Chairperson, the Portfolio Committee on Social Development considered the Children's Amendment Bill, which is a private member's Bill. It was tabled and referred to the committee on 13 March 2013.
The committee met with the sponsor of the Bill, hon Mike Waters, on 18 June 2013 in order to receive a briefing on the Bill. The Bill seeks to amend the Children's Act of 2005 in order to provide for a person convicted of attempted rape to be found unsuitable to work with children and to provide for matters connected therewith.
The proposed amendment has the insertion of attempted rape in sections 120(4) and (5) of the Act to provide for the person who has been convicted of attempted rape to be found unsuitable to work with children.
Hon Waters explained to us that part B of the Child Protection Register that is stipulated in the Act was introduced to protect children from people who have been found unsuitable to work with them. At present, the Act determines that such people include those convicted of murder, attempted murder, rape, indecent assault or assault with the intent to do grievous bodily harm with regard to a child.
On 13 August 2013 the committee received a briefing from the Department of Social Development and the Department of Justice and Constitutional Development, responding to the proposed amendments in respect of the committee decision.
The Department of Social Development also briefed us on some legislative and operational implementation challenges regarding the Act. These include the implementation of the adoption policy, the National Child Protection Register, the foster care system, human resources and funding of early child development programmes. In order to address these challenges, the department initiated a process of reviewing this Act since 2011.
With regard to section 120(4) and (5) of the Children's Act, the department acknowledged that there has been challenges pertaining to the interpretation of the term "unsuitability" and that this has impacted on the implementation of the section. Currently, the court may convict an offender in terms of an offence mentioned in section 120, but another legal process has to be followed to make the finding of unsuitability to work with children. This has been quite a challenge for the Department of Social Development.
Therefore, instead of having a separate process, they are proposing in one of the 43 amendments that a person must be deemed to be found unsuitable to work with children when they are found guilty of a crime against a child. Furthermore, section 120 does not provide for the attempted sexual offences that are stated in section 55 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007. The amendment proposes that a person convicted of an attempted sexual offence against the child be included in the section. That is obviously the amendment that comes from the department.
Having heard these two presentations and also the presentations from hon Waters, the committee decided to reject the motion of desirability of the Bill and to rather go for a holistic approach on the amendments as proposed by the Department of Justice and Constitutional Development, as well as the Department of Social Development. This process has already proceeded quite far; it is already at Cabinet level in respect of the amendments. Thank you. [Applause.]
There was no debate.
Chairperson, I move:
That the Report be adopted.
Declarations of vote:
Chairperson, the ANC is defending the indefensible here. The only reason the ANC rejected the Bill is because it was proposed by a member of the opposition. We all know that the ANC has taken a decision to reject every single Bill proposed by opposition MPs, irrespective of what they say. [Interjections.]
Rejecting this very minor amending Bill sends a signal to the people of South Africa that this Parliament under the ANC-led government cares more about protecting itself than the protection of vulnerable children. [Interjections.]
Order, hon members!
At the behest of the ANC, every person convicted of an attempted rape in our courts can continue working with children. I pray that none of them succeed in what they failed to do the first time around. It is as indefensible as it is inconceivable to the parents of this country that their government has concocted a way to delay the protection of their children from convicted criminals just so that the government can glorify themselves by taking the credit for introducing this exact amendment in their name at a later date.
A comprehensive overhaul of the current Children's Act will take months, if not a year or more, to be tabled in Parliament, and the hon Botha knows this. The department has yet to even start the consultation process with the public. There is absolutely no reason why we cannot protect our children from the hands of convicted criminals as of today. There is no morally defensible reason why the children of South Africa must remain exposed and vulnerable in this way while the government sets aside another waste of time reviewing the Act.
ANC members of this House, know that your party has placed party politicking above the people of this country. Know that your your party has made you complicit in exposing South Africa's children to the potentially harmful hands of the individuals who have tried to rape them. Chair, a vote to reject this minor, but vital amendment to the Children's Act is a vote of shame by the ANC. [Interjections.]
I ask the House to muster all the sincerity it has within it and uphold the interests of the people who want this protection to begin now. I ask the House to vote against the recommendations of this report and have the Bill sent back to the committee for reconsideration. I thank you. [Applause.]
Chair, Cope recognises that sexual violence perpetrated on children is increasing. Every time we hear and read about missing children, we pray that our children will be found safe and sound. Sometimes - in most cases - this does not happen. We also recognise that the amending Bill seeks to provide a deterrent to these gruesome acts.
Cope supports the report for the following reasons: The purpose of the National Register of Sex Offenders is to record names of those found guilty of sexual offences against children. Chapter 2 of the Constitution, the Bill of Rights, section 35(3) states that every accused person has the right to be presumed innocent until proven otherwise.
Mhlalingaphambili, ukuhlonyelwa kwalo Mthetho kuza kuncedisa ukuba xa umntu edlwengule, waxhaphaza waze wabulala, asiwe emthethweni, abanjwe, agwetywe emva koko afakwe kuluhlu lwabadlwenguli. Loo nto iya kumenza ukuba abenebala eluntwini. Enkosi. [Kwaqhwatywa.] (Translation of isiXhosa paragraph follows.)
[Chairperson, the amending Bill will assist in recording names of sex offenders in the National Register of Sex Offenders if a person has been found guilty of rape, child abuse and murder. That will leave him with a stigma in the community. Thank you. [Applause.]]
Chairperson, I speak on behalf of the Inkatha Freedom Party. We support the report tabled by the chairperson of the portfolio committee, taking into consideration the briefings by the Department of Social Development and the Department of Justice and Constitutional Development.
We agree that the committee should not proceed with the proposed legislation, but await the amending Bill to be introduced by the department. That amending Bill will contain other amendments that will be addressing certain implementation and legislative challenges of the Act. I thank you. [Applause.]
Deputy Speaker, the ANC supports the committee report because the briefing received by the Departments of Social Development and of Justice and Constitutional Development envisage a more comprehensive amendment process of the Children's Act that already started in 2011. This process has been completed and is now before the Cabinet. This will ensure that all aspects with regard to adoption, unsuitability to work with children and many more will be included to bring the Act in line with the Criminal Law (Sexual Offences and Related Matters) Amendment Act, Act 32 of 2007.
Amendments are being proposed. Does it not make better sense to follow a holistic approach instead of a piecemeal one? Thank you. [Applause.]
Are there any objections to the motion that the report be adopted?
HON MEMBERS: Yes!
HON MEMBERS: No!
Deputy Speaker, I have an amendment, if I may move it. May I continue?
Yes.
I move:
That the House omits the word "adopted" and substitutes the words "referred back to the Portfolio Committee on Social Development for reconsideration".
Thank you.
Are there any objections to the amended motion?
HON MEMBERS: Yes!
HON MEMBERS: No!
Those in favour will say, Aye.
HON MEMBERS: Aye!
Those against will say, No.
HON MEMBERS: No!
I still hear noes. [Interjections.] No, no, no, I still hear noes. [Interjections.]
Madam Deputy Speaker, may I address you? It was not very clear whether you called for the "ayes" and the "nays" on the amendment or on the report. I put it here that we have to attend to the amendment first.
No, I put it on the amended motion that was raised by hon Waters. I did; yes, I did. [Interjections.] No, no, no, maybe you were not listening. [Interjections.] Please don't howl at the Chair. You do not want the Chair to get angry. What is it that I am supposed to be doing? [Interjections.] Do you want me to repeat it?
Yes.
I now put the motion. Hon Waters has put his amendment. Are there any objections to the amended motion by hon Waters?
HON MEMBERS: Yes!
HON MEMBERS: No!
As there are yes and no, those in favour will say, Aye.
HON MEMBERS: Aye!
Those against will say, No.
HON MEMBERS: No!
There is a big voice saying, No.
Madam Deputy Speaker, under the circumstances, we would like to call for a division. Thank you.
The House divided.
AYES - 47:Bhanga, B M; Bosman, L L; Coetzee, T W; Dreyer, A M; Eloff, E H; Esau, S; Farrow, S B; Gcwabaza, N E; Hill-Lewis, G G; James, W G; Kganare, D A; Kloppers-Lourens, J C; Kohler-Barnard, D; Kopane, S P; Krumbock, G R; Lamoela, H; Lorimer, J R B; Lotriet, A; Marais, S J F; Maynier, D J; Mazibuko, L D; Mbhele, P D; McGluwa, J J; Mileham, K J; Mokgalapa, S; More, E; Mosimane, C K K; Motau, S C; Ollis, I M; Sayedali-Shah, M R; Schfer, D A; Schmidt, H C; Selfe, J; Skosana, J J; Smuts, M; Steenhuisen, J H; Steyn, A C; Steyn, A; Swart, M; Swathe, M M; Terblanche, J F; Van den Berg, N J; Van der Linde, N J; Van der Westhuizen, A P; Van Schalkwyk, H C; Waters, M; Watson, A.
NOES - 184:Abram, S; Adams, P E; Bam-Mugwanya, V; Bapela, K O; Beukman, F; Bhengu, P; Bhengu, F; Bhengu, N R; Bikani, F C; Bonhomme, T; Booi, M S; Borman, G M; Boshigo, D F; Botha, T; Botha, Y R; Burgess, C V; Cebekhulu, R S; Chikunga, S; Chili, D O; Chohan, F I; Dambuza, B N; Daniels, P N; Davies, R H; De Lange, J H; Diale, L N; Dikgacwi, M M; Dlakude, D E; Dlamini, B O; Dlomo, B J; Dubazana, Z S; Duma, N M; Dunjwa, M L; Fubbs, J L; Gasebonwe, T M A; Gaum, A H; Gelderblom, J P; Gina, N; Gololo, C L; Hajaig, F; Hanekom, D A; Huang, S - B; Jeffery, J H; Johnson, M; Kekana, C D; Kenye, T E; Khoarai, L P; Kholwane, S E; Khumalo, F E; Khunou, N P; Kilian, J D; Koornhof, N J J v R; Kubayi, M T; Landers, L T; Lekgetho, G; Lesoma, R M M; Lishivha, T E; Luyenge, Z; Mabasa, X; Mabedla, N R; Mabuza, M C; Madlala, N M; Mafolo, M V; Magagula, V V; Magubane, E; Magwanishe, G; Mahomed, F; Makhuba, H N; Makhubela-Mashele, L S; Makhubele, Z S; Malale, M l; Malgas, H H; Maluleka, H P; Maluleke, J M; Manana, N C; Mangena, M S; Martins, B A D; Mashigo, R M; Mashishi, A C; Masilo, J M; Masutha, T M; Mathale, C C; Mathibela, N F; Matlanyane, H F; Matshoba, J M; Maunye, M M; Mavunda, D W; Mayatula, S M; Maziya, A M; McIntosh, G B D; Mdaka, M N; Mdakane, M R; Mjobo, L N; Mkhulusi, N N P; Mlambo, E M; Mnisi, N A; Mocumi, P A; Mohai, S J; Mohale, M C; Mokoena, A D; Molebatsi, M A; Moloto, K A; Morutoa, M R; Moss, L N; Motimele, M S; Motsepe, R M; Msweli, H S; Mthethwa, E M; Mtshali, E; Mufamadi, T A; Mushwana, F F; Muthambi, A F; N'wamitwa-Shilubana, T L P; Nchabeleng, M E; Ndabandaba, L B G; Ndlazi, A Z; Ndude, H N; Nel, A C; Nelson, W J; Newhoudt-Druchen, W S; Ngcengwane, N D; Ngcobo, E N N; Ngcobo, B T; Ngele, N J; Ngonyama, L S; Ngubeni-Maluleka, J P; Ngwenya, W; Ngwenya-Mabila, P C; Nhanha, M A; Nhlengethwa, D G; Njikelana, S J; Nkomo, S J; November, N T; Ntuli, Z C; Nxumalo, M D; Nyalungu, R E; Nyanda, S; Nyekemba, E; Oliphant, G G; Oliphant, M N; Oosthuizen, G C; Paulse, S; Peters, E D; Petersen-Maduna, P; Phaliso, M N; Pilane-Majake, M C C; Pilusa-Mosoane, M E; Radebe, B A; Ramatlakane, L; Schneemann, G D; Segale-Diswai, M J; Selau, G J; Sibanyoni, J B; Sibiya, D; Sindane, G S; Sithole, S C N; Sizani, P S; Skosana, M B; Snell, G T; Sogoni, E M; Sonto, M R; Sosibo, J E; Suka, L; Sulliman, E M; Sunduza, T B; Surty, M E; Thibedi, J D; Thobejane, S G; Tlake, M F; Tobias, T V; Tsebe, S R; Tseke, G K; Tshabalala, J; Tshwete, P; Tsotetsi, D R; Van der Merwe, S C; Van Der Merwe, L L; Van der Merwe, J H; van Wyk, A; Wayile, Z G; Xaba, P P; Ximbi, D L; Yengeni, L E; Zikalala, C N Z; Zulu, B Z.
Question not agreed to.
Amendment accordingly negatived.
Question put: That the motion moved by the Chief Whip of the Majority Party that the Report be adopted be agreed to.
Division demanded.
The House divided.
AYES - 187: Abram, S; Adams, P E; Bam-Mugwanya, V; Bapela, K O; Beukman, F; Bhengu, P; Bhengu, N R; Bhengu, F; Bikani, F C; Bonhomme, T; Booi, M S; Borman, G M; Boshigo, D F; Botha, T; Botha, Y R; Burgess, C V; Cebekhulu, R S; Chikunga, S; Chili, D O; Chohan, F I; Dambuza, B N; Daniels, P N; Davies, R H; De Lange, J H; Diale, L N; Dikgacwi, M M; Dlakude, D E; Dlamini, B O; Dlomo, B J; Dubazana, Z S; Duma, N M; Dunjwa, M L; Fubbs, J L; Gasebonwe, T M A; Gaum, A H; Gcume, N P; Gcwabaza, N E; Gelderblom, J P; Gina, N; Gololo, C L; Hajaig, F; Hanekom, D A; Huang, S - B; Jeffery, J H; Johnson, M; Kekana, C D; Kenye, T E; Khoarai, L P; Kholwane, S E; Khumalo, F E; Khunou, N P; Kilian, J D; Koornhof, G W; Koornhof, N J J v R; Kubayi, M T; Landers, L T; Lekgetho, G; Lesoma, R M M; Lishivha, T E; Luyenge, Z; Mabasa, X; Mabedla, N R; Mabuza, M C; Madlala, N M; Mafolo, M V; Magagula, V V; Magubane, E; Magwanishe, G; Mahomed, F; Makhuba, H N; Makhubela-Mashele, L S; Makhubele, Z S; Malale, M l; Malgas, H H; Maluleka, H P; Maluleke, J M; Manana, N C; Mangena, M S; Martins, B A D; Mashigo, R M; Mashishi, A C; Masilo, J M; Masutha, T M; Mathale, C C; Mathibela, N F; Matlanyane, H F; Matshoba, J M; Maunye, M M; Mavunda, D W; Mayatula, S M; Maziya, A M; McIntosh, G B D; Mdaka, M N; Mdakane, M R; Mjobo, L N; Mkhulusi, N N P; Mlambo, E M; Mnisi, N A; Mocumi, P A; Mohai, S J; Mohale, M C; Mokoena, A D; Molebatsi, M A; Moloto, K A; Morutoa, M R; Moss, L N; Motimele, M S; Motsepe, R M; Msweli, H S; Mthethwa, E M; Mtshali, E; Mufamadi, T A; Mushwana, F F; Muthambi, A F; N'wamitwa-Shilubana, T L P; Nchabeleng, M E; Ndabandaba, L B G; Ndlazi, A Z; Ndude, H N; Nel, A C; Nelson, W J; Newhoudt-Druchen, W S; Ngcengwane, N D; Ngcobo, E N N; Ngcobo, B T; Ngele, N J; Ngonyama, L S; Ngubeni-Maluleka, J P; Ngwenya, W; Ngwenya- Mabila, P C; Nhanha, M A; Nhlengethwa, D G; Njikelana, S J; Nkomo, S J; November, N T; Ntuli, Z C; Nxumalo, M D; Nyalungu, R E; Nyanda, S; Nyekemba, E; Oliphant, M N; Oliphant, G G; Oosthuizen, G C; Peters, E D; Petersen-Maduna, P; Phaliso, M N; Pilane-Majake, M C C; Pilusa-Mosoane, M E; Radebe, B A; Ramatlakane, L; Schneemann, G D; Segale-Diswai, M J; Selau, G J; Sibanyoni, J B; Sibiya, D; Sindane, G S; Sithole, S C N; Sizani, P S; Skosana, M B; Skosana, J J; Snell, G T; Sogoni, E M; Sonto, M R; Sosibo, J E; Suka, L; Sulliman, E M; Sunduza, T B; Surty, M E; Thibedi, J D; Thobejane, S G; Tlake, M F; Tobias, T V; Tsebe, S R; Tseke, G K; Tshabalala, J; Tshwete, P; Tsotetsi, D R; Van der Merwe, S C; Van Der Merwe, L L; Van der Merwe, J H; van Wyk, A; Wayile, Z G; Xaba, P P; Ximbi, D L; Yengeni, L E; Zikalala, C N Z; Zulu, B Z.
NOES - 48: Berend, S R; Bhanga, B M; Bosman, L L; Coetzee, T W; De Freitas, M S F; Dreyer, A M; Eloff, E H; Esau, S; Farrow, S B; Ferguson, B D; Hill- Lewis, G G; James, W G; Kloppers-Lourens, J C; Kohler-Barnard, D; Kopane, S P; Krumbock, G R; Lamoela, H; Lorimer, J R B; Lotriet, A; Marais, S J F; Maynier, D J; Mazibuko, L D; Mbhele, P D; McGluwa, J J; Mileham, K J; Mokgalapa, S; More, E; Mosimane, C K K; Motau, S C; Ollis, I M; Paulse, S; Sayedali-Shah, M R; Schfer, D A; Schmidt, H C; Selfe, J; Smuts, M; Steenhuisen, J H; Steyn, A C; Steyn, A; Swart, M; Swathe, M M; Terblanche, J F; Van den Berg, N J; Van der Linde, N J; Van der Westhuizen, A P; Van Schalkwyk, H C; Waters, M; Watson, A.
Question agreed to.
Report accordingly adopted.
