Children’s Amendment Bill: NCOP amendments adopted, Thembisa Petition

Meeting report

The Chairperson requested the Committee Secretary to address the Committee on the process followed.

Ms Linda Ntsabo, Committee Secretary, elaborated that after the introduction of the Children’s Amendment Bill (CAB) in the National Assembly (NA), Parliament underwent an extensive public participation process, where input was sought from all nine provinces. Following the adoption of the Bill by the NA, the Select Committee on Health and Social Services had to coordinate the negotiating mandates, as well as the final mandate, for all the provinces.

She further explained that there are currently two versions of the Bill, the D-Version, which emerged from the National Council of Provinces (NCOP)’s proposed technical amendments, and the NA’s B-Version. As the President cannot assent to two versions of a Bill, the amendments proposed by the NCOP were brought to the Portfolio Committee for concurrence.

The Chairperson thanked the Committee Secretary for the refresher. He outlined that the Committee would consider the technical amendments made by the NCOP, after which it would adopt the Bill and then ATC it for the House.

He requested the Legal Advisor to flight the NCOP amendments and take Members through it.

Briefing on the C and D-list of the Children’s Amendment Bill

Adv Lisa Naidoo, Senior State Law Advisor, Office of the Chief State Law Advisor, took the Committee through the C-List of the CAB. She explained that the amendments were technical and did not amend the bill in a substantial manner.

She read out the proposed changes: ATC221116: Report of the Select Committee on Health and Social Services on the Children’s Amendment Bill [B18B – 2020] (National Assembly – S76), dated 15 November 2022

Adv Naidoo also flighted the D version which incorporated all the proposed changes.

The Chairperson thanked the Legal Advisor for taking Members through the changes so they can see where they have been made.

He asked if Members wanted to make any input.

Ms A Abrahams (DA) felt that the Committee should have asked the Select Committee about what transpired during the negotiation of the provincial mandates, as due consideration was not given to two provinces that made substantive amendments. As such, she asked if the amendments were inclusive of all nine provinces and if so, why had those provinces’ input been neglected.

Adv Naidoo indicated that all nine provinces did provide their mandates on the Bill and subsequently voted to adopt it, hence it was brought back to the Committee. During the public consultation process, each province detailed its consultation processes and completed its individual reports. Due to the Foster Care Order, the decision was taken to remove the Foster Care Clauses and keep the remainder of the clauses in abeyance to be drafted as a Committee Bill. This decision meant that the Bill being considered by the Committee was different from the original one submitted.

Ms Ntsabo suggested that the Committee put the D-List of the Bill up for adoption.

Adoption

The Chairperson then requested a mover for the adoption of the D-List of the CAB.

Ms A Hlongo (ANC) moved for the adoption of the D-List of the CAB, with the amendments.

Ms K Bilankulu (ANC) seconded the mover for the adoption of the D-list of the CAB, with the amendments.

Ms Abrahams raised the DA’s objection to the adoption of the CAB’s D-List.

Ms L Arries (EFF) raised the EFF’s objection to the adoption of the CAB’s D-List.

Ms T Breedt (FF+) also raised the FF+ objection to the adoption of the CAB’s D-List.

The Chairperson indicated that the Bill had been duly adopted.

Report of the Portfolio Committee on Social Development on the CAB

Ms Ntsabo took the Committee through its report on the CAB.

Ms Abrahams asked if the report was only one paragraph; and whether she could submit some of the reasons for her objection to the report, as she had been informed that five provinces proposed amendments to certain clauses that were not included in the draft report.

Ms Ntsabo indicated that she would have to consult with the State Law Advisors and Parliamentary Legal Services (PLS) before providing a response on that.

The Chairperson then requested a mover for the adoption of the report on CAB.

Ms Hlongo moved for the adoption of the Committee report on the D-version amendments to the CAB.

Ms Bilankulu seconded the mover for the adoption of the D-Version amendments to the CAB.

Three minority parties objected to the adoption of the report.

The Chairperson mentioned that the report had been duly adopted.

Read: ATC221201: Report of the Portfolio Committee on Social Development on the Children’s Amendment Bill [B18D – 2020], dated 30 November 2022

Briefing on the draft report of the PC on a petition from residents of Thembisa, Gauteng Province, calling on the Assembly to investigate the provision of proper and safe SASSA offices in the area

Ms Ntsabo took the Committee through the draft report.

Ms J Manganye (ANC) recommended that the Minister and the South Africa Social Security Agency (SASSA) should consider approaching traditional authorities and requesting that they be permitted to use tribal land to build offices.

The Chairperson supported her proposal and said that it would be added as a recommendation in the report. Thereafter, he requested a mover for the adoption of the draft report.

Ms Abrahams moved for the adoption of the report, with the amendments.

Ms Manganye seconded the mover for the adoption of the report, with the amendments.

The Chairperson said that the report had been duly adopted.

Consideration and adoption of the minutes for 19th of October 2022

Ms Ntsabo took the Committee through its minutes for the 19th of October 2022.

The Chairperson moved for the adoption of the minutes.

Ms Manganye moved for the adoption of the minutes.

Ms Hlongo seconded the mover for the adoption of the minutes.

The Chairperson remarked that the minutes had been duly adopted.

Consideration and adoption of the minutes for the 26th of October 2022

Ms Ntsabo took the Committee through its minutes for the 26th of October 2022.

The Chairperson asked for a mover for adoption of the minutes.

Ms Manganye moved for the adoption of the minutes.

Ms Abrahams seconded the mover for the adoption of the minutes.

The Chairperson indicated that the minutes had been duly adopted.

Consideration and adoption of minutes for the 9th November 2022

Ms Ntsabo took the Committee through its minutes for the 9th of November 2022.

The Chairperson requested a mover for the adoption of the minutes.

Ms Bilankulu moved for the adoption of the minutes.

Ms Manganye seconded the mover for the adoption.

The Chairperson stated that the minutes had been duly adopted.

Thereafter, he thanked all Members for their participation and contribution to the Committee’s work for the year.

The meeting was adjourned.