Requests for declarations of vote have been received. I will now allow one member of each political party wishing to make a declaration an opportunity of up to three minutes to do so.
Declarations of vote:
House Chair, the DA supports the ratification of this covenant. However, we do not support the declaration to be made in regard to articles 13 and 14, which provides that South Africa will give progressive realisation to the right of education within its legislation and available resources.
The reason why we do not support this is in line with, unfortunately, the very late submission from the Human Rights Commission. Our jurisprudence indicates that our courts have already interpreted the obligations of government with regard to the realisation of socioeconomic rights to mean "within maximum available resources". This is in line with the covenant.
The department's wish to make a declaration confining government's obligations to progressive realisation within this legislation and available resources will in all likelihood be seen internationally as a deliberately retrogressive measure that diminishes the reach and purpose of the covenant.
In the Constitutional Court cases of Grootboom and Mazibuko, the court said that any deliberately retrogressive measure would require the most careful consideration. It would also need to be fully justified by reference to the totality of the rights provided for in the covenant and in the context of the full use of the maximum available resources. We have seen no such justification.
In addition, there is no distinction made in the proposed declaration between basic education which is a fundamental right in terms of section 29(1) of the Constitution, which is immediately realisable in terms of the unanimous judgment given by judge Nkabinde in the matter of the Governing Body of the Juma Musjid Primary School & Others v Essay N.O. and Others, and further education for which progressive realisation is permitted in terms of the Constitution.
The declaration will also thus appear to be in conflict with our Constitution by trying to limit all education to progressive realisation within available resources.
The DA accordingly will support this item but with these reservations.
Agb Voorsitter, die VF Plus ondersteun die aanvaarding en die ratifikasie deur die Parlement van hierdie internasionale konvensie. Uit die aard van die saak, sal ons ook ten opsigte van ons Grondwet, waar ons voorsiening maak vir die regte van die gemeenskap in artikel 30 en 31, verantwoording moet doen aan die buitewreld en die Verenigde Volke Organisasie, VVO, oor wat ons doen ten opsigte van aktiewe stappe ter uitvoering van hierdie werklikheid. Daarom maak ons Grondwet voorsiening in artikel 231(2) dat ons sulke konvensies kan ratifiseer. Die ratifikasie van die International Covenant on Economic, Social and Cultural Rights is 'n stap in die regte rigting. Ons sal dit graag ondersteun. (Translation of Afrikaans speech follows.)
[DR C P MULDER: Hon Chairperson, the FF Plus supports the acceptance and the ratification of this international convention by Parliament. Naturally, we will also be held accountable by the outside world and the United Nations, UN, in respect of our Constitution, which makes provision for the rights of the community in sections 30 and 31, about what we are doing with regard to taking active steps to bring this reality into effect. Therefore, section 231(2) of our Constitution makes provision for us to ratify such conventions. The ratification of this International Covenant on Economic, Social and Cultural Rights is a step in the right direction. We will gladly support it.]
House Chair, if you will allow me to just make a very brief statement. Whilst acknowledging the concerns raised, the ANC agrees to the progressive realisation of educational rights as set out in the declaration and we move for the adoption thereof. Thank you.
United Nations International Covenant on Economic, Social and Cultural Rights approved.