Sihlalo, ngijame la njengomjaphethe, esikhundleni sakaSihlalo wethu wekadeni, uMhlonitjhwa uNgoako Ramathlodi, begodu simfisela itjhudu ngokukhethwa kwakhe abe liSekela Ngqongqotjhe lomNyango wezokuVuselelwa kweeMilo. Begodu bekuzabakhona uSosibebhe wekomiti yethu uMhlonitjhwa uMondli Ngungubele, naye simfisela itjhudu ngokukhethwa kwakhe ... [Iinthikaziso.] (Translation of isiNdebele paragraph follows.)
[Mr J B SIBANYONI: Chairperson, I am standing here as acting chairperson on behalf of our longest-serving chairperson, hon Ngoako Ramatlhodi. We therefore wish him all the best on being appointed Deputy Minister of Correctional Services. And to our Chief Whip, hon Mondli Gungubele, who was supposed to be here, we also wish him all the best on being appointed ... [Interjections.]]
Order, hon members, order please!
... waba yiMeyara ephezulu eMkhandlwini Dorobha wekuRhuleni. [... Executive Mayor of Ekurhuleni Metropolitan Municipality.]
I'm here just to give a very brief report on the Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Bill. In order for the members to understand this, we've got to remember that there was an Act called the Native Administrative Act, Act No 38 of 1927. It later became known as the Bantu Administration Act, Act No 38 of 1927. Finally, it was known as the Black Administration Act, Act No 38 of 1927.
When we repealed all the apartheid laws, it was not possible to repeal this Act in toto because there is section 12 and section 20 of this Act, as well as the third Schedule of this Act, which deals with the judicial functions of the traditional leaders. This portion deals with the traditional courts or the tribal courts, the iinkundla - makgotla [traditional courts].
Now, if the Act had been repealed in toto, there would have been a vacuum. In order for the vacuum not to exist, it was necessary to keep on extending these particular portions.
These portions have been extended lately by the Repeal of the Black Administration Act and Amendment of Certain Laws Act of 2005. That Act comes to an end on 30 December this year. It was obvious. We could foresee that there was no way in which we could be in a position to pass the Traditional Courts Bill before 30 December this year. As such, it became necessary that we should come before this august House and ask for the extension of this Act.
I must say that the judicial functions of traditional leaders constitute one of the most important African laws. It has to do with the restorative justice of ubuntu, a system of law where there is no winner or loser, but where disputes are reconciled. As we stand here, we say this Bill intends to ask for an extension until 20 December 2010.
We need some time as the Justice Portfolio Committee to engage with ... amakhosi emvelo, amakhosi endabuko, abantu bakwaMthaniya, sibanikele isikhathi sokobana baveze amazizo wabo, abakwaXhosa, bakwaSikhukhune bakwa Makhado sithi ... [... indigenous leaders, traditional leaders, the people of Mthaniya, who will be given an opportunity to express their views; to the people of kwaXhosa, Sikhukhune and Makhado we say ...] ... Ndaa! ... [... Hello!...] ... so that they have a chance to comment on this intended Traditional Courts Bill. This is a Bill that takes into consideration the Constitution, as well as the Bill of Rights. It is gender sensitive. As a result we need time to undergo that process to give all South African people, who are still living according to and observing our beautiful traditional jurisprudence or our traditional law, an opportunity to comment.
Yeke-ke, sitjhaba sekhethu, sibawa isikhathi. Sizoninikela ithuba lokobana niveze amazizo wenu noke ngokupheleleko. [We therefore request time from our people. We are going to give all of them an opportunity to express their views in full.]
In conclusion, I want to say the ANC supports this Bill, the Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Bill. I must also mention that we are fortunate that all the parties that are participating in the Portfolio Committee on Justice and Constitutional Development agreed that they don't have any problem with this Act being extended until 30 December 2012. Thank you. [Applause.]
There was no debate.
Chairperson, I move:
That the report be adopted. Motion agreed to.
Report accordingly adopted.