Chairperson, we are dealing with the Repeal of Black Administration Act and Amendment of Certain Laws Amendment Bill. The committee invited the Department of Justice and Constitutional Development, on 9 November 2005, to come and tell the committee as to what laws in the Statute Book still had to be repealed.
During the meeting it was realised that this affected not only the Department of Justice and Constitutional Development, but also other departments, for example, the Department of Agriculture and Land Affairs and the Department for Provincial and Local Government. Now, during that interaction with the department we discovered, when you look into the question of traditional courts, for example, that they are still using the old Acts that are contained in the Black Administration Act.
What we wanted was for them to repeal all those laws that are offensive, derogatory and are not in keeping with our Constitution. As a committee, we agreed that that must be done expeditiously.
The Department of Justice and Constitutional Development promised the committee that they were going to repeal all the laws that you can think of, on or before 31 July 2006, that are derogatory and offensive - you know them. Those are laws in which we were called names; were told where to stay or not to stay; in which it was outlined who you were supposed to marry; and in which it was stated at what time you had to go to bed with your partner.
Now, when the department continued to check all the laws, it was discovered that unfortunately some laws are such that if you repeal them they are going to leave a vacuum, and that would be suicidal and cause chaos.
When the three departments did their own investigations they discovered that it might not be possible for them to repeal all those laws on 31 July this year. They need some time because, for example, when you look at the traditional courts, some powers were conferred on traditional leaders to try cases. In some provinces some powers were conferred on the traditional courts, not the traditional leader, to hear cases. It differs from area to area.
Please remember that this Black Administration Act was only aimed at governing black people.
In order to enable all the departments to rectify or repeal al those laws or to come up with proper legislation to deal with what I am saying, they requested some time so that they could do a thorough job and come back to Parliament. When they reported this to us we said, "It's fine. When can you do this?"
They said they could only do it if we gave them another period of grace of about six months or so. But because we are such a dynamic committee, we said, "It is fine, we are flexible. We allow you that, but please come back to us." Instead of August, as they had requested, we told them to come back to us on 30 September 2007. For that to happen, you need legislation. That legislation I am talking about is the Bill before this House now.
Regarding what we are proposing here, the previous Bill mentioned 31 July 2006, but because of the request the department made, we are now changing this timeframe to say we are giving the department until 30 September 2007 to come back to Parliament. That is all the Bill is about.
Let me humbly submit to this House that we should enable the departments to go and do all these things that they promised us as Parliament - that is, to stagger the dates from 31 July this year to 30 September 2007.
On behalf of the committee, I request the House to agree to and pass this Bill as it is, without any amendments. I rest my case, Chair. [Applause.]
Debate concluded.
I shall now put the question. The question is that the Bill be agreed to. In accordance with Rule 63 I shall first allow political parties the opportunity to make their declaration of vote if they so wish.
We shall now proceed to voting on the question. Those in favour say "Aye."
HON MEMBERS: Aye.
Those against say "No." All members voted in favour. I therefore declare the Bill agreed to in accordance with section 75 of the Constitution.
Bill agreed to in accordance with Section 75 of the Constitution.