The Government Employees Pension Law Amendment Bill seeks to amend the Government Employees Pension Law, GEPL, of 1996, in order to achieve the following objectives: firstly, to provide for the insertion of a new definition, which is "pension interest" as outlined in the Pension Funds Amendment Act of 2007; and to amend the current definition of "employer" to address matters relating to the application of the revised nonstatutory forces, NSF, special dispensation, which was adopted by the Cabinet in 2009 and 2010.
Secondly, it seeks to provide for the payment of pension interest to a former spouse of a member upon a divorce or the dissolution of a customary marriage. The Bill also seeks to amend the powers of the board to make rules and amend the provision providing for the recognition of pensionable service of a former member of the NSF. These amendments are trying to bring the GEPL in line with the Pension Funds Act. The amendments, among other things, will amend the GEPL to provide for the implementation of the "clean break" principle. The "clean break" principle, as outlined in the Pension Funds Amendment Act of 2007, means that the pension share must be included in the divorce claim by a valid court order and must be paid to a nonmember spouse at the date of divorce, and not when the member exits the fund.
Currently, the Government Employees Pension Fund, GEPF, does not allow the former spouse of a member to claim a portion of a member's pension interest in terms of a divorce order, or an order for the dissolution of customary marriage, soon after the divorce order is granted. The former spouse can only receive a portion of the member's interest after the exit of the member from the GEPF.
Lesi sichibiyelo sokufaka umgomo wokuhlukanisa ngokupheleleyo obizwa nge- "clean break principle" ngolwasemzini, kulo mthetho ochitshiyelwayo uzosiza kakhulu ukushintsha izimpilo zabantu bakithi, ikakhulukazi abantu besifazane.
Uma ulandela umlando wethu kuleli lizwe, ububha nomuntu omnyama kubukeka kuyinsakavukela umchilo wesidwaba, okuyinto ebonakala ingeke ihlukane naye. Abantu besifazane bona bathinteka kakhulu, uma sikhuluma ngobubha. Imibiko yezinhlangano ezizimele kuleli lizwe nasemhlabeni wonke iyakufakazela lokhu. Uma ukhuluma ngabantu abasencindezini ngokungafakwa kwalesi sichibiyelo ukhuluma ngomama, ikakhulukazi labo ababeshade nabasebenzi bakahulumeni abahlukaniswa ngezimo ezaziwa yibo. Lawa makhosikazi awakwazi ukuthola amalungelo awo ukuze akwazi ukuqhubeka nempilo. Ngikhuluma ngalabo ikakhulukazi abaqhamuka esizweni esimnyama.
Iningi labo alisebenzi liphoqeleke ukuthi londle abantwana babo ngokuthi bahambe becela iminikelo komakhelwane nasemindenini yabo. Lokho-ke sikubona kwehlisa kakhulu isithunzi somuntu wesifazane kuleli lizwe.
Sithi lokhu bekungafanele ukuthi kuyenzeka ngoba laba bantu besifazane banelungelo lokuthola ingxenye empeshenini yalabo ababe ngabakhwenyana babo. Ikakhulukazi ngemuva kokuchibiyela uMthetho weSikhwama seMpesheni.
Lesi sichibiyelo ngeke sishintshe kuphela izimpilo zabesifazane kuleli lizwe, kodwa nabantwana ikakhulukazi labo abahlala nonina. Iningi lalezi zingane uthola ukuthi azikwazi noma azikwazanga ukuqhubeka nemfundo yazo ngenxa yokuthi omama abanaw o amandla okuqinisekisa ukuthi abantwana babo bathola imfundo ngendlela okufanele bayithole ngayo. (Translation of isiZulu paragraphs follows.)
[This amendment to include the principle of full separation, called the "clean break" principle, will help a lot to improve people's lives, especially those of women.
If you look at the history of this country, poverty amongst black people is very common, the two seem to be inseparable. Women are more affected by poverty. Reports of local independent organisations and global ones support this.
Women, especially those who were married to public servants, who got divorced for reasons known only to them, are the ones most affected by the noninclusion of this amendment. These women are not able to enjoy their rights so that they can continue with life. I am referring more to those who are black.
Most of these women are not employed and are forced to raise their children by asking for assistance from neighbours and their families. This is very degrading to the image of the women in this country.
We are saying that this should not have been happening because these women have a right to get a portion from the pensions of their former husbands, especially after the amendment of the Pension Funds Act.
This amendment will change not only the lives of this country's women, but also the lives of the children in their care. You will find that most of these children cannot or could not continue with their education because their mothers are or were poverty-stricken and can't ensure they get the type of education they deserve.]
Iphinde ke ibe yingxaki kakhulu kwabo bangootata baba bantwana, nanjengoko imitshato ingapheli kamnandi. Uye athi utata akuhlukana nenkosikazi yakhe abaleke angafuni nokusondela kulowo wayengumfazi wakhe. Loo nto ke iye ikhathaze abantwana kuba uye utata alibale ukuba unoxanduva lokondla abantwana, ukuqinisekisa ukuba baphila impilo entle. Lo mthwalo uphela uiba ngumthwalo woomama ngokungathi bona basela amarhewu kwavela abantwana.
Ngoko ke, siyasincoma isigqibo seNgxowa-mali yoMhlalaphantsi wabaomSebenzi bakaRhulumente sokulungisa lo mthetho, ngokuba zininzi iimpilo eziza kutshintsheka ngenxa yolu lungiso lo mthetho. Kungoku nje iNgxowa-mali yoMhlalaphantsi wabaSebenzi bakaRhulumente ihleli nezicelo ezingaphezu kwama-5000 zabantu abangoomama abohlukana namadoda abo angamalungu eNgxowa- mali yoMhlalaphantsi wabaSebenzi bakaRhulumente. Ngoko ke ukuba le Ndlu ipasisa lo mthetho, iza kuba ihamba nkqo ngemigaqo kaKhongolose yokwakha impilo ephucukileyo kuye wonke umntu.
Sizifumene izikhalazo singamaLungu ePalamente, iinkundla zaseMzantsi Afrika zizifumene izikhalazo ezisuka koomama zibuza ukuba kutheni oomama abatshate namalungu eNgxowa-mali yoMhlalaphantsi wabaSebenzi bakaRhulumente bexhatshazwa bangakwazi ukufumana am alungelo abo xa bahlukene nabayeni babo. Oku kulungiswa komthetho kuphendula zonke izikhalazo kunye nesigqibo senkundla esasiphendula oomama sokuba kulungiswe umthetho ukuze bakwazi ukufumana izinto ezingamalungelo abo.
Enye into ekufuneka ukuba siyicacise koku kulungiswa komthetho kukuba akufikanga kule Ndlu ngenxa yesigqibo senkundla, inkundla ithathe isigqibo emva kokuba iNgxowa-mali yoMhlalaphantsi wabaSebenzi bakaRhulumente ibisele iqalile ngenkqubo yayo yokuzisa isilungiso apha kule Ndlu yamalungu ahloniphekileyo.
Okuhle ke emasikuthethe singuKhongolose, phambi kokuba siphelelwe lixesha, kukuthi siyakuxhasa ukulungiswa kwalo mthetho kuba kuza kutshintsha impilo yoomama kunye nempilo yabantwana eabeabengakwazi ukufumana imfundo ukuze baphile impilo ephucukileyo. Siwuxhasa kakhulu ngokuba kukulungiswa komthetho, kwaye sihamba ngqo nomgaqo-nkqubo kaKhongolose wokwakha impilo ephucukileyo kuye wonke umntu. Sithemba ukuba le Ndlu iza kuwuxhasa lo mthetho. Siyabulela. [Kwaqhwatywa.] (Translation of isiXhosa paragraphs follows.)
[Again, this becomes a problem, especially to the men who are fathers of these children, because the marriages do not come to an end amicably. When a man divorces his wife, he wants to stay as far away from her as possible. This has an adverse effect on the children, because the father forgets that he has the responsibility to provide for his children and to ensure that they lead quality lives. This eventually becomes a burden on women, as if they conceived the children through magic.
We therefore recommend the decision taken by the Government Employees Pension Fund to amend the Act, because it will make a difference in many lives. As it is, the Government Employees Pension Fund has received more than 5 000 applications from women whose ex-husbands are members of this fund. Now, if this House passes this Act, it will be following the policy of the ANC, which is to create a better life for all.
We have received complaints as Members of Parliament. The South African courts have also received complaints from women who are asking why women who have been married to members of the Government Employees Pension Fund are taken advantage of and why they can't receive their rightful benefits when they divorce their husbands. This amendment responds to all those complaints and the court decision, which was also a response to the women that the Act be amended so that they can get their rightful benefits.
One other thing we need to explain is that this amendment did not come to the House because of a court decision, but the court took the decision after the Government Employees Pension Fund had already started with its process to ask this House for an amendment of the Act.
As the ANC, we must say, before our time expires, that we support the amendment of the Act, because it will change the lives of women and children who could not access education in order to live a better life. We support it because it is an amendment, and it is in line with the policy of the ANC, which is to create a better life for all. We hope that the House will support the amendment. Thank you. [Applause.]]