Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Bill: adoption; with Deputy Minister

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Police

18 November 2022
Chairperson: Ms T Joemat-Pettersson (ANC)
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Meeting Summary

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Tabled Committee Reports

In a virtual meeting, the Portfolio Committee on Police convened to adopt the Protection of Constitutional Democracy against Terrorist and Related Activities (POCDATARA) Amendment Bill [B15-2022] and its report on the Bill.

The Chairperson said that adoption of the Bill had been a tough process that had started off with Members grappling with the content, but they had all ended up with a very good understanding of it.

The Chairperson informed the Committee that a physical meeting was scheduled for 30 November to address the matter concerning the South African Police Service (SAPS) whistle-blower, Ms Patricia Mashale. It would have a virtual meeting with the Minister next Wednesday to receive a presentation on crime statistics.

Meeting report

The Chairperson welcomed the Members to the meeting. She noted the apologies from the Minister of Police and the Acting Secretary for Police Service, who were both attending a "Taking Parliament to the People" event in the Ugu District Municipality.

She said that in terms of National Assembly Rule 286, the Committee had processed the Protection of Constitutional Democracy against Terrorist and Related Activities (POCDATARA) Amendment Bill [B15-2022] procedurally and correctly. It would first have to adopt the POCDATARA Bill before it adopted the Committee Report on the Bill.

Adoption of POCDATARA Amendment Bill

The POCDATARA Amendment Bill was adopted in its entirety. The Democratic Alliance (DA), Economic Freedom Fighters (EFF) and African Christian Democratic Party (ACDP) reserved their rights on the adoption of the Bill.

Report of the Portfolio Committee on Police on the Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Bill [B15 – 2022] (National Assembly – Section 75)

The Committee Report on the POCDATARA Amendment Bill was adopted. The DA reserved its rights on the adoption of the Report.

Ms B Marekwa (ANC) said that when she went through the report, it highlighted that everything the Committee had done was in order. The Committee had had ten meetings on this Bill, which meant that it had put a lot of time and effort into dealing with it.

The Chairperson expressed the Committee’s gratitude to all those who had participated in processing the Bill. She also acknowledged the Minister, especially the Deputy Minister, and the team from the Civilian Secretariat for Police Service (CSPS), who had assisted the Committee in the processing.

Mr A Seabi (ANC) said that he appreciated the Members of the Committee for their commitment to processing the Bill. At some stage, the POCDATARA Bill seemed to have been above the Committee’s comprehension, but as it went on, it was able to comprehend the Bill and deal with it.

The Chairperson thanked Mr Seabi, the Committee Whip, for steering the Committee through this process, and the Members for their participation. She said that it had been a tough process that started off with the Members grappling with the content, but all of the Members had ended up with a very good understanding of the Bill. She wished all of the political parties' good luck for the deliberations in the National Assembly.

Committee matters

The Chairperson said the Committee would need a joint meeting with the Portfolio Committee on Mineral Resources and Energy, because it still needed to adopt the oversight reports. A mutually agreed date would be set next week. The Members who attended the oversight visit would need to be present to adopt the reports.

She said that the Committee was in agreement with the Minister that it would receive a presentation on crime statistics next Wednesday, not Tuesday. This would be a virtual meeting, because it would be very expensive for Members to travel to Cape Town for a physical sitting that was less than one and a half hours. She asked if the Members agreed to this.

Mr H Shembeni (EFF) agreed on the virtual meeting for the crime statistics. He noted that the Committee would have a physical meeting on 30 November.

Mr A Shaik Emam (NFP) also agreed on the virtual meeting for the crime statistics.

The Chairperson said that the physical meeting on 30 November would deal with the Free State matter. The Committee had given Ms Patricia Mashale, South African Police Service (SAPS) whistle-blower, an opportunity to make her presentation as a protected disclosure, which the Committee had not yet received. This was also to provide the Committee with the petition that Ms Mashale sent to the Speaker's office. The Speaker's office had indicated to Ms Mashale that she had sent it in a format they could not open. The Chairperson asked Ms Nicolette van Zyl-Gous, Committee Content Advisor, to follow up on the document, and as soon as it was received, it would be circulated to the Members. The Committee would also request responses from the SAPS and the Independent Police Investigative Directorate (IPID).

She noted that a Member had sent a written question to the Minister about Ms Mashale’s protected disclosure. The Minister had indicated that he had not received it. For now, these were allegations with no formal documents. For record purposes, she again requested that Dr Mary de Haas, human rights activist, and Ms Mashale send the formal documents to the Committee, or else the matter remained an allegation. She asked the Deputy Minister to comment.

Mr Cassel Mathale, Deputy Minister of Police, said that the Ministry would cooperate and ensure that the matter was resolved.

The Chairperson said that the Committee needed to follow the procedures, requirements and legal processes of the Committee, as stipulated by the rules of Parliament. According to the rules of Parliament, the Committee could not investigate allegations.

Closing remark

The Chairperson congratulated the Ministry, CSPS and the Members on adopting the POCDATARA Amendment Bill, which could now be referred to the National Assembly.

The meeting was adjourned.

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