Deputy Speaker, independence is a state of mind. Independentmindedness is first and foremost a quality which the National Assembly should be looking for when it appoints persons to Chapter 9 institutions, which are independent of government on exactly the same terms as the judges are, with the single exception that they are accountable to the National Assembly. Our first choice therefore was Prof Vijay Chand, failing which, our second choice would have been Dr W Gumede. This was for the quality of their thinking and for their independentmindedness. Prof Vijay Chand, in particular, was head and shoulders above the other candidates.
The ANC, however, by majority seems to have stayed in its comfort zone by choosing Adv Ameermia, who is a declared ANC member. I would like to stress the fact that he is appropriate and very well qualified. He has a very good track record in upholding human rights. We do not doubt his devotion to human rights. We are just not sure who else he might be devoted to. It is because - and you have heard my colleague here today, the hon Marian Shinn - we simply have to choose the best.
We simply have to start making clear choices in favour of the best and the brightest and the clearly independentminded if we want our institutions to flourish. It is simply to make that point that the DA will object. I have done this in the past when we objected to Human Rights commissioners. I said then, and I will say now, that I look forward to working with Adv Ameermia. We will respect and uphold his Office. However, I say now and for the last time that we object because we think there were better candidates and that the quality of independentmindedness has to be pursued by the National Assembly. Thank you. [Applause.]
Hon Deputy Speaker, six candidates were short-listed as this is a full-time position in the Human Rights Commission. Then, out of these six candidates that were shortlisted and interviewed, Adv Mohamed Shafie Ameermia was appointed. I must also emphasise that the Human Rights Commission is the only Chapter 9 commission that has the right to litigate. Adv Ameermia is a practitioner and an advocate of the High Court of South Africa. He was nominated by the Judge of the High Court of South Africa and seconded by an advocate of the High Court of South Africa.
His CV speaks volumes of his experience and exposure as a person who is suitable for this position. He was involved in street law projects and thereafter, while working in the Limpopo province, he conducted and undertook cases, among other cases, of communities evicted from a farm school. He won that case.
During the interview, he came out - I must emphasise - head and shoulders above the other candidates who were interviewed. The candidate that is recommended by the DA, Prof Vijay Chand, we are told, and he also admitted that, was offered a job by Wits University. As I speak now, he has accepted that appointment. On the other hand, Adv Ameermia indicated that he had to leave work and look after his two children, his two sons, because his wife was ill and that had affected his family. He is available to start at any time. Therefore, based on what I have said here, the ANC recommends Adv Shafie Ameermia. Thank you, Deputy Speaker. [Applause.]
I put the question. The question is the appointment of Adv Ameermia as a commissioner to the Human Rights Commission. Are there any objections to the nomination as read out? I now put the question: Those in favour will say, "Aye!"
HON MEMBERS: Aye!
Those against will say, "No!"
HON MEMBERS: No!
I think the Ayes have it.
In terms of section 193(5) of the Constitution persons nominated to serve on the SA Human Rights Commission must be approved by a majority of members of the National Assembly. Although a division has not been demanded, members are required to record their support for the nomination. At this point, hon members, I want to point out that although no division has been demanded here, it is a law that stipulates that we record the vote. Therefore, it is correct that I ask members to record their acceptance of the recommendation. Naturally, if you don't, you just do not vote. That is what the Rule says. The bells will be rung for five minutes. [Interjections.]
I am in the Chair, thank you.
AYES - 242: Abram, S; Adams, P E; Ainslie, A R; Bam-Mugwanya, V; Beukman, F; Bhanga, B M; Bhengu, P; Bhengu, F; Bhengu, N R; Bikani, F C; Bogopane- Zulu, H I; Bonhomme, T; Booi, M S; Borman, G M; Boshigo, D F; Botha, Y R; Botha, T; Bothman, S G; Burgess, C V; Carrim, Y I; Cele, M A; Chabane, O C; Chili, D O; Chiloane, T D; Chohan, F I; Coleman, E M; Cronin, J P; Cwele, S C; Dambuza, B N; Daniels, P N; De Lange, J H; Diale, L N; Diemu, B C; Dikgacwi, M M; Dlakude, D E; Dlodlo, A; Dlomo, B J; Dlulane, B N; Dubazana, Z S; Dube, M C; Duma, N M; Dunjwa, M L; Ebrahim, E I; Ferguson, B D; Frolick, C T; Fubbs, J L; Gasebonwe, T M A; Gaum, A H; Gcwabaza, N E; Gelderblom, J P; George, M E; Gina, N; Gololo, C L; Goqwana, M B; Gumede, D M; Hajaig, F; Hanekom, D A; Holomisa, S P; Huang, S-B; Jeffery, J H; Joemat- Pettersson, T M; Johnson, M; Kekana, C D; Kenye, T E; Kganare, D A; Khoarai, L P; Kholwane, S E; Khumalo, F E; Khunou, N P; Kilian, J D; Koornhof, G W; Kota-Fredericks, Z A; Kotsi, C M P; Kubayi, M T; Landers, L T; Lekgetho, G; Lesoma, R M M; Line-Hendriks, H; Lishivha, T E; Luyenge, Z; Maake, J J; Mabasa, X; Mabedla, N R; Mabuza, M C; Mac Kenzie, G P D; Madlala, N M; Madlopha, C Q; Mafolo, M V; Magagula, V V; Magama, H T; Magubane, E; Magwanishe, G; Mahomed, F; Makasi, X C; Makhuba, H N; Makhubela- Mashele, L S; Makwetla, S P; Malgas, H H; Maluleka, H P; Maluleke, J M; Manana, M C; Manganye, J; Mangena, M S; Mapisa-Nqakula, N N; Maserumule, F T; Mashigo, R M; Mashishi, A C; Masilo, J M; Masutha, T M; Mathale, C C; Mathebe, D H; Mathibela, N F; Matshoba, J M; Maunye, M M; Mavunda, D W; Mayatula, S M; Maziya, A M; McIntosh, G B D; Mdakane, M R; Mfulo, A; Mfundisi, I S; Mgabadeli, H C; Mjobo, L N; Mkhize, H B; Mlambo, E M; Mmusi, S G; Mncwango, M A; Mocumi, P A; Moepeng, J K; Mohai, S J; Mohale, M C; Mohorosi, M M; Mokoena, A D; Molebatsi, M A; Molewa, B E E; Moloto, K A; Moni, C M; Morutoa, M R; Mosimane, C K K; Moss, L N; Motlanthe, K P; Motsepe, R M; Mpontshane, A M; Msimang, C T; Msweli, H S; Mthethwa, E N; Mthethwa, E M; Mushwana, F F; Muthambi, A F; Nwamitwa- Shilubana, T L P; Nchabeleng, M E; Ndabandaba, L G B; Ndabeni, S T; Ndebele, J S; Ndlazi, A Z; Ndlovu, V B; Ndude, H N; Nelson, W J; Nene, N M; Newhoudt-Druchen, W S; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngele, N J; Ngonyama, L S; Ngubeni-Maluleka, J P; Ngwenya, W; Nhanha, M A; Nhlengethwa, D G; Njikelana, S J; Njobe, M A A; November, N T; Ntuli, Z C; Ntuli, B M; Nxesi, T W; Nxumalo, M D; Nyalungu, R E; Nyanda, S; Nyekemba, E; Nzimande, B E; Oliphant, G G; Oliphant, M N; Petersen-Maduna, P; Phaliso, M N; Pilane-Majake, M C C; Pilusa-Mosoane, M E; Plaatjie, S K; Pule, D D; Radebe, G S; Radebe, J T; Radebe, B A; Ramathlodi, N A; Ramatlakane, L; Ramodibe, D M; Saal, G; Schneemann, G D; Segale-Diswai, M J; Selau, G J; Shabangu, S; Sibanyoni, J B; Sibiya, D; Sindane, G S; Sisulu, L N; Sithole, S C N; Sithole, K P; Sizani, P S; Skosana, J J; Smith, P F; 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; Swanepoel, D W; Thobejane, S G; Thomson, B; Thring, W M; Tinto, B; Tlake, M F; Tobias, T V; Tsebe, S R; Tseke, G K; Tsenoli, S L; Tshabalala, J; Tsotetsi, D R; Twala, N M; Van der Merwe, L L; van Rooyen, D D; Van Schalkwyk, M C J; Van Wyk, A; Wayile, Z G; Williams, A J; Williams-De Bruyn, S T; Xasa, T; Ximbi, D L; Xingwana, L M; Yengeni, L E; Zikalala, C N Z.
NOES - 37: Bosman, L L; Duncan, P C; Eloff, E H; Farrow, S B; George, D T; Greyling, L W; James, W G; Kalyan, S V; Krumbock, G R; Lamoela, H; Lorimer, J R B; Lotriet, A; Marais, S J F; Marais, E J; Mazibuko, L D; Michael, N W A; Mileham, K J; Mokgalapa, S; More, E; Motau, S C; Rabie, P J; Rabotapi, M W; Rodgers, F A; Sayedali Shah, M R; Schafer, D A; Schmidt, H C; Shinn, M R; Smuts, M; Steyn, A C; Stubbe, D J; Terblanche, J F; Van den Berg, N J; Van der Linde, J J; Van der Westhuizen, A P; Van Dyk, S M; Waters, M; Watson, A.
Two hundred and forty-two members have recorded their support, 37 members voted yes, and there are no abstentions. [Interjections.]
Thirty-seven members voted "No", Madam Speaker!
Sorry, 37 no and 242 yes.
Question agreed to.
Nomination accordingly agreed to in accordance with section 193(5)(b)(ii) of the Constitution.
Business suspended at 12:46 and resumed at 14:03.