Department Legislative Programme; Committee Reports on Limpopo, Kwazulu Natal, Eastern Cape

Meeting report

HOME AFFAIRS PORTFOLIO COMMITTEE
26 August 2003
LEGISLATIVE PROGRAMME; COMMITTEE REPORTS ON LIMPOPO, KWAZULU-NATAL EATERN CAPE STUDY TOURS

Chairperson: Mr H P Chauke (ANC)

Documents handed out:
Legislation to be submitted by Department of Home Affairs during the current session
Committee Report on provincial study tour of the Limpopo province from 23-27 June 2003
Committee Report on provincial study tour of the KwaZulu-Natal from 21-25 July 2003
Committee Report on provincial study tour of the Eastern Cape from 5-8 May 2003

SUMMARY
The Committee was briefed on the stages of development of five proposed bills:
- Electoral Amendment Bill;
- Alteration of Sex Description and Sex Status Bill (Committee hearings on Bill: 9-11 September);
- Films and Publications Amendment Bill;
- Marriage Amendment Bill; and
- South African Citizenship Second Amendment Bill.

The urgency of finalising Electoral Amendment Bill as soon as possible in view of the approaching election, was stressed.

MINUTES
The Chair stressed the extreme urgency of the finalisation of the Electoral Amendment Bill, in view of the elections next year and the fact that election campaigns will soon begin. People must participate, everybody must give input, and it might even be required to amend parliamentary procedure to fast-track this Bill, seeing that it is already virtually September.

Department briefing on proposed legislation
Director General, Mr Barry Gilder, explained the status of a range of proposed legislation (see document):

The Electoral Amendment Bill is currently with the State Law Advisors. Advocate Malatsi, the drafter, is liaising with them on a daily basis. Three major issues in the Bill are:
1. Voting rights, or not, for (some) prisoners;
2. Publishing the addresses of voters on the voters' roll; and
3. Voting by South Africans living abroad.

The Alteration of Sex Description and Sex Status Bill has been tabled in Parliament. It aims to provide legal mechanisms for the alteration of a person's sex description in the National Population Register.

The Films and Publications Amendment Bill (making provision for the prohibition of child pornography) has been approved by Parliament and is currently with the State Law Advisors.

The Marriage Amendment Bill has been deferred. It had been recommended that the Marriage Amendment Bill be withdrawn and that the opportunity should be utilised for marriage laws to be rationalised into one comprehensive piece of legislation.

The South African Citizenship Second Amendment Bill will bring the South African Citizenship Act of 1995 in line with Section 20 of the Constitution as far as dual citizenship is concerned. This was after it was found that the withdrawal of the citizenship of a citizen by the Minister was unconstitutional. The Bill had been approved by Cabinet and is with the State Law Advisors for certification.

Discussion
The Chair requested that time frames for processing of the Electoral Amendment Bill be given. He asked if Parliamentary Rule 159 (see Appendix) had been followed and what date has been set for bringing the Bill before Parliament.

Advocate Malatji (Head of Legal Services) replied that at a meeting last week with the Law Advisors it had been envisaged that finalisation would be in a matter of days, not weeks, either at the end of this or next week.

The Chair asked whether definite deadlines have been set.

Adv. Malatji replied that deadlines have not been set, but the State Law Advisors appreciated the urgency. They had some concerns but they agreed that the Bill would be certified and that any other issues would be brought up at a later stage.

Mr M Sikakane (ANC) pointed out that the State Law Advisor's function was not to agree or disagree with the contents of the Bill but merely to state whether it was constitutional or not.

Mr Gilder explained that their concern was in reference to Cabinet's concern with awaiting trial prisoners being allowed to vote. There was discussion about whether this was constitutional or not. They had basically tabled a concern.

Mr Malatji agreed that the role of the State Law Advisors was to check each clause in order to certify that the clauses comply with the Constitution.

Mr K Morwamorche (ANC) wondered if a convicted criminal can vote, seeing that such a person cannot be a member of parliament.

Adv. Malatji said that there were many proposals on the issue but that Cabinet had decided that only prisoners awaiting trial could vote.

Mr I Pretorius (DA) said that the Cabinet view was going beyond what was being said.

The Chair ruled that no debate on the merits of the Bill was allowed at the meeting. The discussion should deal with parliamentary joint rule 159. Once the Bill had been published then the debate could start.

Mr Pretorius accepted the ruling. He went on to say is that the discussion is futile and that the only thing that can be debated is whether joint rule 159 applied.

Mr S Pillay (NNP) disagreed because Advocate Malatji stated that he thought 'that the Bill could not take weeks'. He said that this was not good enough and that the Committee needed a definite date when the State Law Advisors would submit the document. A date must be insisted upon.

Mr Gilder promised to contact the State Law Advisors in this regard.

The Chair proposed the deadline was the 2 September on which an all-day meeting would be held. The Minister will be invited to attend. He expressed his satisfaction that everybody was fighting for the finalisation of the Bill..

Mr Chauke explained that rule 159 stated that the original copy of the Bill would be presented to Parliament then with Cabinet approval the Bill would be gazetted. This had to be looked into before the end of the week. The Bill was wanted by next week.

Mr Malatji said that they would have final approval from Cabinet by next week.

Mr Chauke said that the Members of Parliament had been visiting the provinces so they would be able to give informed input. The reports and the recommendations from the tours of the provinces had to be adopted and sent to the Director General. He noted that in every province they visited they had found the same problems therefore the reports should be merged into one with the recommendations. A meeting was to be held with the department, Home Affairs and Social Development on Tuesday. It was noted that KwaZulu Natal was having problems with the mobile ID units and it was an issue that had to be tabled. Members were asked to follow up on this so as to be informed for the discussion next week.

Appendix:
Submission of draft Bills as approved by Cabinet to Speaker and Chairperson of Council
159. (1) A Cabinet member or Deputy Minister who intends introducing a Bill in the Assembly or who initiates the introduction of a Bill in the Council, must as soon as possible after the Bill has been approved by Cabinet, submit to the Speaker and the Chairperson of the Council -
(a) the draft of the proposed Bill as approved by Cabinet, whether or not the draft has been legally or technically formalised as a proper draft Bill; and
(b) a memorandum explaining the objects of the proposed legislation.

Note: It is highly desirable that portfolio and select committees be informed of the content of proposed legislation well before the introduction of the legislation in order to assist them in planning and developing views on the legislation.

(2) The Speaker must refer the draft of the proposed Bill and the memorandum to the responsible portfolio committee and the Chairperson of the Council must refer the draft of the proposed Bill and the memorandum to the responsible select committee and the provincial legislatures in order -
(a) to assist the committee and legislatures in planning their work; and
(b) to enable the committee members and legislatures to acquaint themselves with and to develop their positions with regard to the proposed legislation.

(3) The Leader of Government Business in Parliament must liaise with Cabinet members to facilitate the implementation of this rule.

(4) This rule does not apply to -
(a) a money Bill in respect of which the responsible Minister follows the special introductory procedure set out in Assembly rule 288; or
(b) any other Bills in respect of which premature disclosure of their contents may result in prejudice to the state or the general public.