Hon Speaker, section 55 of the Constitution mandates Parliament to consider, pass, amend or reject any law before it. Today we debate the report on the Black Authorities Act Repeal Bill. As the name indicates, the Black Authorities Act was introduced to support the apartheid government's policy of separate development. The repeal of the Act is in line with the democratic government's agenda to repeal all statutes in the Statute Book that are redundant, obsolete or in conflict with constitutional imperatives.
The Black Authorities Act, No 68 of 1951, is one of those Acts that are old and obsolete, and it undermines the values of human rights and equality enshrined in our Constitution. Therefore, the Act is not relevant to the current situation.
Our Constitution indicates that all shall enjoy equal rights irrespective of race or colour. Furthermore, section 21(3) of the Constitution says that every citizen has the right to enter, to remain in and to reside anywhere in the Republic. The Black Authorities Act undermines all of that. The Act was enacted during the apartheid era to establish tribal, regional and territorial authorities to administer the affairs of black people only and not of all South African citizens. Its intention was to keep "kaffers op hulle plek" or black people in their place, and that place was in the homelands. South Africa is a unitary state. Racial and tribal divisions are no longer acceptable.
The Constitution requires that people's dignity be protected and respected, but the Act was aimed at controlling, dehumanising, dividing and discriminating against black people in the former homelands instead of broadening constitutional values and human rights.
In a democratic dispensation, proper consultation with communities on matters that affect their lives is vital. Rural people, as citizens of this country, must be able to participate in the decision-making processes. The Black Authorities Act gives the government, chiefs and headmen the right to take decisions on behalf of rural people, which deprives them of the freedom of expression as enshrined in section 16 of the Constitution - the Bill of Rights. Public participation encourages people to be more responsible for their actions.
As the ANC, we resolved at the Polokwane conference that we need to strengthen the voices of rural South Africans, empower rural communities and build the momentum behind agrarian change and land reform by supporting the mobilisation of rural people, working together with progressive movements and organisations and building forums and structures through which rural people can articulate their demands and interests. This is in line with section 18 of the Constitution, which supports freedom of association and expression.
Rural development is the central pillar of our struggle against unemployment, poverty and inequality. High levels of rural poverty and equality inhibit the growth of our economy. Most rural people were dependent on subsistence farming to feed themselves and their families, but they are burdened with tax payments while they have no income. Section 6 of the Act gives the territorial authority the right to impose tax on black inhabitants. Through the Act, rural people have been required to pay taxes such as horse, tribal, poll and, development tax, as well as and other taxes to tribal authorities as well as government. This means that rural people were doubly taxed, which contradicts the Constitution because it restricts the power to levy taxes on national, provincial and local government.
South Africa's brutal apartheid past was based on inequalities. Women in South Africa have a history of being disadvantaged which was built under the old laws. The patriarchal system was the order of the day. Women were made to depend on men economically. The status of women was reduced to that of children. Women were not allowed to chair meetings. Meetings were chaired by the commissioner or an adult male, which undermined the capacity of women and promoted the ideology of male superiority, while the right to equality is a basic right in the Constitution. Women were not allowed to speak for themselves, and their voices were not heard.
Furthermore, women were not allowed to own property. When a husband passed away, the eldest son or the brother-in-law was to take over. This contradicts section 25(1) of the Constitution, which protects the rights of every person to acquire and hold rights to property. The rights of the people are the same regardless of race, colour or sex.
With the new dispensation, women are speaking for themselves and are not represented by men as this undermines their rights. The rights of women are of equal importance to those of men. The repeal of the Black Authorities Act will eradicate gender discrimination and oppression, and it will ensure that all South Africans do indeed have equal access to opportunities and protection.
The ANC resolved in Polokwane that we need to ensure that the allocation of customary land is democratised in a manner that empowers rural women and supports the building of democratic community structures at village level that are capable of driving and co-ordinating local development processes.
Gender equality must be a critical ingredient, and an important outcome of all our programmes of rural development. Correcting the injustice of the past requires that women must increasingly become beneficiaries and decision-makers in respect of strategies to overcome poverty in rural areas.
The programme of rural development and land reform must integrate clear strategies that seek to empower the poor. This is especially the for those who derive all or part of their livelihood from productive land in line with the Freedom Charter's call that "the land shall be shared among those who work it". Critical beneficiaries of change must be rural women.
Democracy requires that citizens be continuously engaged in governance through interaction with those who make decisions. We are elected to make policies and laws on behalf of the people. We are therefore required to fulfil their mandate by ensuring continuous consultation and dialogue with citizens whom we represent.
The Constitution accords the public a role in parliamentary proceedings. As an activist parliamentary committee, we facilitated public involvement during the processing of this Bill. The public was invited to make written comments. Furthermore, public hearings were held whereby various stakeholders made comments on the Bill. We heard the voices of the public. The public supports the repeal of the Black Authorities Act.
Through the repeal of the Black Authorities Act, we have nothing to lose but everything to gain as there will be a transition from the old discriminatory Act to a new democratic, participatory social order whereby rural people will realise their constitutional rights. The Black Authorities Act has no space in this democratic dispensation as it has no respect for people's equal rights and dignity. It cannot be part of our constitutional mandate. Therefore, it must be removed from the Statute Book.
The people of South Africa declared that South Africa belongs to all who live in it - black and white - and that no government can justify and claim authority unless it is based on the will of the people.
I agree with the hon Minister that we will continue to review all pieces of legislation which are on our Statute Book that continue to undermine the dignity of South Africans and conflict with the Constitution as it is the supreme law of the country. I therefore see no reason for this Act not to be repealed. I thank you. [Applause.]