Chairperson, I move:
That the Bill be passed.
The DA requests a division
Deputy Speaker, I am waiting for you to put the question first. The DA would like to make a declaration. Thank you.
There is an objection and therefore we will have to put the question. I now put a question, those in favour will say, "Aye!"
HON MEMBERS: Aye!
Those against will say, "No!"
HON MEMBERS: No!
I think the Ayes have it.
May we please now have a division.
Madam Deputy Speaker, I think we have made it clear that we did ask for a declaration as well. I should imagine that should happen before the bells ring. Mrs Kalyan - hon Kalyan - indicated that we will be asking for a declaration and the Whips on the ANC's side do know it as well. Thank you.
Declarations of vote:
Deputy Speaker, the DA has previously held that the Minister of Home Affairs misled the House and the Republic with respect to this Bill. The Minister has acknowledged her error and the wording of this Bill has now been changed.
The amended Bill now contains the provision that states:
Any person who obtained South African citizenship by naturalization in terms of this Act shall cease to be a South African citizen if he or she engages, under the flag of another country, in a war that the Republic does not support.
The Minister's misunderstanding of the original wording has been addressed and the section now applies only to naturalised citizens. However, Deputy Speaker, there is no right of appeal against the loss of citizenship. Allowing no right of appeal against being rendered stateless is untenable. It is contrary to section 20 of the Constitution, which provides that no citizen shall be deprived of citizenship. It is also contrary to section 33 of the Constitution requiring just administrative action.
Contradictory to the implication that the government supports some wars and not the others, as this Bill implies; section 198(b) of the Constitution, in fact, precludes any South African citizen from participating in armed conflict nationally or internationally.
This is listed as one of the governing principles with respect to national security. The Constitution does not make provision for the government to declare a war as one that it supports. If it did, the government would be in direct conflict with its constitutional principle.
The UN carries the burden of sanctioning wars. Will South Africa now have its own list of sanctioned wars? This section is highly complex; it is fraught with conflicting national and international legal implications. Our legal opinion tells us that, as a result, this Bill cannot withstand constitutional scrutiny. The DA cannot support the Bill. Thank you. [Applause.]
Deputy Speaker, the Minister has never misled anybody. We have never misled anybody. The content of the clause that comes from the NCOP is the same. The only thing is that it has been redrafted for anybody to understand. It reads as the hon member has read: Any person who obtained South African citizenship by naturalization in terms of this Act shall cease to be a South African citizen if he or she engages, under the flag of another country, in a war that the Republic does not support.
The South African government supports peace; that is why troops are deployed in countries where there is no stability. Missionaries cause instability in most cases in Africa. We cannot continue harbouring such heartless people who cause misery to other people for financial gain. Thank you. [Applause.]
Question put.
Division demanded.
The House divided.
AYES - 192: Abram, S; Adams, P E; Baloyi , M R; Bam-Mugwanya, V; Bhengu , N R; Bhengu, P; Bikani, F C; Bogopane- Zulu, H I; Borman, G M; Boshigo, D F; Botha, Y R; Burgess, C V; Carrim, Y I; Cele, M A ; Chikunga, L S; Chohan, F I ; Coleman, E M; Cwele, S C; Dambuza, B N; De Lange, J H; Diale, L N; Dikgacwi, M M; Dikobo, K J; Dlakude, D E; Dubazana, Z S; Dube, M C; Dunjwa, M L; Fihla, N B; Fransman, M L; Frolick, C T; Gasebonwe, T M A; Gaum, A H; Gcwabaza, N E; Gelderblom, J P; Gina, N; Godongwana, E; Gololo , C L; Gona, M F; Goqwana, M B; Gumede, D M; Hajaig, F; Hanekom, D A; Huang, S-B; Jeffery, J H; Joemat-Pettersson, T M; Johnson, M; Kekane, C D; Kenye, T E; Kganyago, N M; Khoarai, L P; Kholwane, S E; Khumalo, F E; Khunou, N P; Komphela, B M; Koornhof, G W; Kota-Fredericks, Z A; Kubayi, M T; Landers, L T; Lishivha, T E; Lucas , E J; Mabasa, X; Mabedla, N R; Mabuza, M C; Madlala, N M; Magagula, V V; Magau, K R; Magazi , M N; Magwanishe, G ; Makasi, X C; Makhubela-Mashele, L S; Makhubele, Z S; Makwetla, S P; Malale, M I; Malgas, H H; Maluleke, J M; Manganye, J; Manuel , T A; Mapisa-Nqakula, N N; Mashigo, R J; Mashishi, A C; Masutha, T M; Mathebe, D H; Mathebe, P M; Mathibela, N F; Matlanyane, H F; Matshoba, J M; Maunye, M M; Mayende-Sibiya, N A ; Maziya, M; Mdaka, M N; Mdakane, M R; Mjobo, L N; Mkhulusi, N N P; Mlambo, E M; Mlangeni, A; Mmusi, S G; Mnisi, N A; Mocumi, P A; Mohale, M C; Mokoena, A D; Molebatsi, M A; Molewa, B E E; Moloi-Moropa, J C; Moloto, K A; Morutoa, M R; Moss, L N; Motimele, M S; Motlanthe, K P; Motshekga, M A; Motshekga, M S; Mphahlele, L M; Mpontshane, A M; Msweli, H S; Mthethwa, E M; Mthethwa, E N; Mtshali, E; Mushwana, F F; Nchabeleng, M E; Ndabandaba, L B G; Ndlanzi, A Z; Ndlovu, V B; Nel, A C; Nelson, W J; Newhoudt-Druchen, W S; Ngcobo, B T; Ngcobo, E N N; Ngele, N J; Ngwenya, W; Nhlengethwa , D G; Njikelana, S J; Nkoana-Mashabane, M E; Nkwinti, G E; November, N T; Ntapane, S Z; Ntuli, B M; Ntuli, Z C; N'wamitwa- Shilubana, T L P; Nxesi, T W; Nxumalo, M D ; Nyalungu, R E; Nyanda, M F; Nyekemba, E; Oliphant , G G; Oliphant, M N; Oosthuizen, G C; Padayachie, R L; Pampiri, S G; Peters, E D; Petersen-Maduna, P; Phaliso, M N; Pilusa- Mosoane, M E; Pule, D D; Radebe, B A; Radebe, G S; Radebe, J T; Ramodibe, D M; Ramokgopa, G ; Schneemann, G D; Selau, G T; September, C C; Sexwale, T M G; Sibanyoni, J B; Sibhidla, N N; Singh, N; Sisulu, L N; Sithole, S C N; Skosana, J J; Skosana, M B; Smith, V G; Snell, G T; Sogoni, E M; Sonto, M R; Sosibo, J E; Sotyu, M M; Suka , L; Sulliman, E M; Sunduza, T B; Surty, M E; Thibedi, J D; Tinto, B; Tlake, M F; Tobias, T V; Tsebe, S R; Tseke, G K; Tsenoli, S L; Tshivhase, T J; Tshwete, P; van Rooyen, D D; van Wyk, A; Williams, A J; Xaba, P P; Yengeni, L E.
NOES - 74: Balindlela, Z B; Botha, T; Coetzee, T W; Davidson, I O; De Freitas, M S F; Doman, W P; Dreyer, A M; Du Toit, N D; Duncan, P C; Ellis, M J; Farrow, S B; Gcume, N P; George, D T; George, M E; Greyling, L W; Harris, T; Hoosen, M H; Kalyan, S V; Kganare, D A; Kilian, J D; Kloppers-Lourens, J C; Kohler-Barnard, D; Koornhof, N J J v R; Kopane, S P; Kotsi , C M P; Krumbock, G R; Lee, T D; Lekota, M G P; Lorimer, J R B; Lotriet, A; Lovemore, A T; Marais, E J; Marais, S J F; Masango, S J; Max, L; Mazibuko, L D; McGluwa, J; Meshoe, K R J; Michael, N W A; Molao, S P; More, E; Morgan, G R; Ngonyama, L S; Njobe, M A A; Ntshiqela, P; Paulse, S; Pretorius, P J C; Rabotapi, M W; Ramatlakane , L ; Ross, D; Schafer, D A; Schmidt, H C; Selfe, J; Smalle, J; Smiles, D C; Smuts, M; Steele, M H; Steyn, A; Steyn, A C; Stubbe, D; Swart , M; Swart, S N; Swathe, M M; Tolo, L J; Trollip, RAP; Van Dalen, P; Van de Linde, J J; Van den Berg, N J; Van der Westhuizen, A P; Van Dyk , S M; Van Schalkwyk, H C; Vukuza- Linda, N Y; Waters, M; Wenger, M. Question agreed to.
Bill accordingly passed.