Deputy Chair, before I go into the statement on the Bill itself, I think it is important to say - because we are worried, as Gauteng - that the chairperson of the committee that was debating just now was not personally informed and nobody discussed it with her.This is a very serious issue. We think it must be properly addressed because it is incorrect. If there's something wrong, our Whip from Gauteng should have been informed and have dealt with this issue so that we know exactly what is happening. We want to put it on record that we don't think it is correct to do things the way they are being done now. Thank you, Chair.
The Black Administration Act, Act 38 of 1927, is one of the last remnants of apartheid that has still not been repealed in its entirety, as a repeal of certain provisions of this Act is dependent on the implementation of substitute legislation. Sections 12 and 20 of the Black Administration Act deal with judicial powers of traditional leaders to preside over certain civil and criminal matters.
However, in order for these sections to be repealed, the Department of Justice and Constitutional Development must put in place new legislation that will regulate the rule and responsibilities of traditional leaders in the administration of justice in the traditional courts. The Department of Justice and Constitutional Development has since finalised its policy framework on the traditional justice system under the Constitution and subsequently introduced the Traditional Courts Bill in Parliament in April 2008.
The Traditional Courts Bill seeks to regulate matters dealt with in sections 12 and 20 of the Black Administration Act and will provide the legal framework for the operation of traditional courts. The operation of the said sections of the Black Administration Act has been extended a number of times to allow the department to finalise legislation and policy in this regard.
In terms of the last amendment, the life of sections 12 and 20 of the Black Administration Act was extended to 30 December 2009, when it became evident, following submissions on the Traditional Courts Bill and the conclusion of public hearings on this Bill, that more time would be needed to deliberate and consult on the Traditional Courts Bill.
It should also be noted that the South African national elections and the establishment of the Fourth Parliament in 2009 have impacted on Parliament's legislative programme for the year.
It is once again foreseen that the Traditional Courts Bill currently before the Portfolio Committee on Justice and Constitutional Development will not be signed into law by the deadline of 30 December 2009. The portfolio committee has thus resolved to initiate the Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Bill.