Hon members, requests for declarations of vote have been received and I will allow three minutes to one member of each party wishing to make a declaration.
Declarations of vote:
Chairperson, it was never the intention of the portfolio committee to undermine the freedom of expression or the Constitution. Having dealt with this Bill as a portfolio committee and after coming back from the President, we have made a few amendments to clause 29 and sections 4, 3 and 2. We believe that with the amendments that we have made, we will be able to comply with the constitutional requirements.
On that note, I want to take this opportunity to thank members of the portfolio committee from the ANC, the DA, IFP and ACDP for the contribution that they made in trying to address one of the most critical areas. We were emphasising the point that those who are found to be in possession of pornographic material must be punished. It was a very general approach that we took and on that note I think we have managed to resolve those issues. We therefore believe that when the Bill goes back to the President it will be in line with the Constitution. Amandla!
HON MEMBERS: Awethu! [It's ours!]
Viva, ANC, viva!
Phansi nge-IFP, phansi! Phansi nge-DA, phansi! [Down with the IFP, down! Down with the DA, down!] [Interjections.]
The President's observations have probably been addressed but do not go far enough. We remain, as we have been throughout, opposed to the unconstitutional concept of pre-publication censorship by an administrative body such as the Film and Publication Board. We therefore continue to oppose the Bill.
It has always been incomprehensible to the DA that free-speech issues like film and publications are in the hands of the Home Affairs committee. This arrangement is inherited from the old apartheid government where the Ministry of Home Affairs conducted censorship on behalf of the apartheid state. Now the ANC government has come full circle and is embarking on censorship as was practised by the old apartheid governments. We urge the new incoming government to place the Film and Publication Board in the hands of the new Communications Minister and hence the Communications committee, where it rightfully belongs.
This is also my final speech, and I will not be politicking, but as I will be retiring, I would like to thank all my colleagues for the friendship and support during my parliamentary term. I would also like to thank my family for their support. It indeed has been very nice and very encouraging and I trust that this Parliament will in the future become truly democratic. Thank you. [Applause.]
The ACDP supports the amendments that have been added to ensure the constitutionality of the Films and Publications Amendment Bill. This is the end of a long road in which the ACDP's proposals to protect the freedom of the oppressed were accepted some time ago, as were our proposals to accommodate concerns regarding pornography and, in particular, child pornography.
We wish to say that we are grateful for the manner in which this issue was approached and that the concerns regarding constitutionality have now been addressed. The ACDP will support this Bill. Thank you.
Chairperson, I move:
That the Bill be passed.
Motion agreed to.
Bill accordingly passed (Democratic Alliance dissenting).