sa hlompheng bana ba sona lebitsong la thobalano se ya timelong.
*** Language spoken has changed to English ***
A certain Mr Hamon puts it right when he says that children in South Africa a exposed to pornography and violence on television and in advertisement. Attention should be given to the future generation, since they are to be our future Presidents, governors, public representatives.

Instead of producing x-rated publications, which are degrading to human being and sexual explicitly. The service providers such as Telkom and others, should develop more packages for kids, especially designing to improve their education. Those who oppose this Bill, should not stand here and pretend that the infringement of freedom of expression, whereas they know very well that it is not the intention of the government to delve into media censorship, but it is indeed the intention of the government to protect children against sexual implicitly publications.

I wish those people who oppose the Bill in their submission of concense should also have race as a counter measure. What actually constitute a moral society? Madam Speaker, please let us not instil a culture of pornography especially in the minds of our kids. It is immoral, it is evil, it is irresponsible, it is a shame, it is cruel, it should not be allowed. It ends here, today. Thank you.      


Mr R B BHOOLA

Ms S H NTOMBELA

Mr R B BHOOLA:  Chairperson with the rapid pace of development and advancement of digital technology comes a responsibility to ensure save and morally correct accessibility of services. It is however a fact that access to elicit sexual degrade in an inappropriate site from the internet, cell phones, film and interactive compute games are also accessible to children.

The MF is pleased that this Bill serves to put in a place a number of provisions that should address the situation. While the MF believe that parents and guardians also have a very important role to play in controlling the kids from accessing such material, we think that service need to come up with firewalls that will filter such access to pornography.

The MF also feels that in view of cell phone, parents should be equipped with means of blocking their children from access to these sites. The MF supports this Bill.    

Mr C M MORKEL

Mr R B BHOOLA

Mr C M MORKEL: Thank you Hon Chairperson. The objectives of Amendment Bill are Claire, the capture editing and transfer pornographic material amongst children as well as from adults to children as well as from adults to children is a measure challenge. Technology already exist to address some of the problems identified and it is possible for programmes like internet based and mobile instant messaging to filter pornographic material, which may find its way to children. However, this is only to a limited extend, especially on mobile phones. One mobile instant messaging service, I will not mention its name, has no auto filtering mechanism based on a clear link between the registration details of such users and their date of birth in particular. The identity number or the age of registered mobile phone users, should be recorded in terms of the ECT - Electronic and Communications Transaction Act, and the interception and monitoring Act with its amendment Bill.

Such a filtering and linking mechanism can be introduced through appropriate regulations under the Amendment Bill with the assistance of the EST Act and the interception and monitoring Bill, which is being considered by the Portfolio Committee on Communications at the moment. The warrens application, service provider, association wasper, the film and publication board and the independent Communication Authority of South Africa must co-regulate this over site with a light touch approach.

Another measure challenge that needs to be regulated by the FPB, Ecasa and the Broadcasting Complains Commission of South Africa is the broadcasting of certain music videos that may fall foul the definition of child pornography or erotica. Freedom of expression does not justify ones rights to abuse children in pornographic profiteering.

These finat rights must be limited when it posses a threat of child abuse as this other legislation protects children such as the Divorce Act and the Child Care Act amongst others. The Progressive Independent Movement will therefore support the film and publications Amendment Bill and I dedicate this to my children who are aged three and two. Thank you.

Ms K W MORWAMOCHE  / RM / ss (isiZulu)/SW    /END OF TAKE

Mr C M MORKEL

Sepedi:
Mnar K W MORWAMOCHE: Modulasetulo le maloko ao a hlomphegago, Molaokakanywa wo o bolela ka taba ya go šireletša ditokelo tša bana; o bolela ka taba ya go šireletša gore bana ba se ke ba bontšhwa tša phaku; gape o tlogea o bolela ka taba ya gore bana ba se ke ba bontšhwa tša bošilo.

Seboledi sa go tšwa ka lehlakorieng la DA, mohlomphegi Sandy, ga a mmakatše ge a be a bolela mo pele ga lena a laetša gore yena ga a thekge taba ye ka ge e le motswadi e sego mmelegi. Ka moka bao ba rego ga ba thekge Molaokakanywa wo ke bao e lego batswadi e sego babelegi. Motho yo a belegago e le motswadi, ga go ka mokgwa wo a ka se thekgego Molaokakanywa wo.

Mohlomphegi Sandy wa DA o laeditše gore go ya ka mokgwa wo pušo ya rena ya ANC e bušago ka gona, ga e ba kgotsofatše.
O a rereša ka ge maekemišetšo a DA go tša pušo e le go šireletša mahumo a bona. 

*** Language spoken has changed to English ***
Mr M J ELLIS: Madam Chair, on a point of order: I am prepared to accept that there is a kind of cultural difference, perhaps, between the speaker and myself and I’m not quite sure the point he is making, but it seems odd to me... [Interjections.]

The HOUSE CHAIRPERSON (Ms C-S Botha): What is the point of order?

Mr M J ELLIS:  I am making a point of order. It would seem odd to me that a person can talk about being a parent without being the giver of birth. [Interjections.] I am asking...

The HOUSE CHAIRPERSON (Ms C-S Botha): Hon Ellis, honestly, it cannot be a point of order.

Mr M J ELLIS: But it is a point of order, Madam Chair. I am asking you to look into this, because I don’t understand what the point is that he is making. [Interjections.]

The HOUSE CHAIRPERSON (Ms C-S Botha): But, hon Ellis, excuse me, but if you don’t understand what he is saying, that doesn’t make it a point of order. 

Mr M J ELLIS: Madam Chair, may I ask you something? Do you understand it?

The HOUSE CHAIRPERSON (Ms C-S Botha): Hon Ellis, that is certainly not under discussion.

Mr M J ELLIS: It is under discussion. I am asking for an explanation.

AN HON MEMBER: Don’t argue with the Chairperson!

Mr M J ELLIS: I can’t believe this woman.
 
Mr H P CHAUKE: Chairperson, on a point of order: I think you need to be respected as the Chair. The DA, it is their strategy. Always when we bring very serious issues, they want to divert those issues. 

The HOUSE CHAIRPERSON (Ms C-S Botha): Hon Chauke, I appreciate you support and protection of me, as I must protect you, but I think it is in order and we will continue with the debate. Thank you.

Mr W J SEREMANE: Chairperson, may I please ask a question? Is it parliamentary to actually attack the parentage of any member of church? I understand the idiom used. It is uncalled for and it is unparliamentary to speak that way to another adult. [Interjections.]

The HOUSE CHAIRPERSON (Ms C-S Botha): Hon member, I will refer you to the rules, to both persons who have raised a point of order: It is not for the Chair to judge the accuracy of a statement. This is a matter for debate and not a matter of procedure and it is out of order for a member to rise on a point of order to contest the truth of a statement by the member speaking. Please, may we now proceed? Hon member, please continue.

Afrikaans:
Mnr K W MORWAMOCHE: Voorsitter, die DA kan maar lê en gaap en droom, die ANC gaan regeer! [Interjections.]

*** Language spoken has changed to Sepedi ***
Modulasetulo, ANC e thekga Molaokakanywa wo gobane o ganetša mekgatlo ya dikuranta le dithelebišeni go laetša bana tšeo di tlago senya dikgopolo tša bona. ANC e thekga Molaokakanywa wo gobane ga o dumelele botšhupša golola tša dinaka di hlabane. Gape Molaokakanywa wo o ganetša bohlaga-swa-re-je tša bopilo. Molaokakanywa wo o ganetša bohuwane molapo’a ditaba ba rego ba kwele ba re ba bone. [Legofsi.]

Ke na le kgatišobaka ya molao yeo maina a bao ba boletšego mo pele ga lena ba le botša ka ga ``constitutionality’’ a sego gona ka go yona. Ke kgatišobaka ya bao ba šomago ka melao ya molaotheo.

Molasetulo, ANC e a buša gomme ebile ga e kgopele tumelelo ya go dira bjalo go motho yo mongwe. ANC ge e kwele gore setšhaba se lla ka taba ya gore dilo tše di amanywago le lepono di se laetšwe mmušong wa yona, re ka se kgopele tumelelo go Seremane; re ka se kgopele tumelelo go DA gobane ga se seboleledi sa boradikuranta.

Seo ba bego ba swanetše go le botša sona, Modulatulo, ke gore ka ‘tšatši leo Komiti ya Phothofolio go tša Selagae e kwanego le boradikuranta ka tšeo di sa nyakegego gomme gwa be gwa hlongwa khansele yeo e tlago hlokomela gore melao ya maitshwaro a bona e šome gabotse, bona ba ile ba ngala ditherišanong tša ntshe. Ka fao, seo ba bego ba swanetše go le botša sona mo ke gore ba tšwile ka ditherišanong tša komiti.

Morena Greyling, yo le yena a boletšego mo, ke tšea gore ke yo mongwe wa bao ba ngwalelago bangwe tšeo ba swanetšego go di bolela dingangišanong tša Ntlo ye. Le ka ‘tšatši la mohlolo ga se ka ke ka bona a tlile komiting ya rena go tla go ikwela ka tša gagwe gore kgoro e sekaseka bothata bjo bja lepono la bana bjang.

Modulasetulo, mohlomphegi Sandy o boletše mo gore Molaokakanywa wo ka mokgwa wo re o boilego re le ANC o mo gopotša melao yela ya go bewa mehleng ya apartheid.
Seo se makatšago ke gore dikonokono tša DA lehono ke batho ba go tšwa go apartheid. O dulelang le bona ge e ba o a rereša gore ga a kwane le apartheid?

ANC e thekga Molaokakanywa wo gobane “manyala” ga re a tsome. Di ile le muši wa dikwekwele.


Ke a leboga, Modulasetulo.
[Legofsi.]

Mr W P DOMAN: “YOU ARE UNDEMOCRATIC WE KNOW IT”

The HOUSE CHAIRPERSON (Ms C-S Botha): Hon Minister, members, before I call the hon Minister to address us, I would just like to indicate that on account of discussions I have had with the table, I am going to consult Hansard on the issue raised by the two Ministers and will come back to you in this House on it. Please, the two Ministers who raised points of orders, which includes the Minister of Education and the Minister of Housing. Thank you.

The MINISTER OF HOUSING (on behalf of the Minister of Home Affairs) Mme/keh(Sepedi)/NP (Afr&Eng)
END OF TAKE

Mr K W MORWAMOCHE

The MINISTER OF HOUSING (on behalf of the Minister of Home Affairs): Thank you, Chairperson, I am very aware of the fact that I have very serious time constraints here. I had waived my right to come back and close this but I thought that after listening to the debate, it was important for me to come back here. I want to thank the hon members who have participated in this debate constructively. I was very disturbed by the bile that was spewed out by the hon member of the DA. It is understood that perhaps the DA might have their own views but I think that the spirit in which she conducted the debate, was so destructive that I needed to come back here and indicate that, in fact, it is completely unacceptable. I would like you, Chairperson, to consult Hansard and actually rule on the matter. [Interjections.]  

I want to point a number of things that had been distorted here because it is important that we leave this House understanding what it was that we were saying. We have a Constitution that this House was passed and to which we all share allegiance. It is very specific on some of the things that we have in this Bill here. Our constitutional responsibility as set out in section 28(1)(d). It is very clear on our responsibility to the child and says that it is the right of the child:

To be protected from maltreatment, neglect, abuse or degradation.

Moulana M R SAYEDALI-SHAH: We support that.
 
The MINISTER OF HOUSING: Chairperson, I think you are in invidious position as a leader of the DA and having the DA going on like that. I would be extremely embarrassed if I were in your position.
 
The HOUSE CHAIRPERSON (Ms C-S Botha): Hon members, please. Hon Minister, do not reflect on the position the Chair takes as if it could be partisan. I will really appreciate that. As for the members on the left hand side, please give the Minister an opportunity to be heard.

The MINISTER OF HOUSING: A child’s interest is of paramount importance in every matter concerning the child, as it is set out in the Constitution. What we seek to do, the hon member has deliberately decided that she is going to exaggerate that. We should not accept that. There is no way that we on this side would have fought the kind of struggles we have. She stands here and says that we would like to muzzle the media. We have said so from day one that it was not our intention to do that. It is a very fine balance that we seek to achieve here. We have worked very hard to arrive at this point. [Interjections.] Even beyond that, it is important that we note that even the Promotion of Equality Act limits publication which impinges on the dignity of persons on the basis of race, religion or gender. This is not to be challenged. The right is absolute.
I am appalled at the conduct of the DA and I really think ... [Interjections.] ... I think you are in an invidious position, sitting there with your members misbehaving like this.

The HOUSE CHAIRPERSON: Hon Minister, I must call you to order. [Applause.] Hon members, it is absolutely not acceptable to reflect on the objectivity of the Chair. I cannot accept that. I will again repeat what I have said before: Interjections come from all sides of the House but to harass a speaker by making him or her inaudible, is not. I hope that everybody will retain that in their minds. Hon Chauke, on what point of order are you rising?

Mr H P CHAUKE: On a point of order: In this debate today I am surprised why hon Sandy is wearing a mini skirt. [Laughter.]

The HOUSE CHAIRPERSON: Hon Chauke, please stand up. I have least four people who want to make a point of order. Before I recognise them, I would like to respond. Please withdraw that particular statement.

Mr H P CHAUKE: I withdraw.

The MINISTER OF HOUSING: Hon Chair, I just wanted to indicate that I hope you were misunderstanding me when you indicated that I was implying that you were not objective. That was not my intention. I wouldn’t do that. 

The HOUSE CHAIRPERSON: Thank you, very much.

Mr M J ELLIS: Madam Chair, in the same spirit in which the Minister has raised, I just want to say that I sincerely hope that the ANC will take that matter further, the one mentioned by the hon Chauke. It is absolutely unacceptable.

The HOUSE CHAIRPERSON: Hon Ellis, I have already ruled and he has withdrawn. Can we please continue? [Interjections.] I cannot compete with a full House. I can’t raise my voice any more. That concludes the debate. Are there any objections to the Bill being read a second time?
Question put.


PMG NOTE: Parties voted as follows        – ANC:       for
                                                               - DA:           against
                                                               - ACDP:      for
                                                               - IFP:                   for
                                                               - ID             against
                                                               - PIM          for
                                                              - MF           for