Chair, can I just thank everyone for two things: Firstly, for supporting the Bill. I think it is wonderful that we can send out a uniform message from this Parliament that we, all the parties in this Parliament, passed this piece of legislation and that we want people to be as strict as possible in the implementation. So, I think it is wonderful for all the parties that we have done that and I want to thank you very much.
Secondly, I want to thank you for the spirit of the debate. I think it was a very good debate and it was done with the correct seriousness. There is just one thing that hurt me. Kgoshi Mokoena does not hurt me very easily, but he hurt me really badly today. He is happy to support promotions and salary increases for the staff that work under me, but he is not prepared to propose that the Minister and I get a salary increase. [Laughter.] I am devastated that he is not prepared to support something like that.
I think we must start talking openly and strongly about this problem. If you look at statistics in this country, they are terrible; when grown men start molesting children and babies - there are men in this country who have molested babies; when grown men are forcing kids to watch how they rape other people's mothers and sisters; and in Staggie's case which took place a few years ago, when he forced one of his lieutenants to rape someone in his presence.
The National Prosecuting Authority, the NPA, did a whole audit two or three years ago. That audit showed us that more than 50% of rapes in this country are of girls under the age of 16. What are we doing to our children - the generation of girls and boys? You saw the front page of the Sunday Times. There are things about that article that worry me, but I am not going to nit-pick about some of the things in the article. The mere fact that research can be done to indicate that things which are on that front page are happening is a travesty. As a South African and one that represents our people, I am embarrassed by our country when I read these things about it. We have to take this seriously.
We now have this legislation passed at last. This legislation gives Parliament the tools to play a role from now on. This Bill gives you tools when you go to your constituencies or when you do oversight work in Parliament because it says, for the first time, that you must create a national policy - we all want to be part of it and we want to see it - and that there must be committees crosscutting departments that report regularly on what is happening. So, you have a vital role to play to make sure that reports come to you and that you watch what is in this Bill. When you are in your constituencies, check that this Bill is being implemented. We have to do that.
We have given freedom to our country. But it cannot be free when our women and kids, in particular, do not know whether they can go to their own homes and their uncles, brothers or cousins won't rape them. This is a terrible thing. It is our duty to set aside politics on this issue and fight together, because this Parliament now has the tools with this piece of legislation and we have to use them.
On the issue of constitutionality, I have no doubt that everything in this Bill is constitutional. Of course, people are going to express their own opinions on it. If law advisers want to do that, it is fine. We are not going to pass a piece of legislation as important as this one and have it knocked down as being unconstitutional. We are quite sure of that.
Let me just say what my approach is and what the Minister's approach is to a piece of legislation like this. When it comes to protecting the vulnerable, children and women, I will personally argue and push the boundaries of constitutionality as far as I can.
I am prepared to personally give evidence before any court on why we want this law to be part of our existing laws - even if it infringes on some person who has been accused of rape - because it can give someone the peace of mind that the person who is alleged to have committed raped should undertake a test within 90 days, and not two years later. Their rights should be invaded to that extent that a woman can be sure whether that person has HIV/Aids or not - so that she can live. She has to have a sexual life as well. She has a life to live in the meantime as an adult. We must be in a position to push the boundaries of laws as far as we can.
In this case of HIV testing, I do not think we have pushed the boundaries at all. Even if we did, I would strongly protect this matter and am personally prepared to give evidence on this matter.
I think we must understand the register clearly. We are not creating a name- and-shame register. We want to create an effective register that will protect people. All the names of people who have molested children will go into the register, and over time it will become more effective - especially if you want to employ someone. So, it will be applicable to teachers. From now on, if the Department of Education wants to employ a teacher, they will have to consult the register to determine whether this person has ever committed a sexual offence.
So, we have created an obligation in the Bill that all people who work with children in crches and amusement parks - all those people who will be in charge of children - must have licences before they are employed. As an employer, you have a duty in this legislation to check if that person is on the list or not. It is clearly going to help, over time, as the list becomes more effective. This will create space for employers to screen people before they employ someone who is a known paedophile, such as the case we had in Knysna, etc.
Something that has not been mentioned, and I just want to mention it, is that for the first time in the history of this country this Bill creates provision for the crime of trafficking. We have not mentioned that. The Law Commission, at the moment, is looking at trafficking across the board - all kinds of trafficking of children. What we have at least done in this Bill is that if there is any kind of trafficking for sexual purposes, then this Bill deals with it and outlaws it in the meantime while we are waiting for the bigger piece of legislation to come. So, we must be clear that we are also doing that at the moment through this legislation.
Lastly, I want to say again that you have a major role to play. Most of this Bill, as you have passed it now, will come into operation on 16 December of this year - on Reconciliation Day. I think this is a wonderful thing we have done for our people, because on Reconciliation Day most aspects of this Bill dealing with offences will kick in. Chapter 5 will kick in in March and Chapter 6 will kick in in June as we need to draft regulations for those two chapters. For the rest of the Bill, the crimes that we have made provisions for and all the things that we have done in this legislation will be law from 16 December. From that moment on, we all need to play a big role in trying to turn this horrible abuse against women and children in our society around. Thank you very much. [Applause.]
Debate concluded.