Consideration of State President’s Recommendations

Meeting report

AD HOC COMMITTEE ON REPARATIONS
10 June 2003
CONSIDERATION OF STATE PRESIDENT’S RECOMMENDATIONS

Chairpersons: Mr A Mlangeni (ANC) [National Assembly]
                         Ms N Kondlo (ANC) [NCOP]

Relevant documents
State President’s Recommendations on TRC Report
Establishment and Mandate of the Committee – ATC 24 April 2003 (Appendix 1)
Invitation for Public Comment on Reparations as released on 12 June 2003 (Appendix 2)
Committee List (Appendix 3)

SUMMARY
Before agreeing to consider four recommendations made by the President, the Committee agreed that an extension of its 12 June 2003 deadline has to be requested. A Sub-committee was established to consider the recommendations and will report back to the Committee on its findings after the July recess. This Sub-committee will consist of 3 ANC Members, and one each from the DA, IFP and NNP.

MINUTES
The Chair informed Members that this Committee had only been established in the previous week, and it has to submit its Report to Parliament on 12 June 2003. This is clearly an impossible task. This Committee should request that the date be extended.

The Co-Chair proposed that Members simply agree in principle that the date be extended beyond 12 June 2003. After that date the Committee can then decide on a final date, when it has a better idea of the work involved. She noted that Members agree that an extension be requested.

Mr L Lever (DA) [North West] stated that NCOP Members would have to request special permission to sit on this Committee during the extended period, because it falls within the Provincial week.

State President’s Recommendations on Reparations
Ms D Smuts (DA) [National Assembly] stated that the following four recommendations are contained in the document are:
- the once-off payment of R30 000 to 22 000 victims.
- programmes “to project the symbolism of struggle and the ideal of freedom”.
- the rehabilitation of communities that were “subjected to intense acts of violence and destruction”.
- intensifying programmes “pertaining to medical benefits, educational assistance and provision of housing and so on”.

The Chair noted that the Committee has agreed that these are the recommendations proposed by the President.

Mandate of the Committee in considering the recommendations
Ms M Njobe (ANC) [National Assembly] sought clarity on the mandate of this Committee.

The Chair stated that it is clearly spelt out in Parliament's ATC (Announcements, Tablings, Committee Reports) of 24 April 2003 (see Appendix 1).

Mr S Pillay (NNP) [National Assembly] stated that he wishes to propose recommendations in the TRC Report that are not included in the President’s Recommendations. The amnesty recommendation should also be considered.

Ms L Mabe (ANC) [National Assembly] objected on a point of order. She stated that the mandate of this Committee is clearly to consider the President’s recommendations alone, and none other.

Ms Smuts disagreed. She pointed out the Section 27 of the Promotion of National Unity and Reconciliation Act, 1995 provides that the legislature can propose additional recommendations to those put forward by the President. She did however disagree with Mr Pillay with regard to the amnesty, because this Committee’s mandate is to consider only the executive proposals, and not those of the TRC Report.

The Chair noted that Members agreed that only the four recommendations would be considered.

Establishment of Sub-committee
The Chair noted that Members agree that a Sub-committee be established to consider and flesh out these four recommendations. The Sub-committee will have to meet over the next two weeks, and will have to draft a report and present it to this Committee for adoption after the July parliamentary recess.

Kgoshi L Mokoena (ANC) [Limpopo] proposed that the Sub-committee consist of 3 ANC Members and one each from those parties present at this meeting.

The Chair noted that Members agreed. Members agreed that the Sub-committee would be structured as follows:

DA: Ms Smuts, Mr Lever (first alternate) and Ms S Camerer [National Assembly] as second alternate;

IFP: Mr J Van der Merwe [National Assembly], Ms S Seaton [National Assembly] (first alternate) and Mr M Bhengu [Kwazulu-Natal] as second alternate;

NNP: Mr C Herandien [National Assembly] and Mr Pillay as first alternate;

ANC: Ms Mabe, Rev M Chabaku (ANC) [Free State] and Adv M Masutha [National Assembly].
Ms J Chalmers [National Assembly] will be the first alternate, Ms W Newhoudt-Druchen (ANC) [National Assembly] as second alternate and Kgoshi Mokoena as third alternate.
      
The meeting was adjourned.

Appendix 1 : Establishment and Mandate of Committee

Decision by the Speaker and the Chairperson of the National Council of Provinces to establish an Ad Hoc Joint Committee on Reparations in terms of Joint Rule 138(1)(b):

(1) The Speaker and the Chairperson of the Council acting jointly, after consulting the Chief Whip of the majority party in the Assembly and the Chief Whip of the majority party in the Council have decided, in terms of Joint Rule 138(1)(b), to establish an Ad Hoc Joint Committee on Reparations to consider recommendations made by the President in terms of section 27 of the Promotion of National Unity and Reconciliation Act, 1995 (Act No 34 of 1995).

(2) The Committee to consist of 19 Assembly members and 9 National Council of Provinces members.

(3) The Committee to submit a report to both Houses by 12 June 2003.

(4) The Committee may exercise those powers in Joint Rule 32 that may assist them in carrying out their task.

Appendix 2 : Invitation for Public Comment on Reparations

Press release of  12 June 2003

By Co-Chairperson of the Ad Hoc Committee on Reparations, Mr A Mlangeni
Invitation for public comment on Reparations

The President tabled the final report of the Truth and Reconciliation Commission on 28 March.
At a special sitting of both Houses on 15 April the President addressed Parliament on Governments proposals in regard to reparations to be paid to victims.

An ad hoc Joint Committee of Parliament was then set up to consider the President’s recommendations regarding reparations as required by section 27 of the Promotion of National Unity and Reconciliation Act, 1995 (Act 34 of 1995).

The ad hoc Joint Committee invites affected persons or bodies to make written submissions to the committee by not later than Thursday, 19 June 2003.

Submissions may be addressed to

Ms Ntombe Mbuqe
P O Box 15 Cape Town 8000
Email [email protected]
Fax: 021 – 403 2725
Telephone 021 403 3761

A Mlangeni, MP
12 June 2003

Appendix 3 : Committee List

Ad Hoc Joint Committee on Reparations:

NATIONAL ASSEMBLY

African National Congress
Chalmers, J
De Lange, J H (Alt)
Diale, L N
Gumede, D M (Alt)
Joemat, R R (Alt)
Mabe, L L
Masutha, M T
Mlangeni, A
Moloto, K A
Mthethwa, E N
Nene, N M (Alt)
Newhoudt-Druchen, W S
Ngculu, L V
Njobe, M A A

Democratic Alliance
Camerer, S M
Smuts, M

Inkatha Freedom Party
Seaton, S A
Van der Merwe, J H

New National Party
Herandien, C B

African Christian Democratic Party
Madasa, Z L

Minority Front
Rajbally, S

Pan Africanist Congress of Azania
Pheko, S E

National Action
Aucamp, C

NATIONAL COUNCIL OF PROVINCES

African National Congress
Chabaku, M
Kondlo, N C
Lubidla, E N
Mokoena, M L
Mkhalipi, B J
Ramodibe, D M

Democratic Alliance
Lever, L G

New National Party
Adams, F

Inkatha Freedom Party
Bhengu, M J