Speaker, hon members, hon Ministers, guests in the gallery, these amendments to the Commission on Gender Equality Act came as a result of the outcomes of the forensic investigation process of the Ad Hoc Committee on the Commission on Gender Equality, which highlighted the need for legislative reform.
The Ad Hoc Committee on the Commission on Gender Equality's forensic investigation was established in 2010 to consider and then report to the National Assembly on the Auditor-General's report to Parliament about an investigation of the Commission on Gender Equality. The report addressed allegations of financial impropriety, maladministration and improper conduct at the Commission on Gender Equality. It also addressed the report of the Public Protector on the investigation into complaints relating to misconduct and maladministration in the affairs of the Commission on Gender Equality.
The report of the ad hoc committee noted that the office of the Public Protector's findings stipulated that the CGE's enabling legislation was outdated. To this end, the office of the Public Protector recommended to the ad hoc committee that Parliament amend the enabling legislation to bring it in line with the Constitution and the CGE's organisational requirements. As this was a technical amendment, the ad hoc committee recommended that the portfolio committee should introduce legislation to Parliament to amend the Commission on Gender Equality Act, Act 39 of 1996, to bring it in line with the Constitution of the Republic of South Africa of 1996 and with other legislation, such as the Public Finance Management Act, Act 1 of 1999, as well as section 119 and section 120 of the Interim Constitution of 1993, which provided for the establishment of the CGE.
The Commission on Gender Equality Act, Act 39 of 1996, regulates matters incidental to the establishment of the commission by the Interim Constitution. Furthermore, section 187 of the Constitution of the Republic of South Africa of 1996 provides for the powers and functions of the commission. There have been many proposals to amend the Commission on Gender Equality Act in order to insert provisions of the repealed sections 119 and 120 of the Interim Constitution, where applicable, into the Commission on Gender Equality Act and to bring the Act in line with the provisions of the Constitution.
The committee involved stakeholders to come and give comment on these technical amendments. Only two submissions were brought to the commission. These submissions were received and dealt with by the committee. The committee agreed that the Bill only effected technical amendments to the Commission on Gender Equality Act of 1996 and that the substantive issues raised in the submissions would be dealt with at a later stage.
Having considered the Commission on Gender Equality Amendment Bill, the committee recommends that the National Assembly adopts the Bill. [Applause.]
House Chair, I move:
That the Report be adopted.
Motion agreed to.
Report accordingly adopted.