"WOORDEBOEK VAN DIE AFRIKAANSE TAAL" ACT REPEAL BILL; AFRICA INSTITUTE OF SOUTH AFRICA BILL; ACADEMY OF SCIENCE OF SOUTH AFRICA BILL: VOTING

The following persons were in attendance:

Mr Sonnyboy Bapela, Director: Legal Services, Department of Arts, Culture, Science and Technology;

Dr Nonhlanhla Mkhulisi, Director: National Language Service, Department of Arts, Culture, Science and Technology;

Mrs Thapi Segoati, Deputy Director: Parliamentary Officer: Department of Arts, Culture, Science and Technology;

Mr Arno Webb, Director: Science and Technology Co-ordination: Department of Arts, Culture, Science and Technology;

Ms Nazeema Mahomed, Parliamentary Officer: Africa Institute of South Africa;

Adv D Erasmus, State Law Adviser: Parliament of South Africa;

Adv Sivhaga Netshitomboni, State Law Adviser: Parliament of South Africa.

1. "Woordeboek van die Afrikaanse Taal" Act Repeal Bill [B30B - 2001]

The Committee proceeded to the consideration of the clauses.

The Chairperson moved: That in the opinion of the Committee legislation is desirable to provide for the repeal of the "Woordeboek van die Afrikaanse Taal" Act, 1973 and to provide for matters connected therewith, and that the Bill referred to the Committee be taken as a basis.

Motion agreed to.

The Chairperson put the long title to the Committee. Agreed to.

The Chairperson put clauses 1 - 5 to the Committee. Agreed to.

"Woordeboek van die Afrikaanse Taal" Act Repeal Bill [B30B - 2001] agreed to.

The Chairperson submitted a draft report, which was considered and adopted.

The report read as follows: The Select Committee on Education and Recreation (NCOP), having considered the subject of the "Woordeboek van die Afrikaanse Taal" Act Repeal Bill [B30B - 2001] (sec 75), referred to it, begs to report that it has agreed to the Bill.

2. Africa Institute of South Africa Bill [B47B - 2001] sec 75

The Committee proceeded to the consideration of the clauses.

On clause 4 subsection 3, Ms Kgoali sought clarification on the composition of the Council, in respect of it being representative of gender and language.

Mr Webb explained that the Council would not be made up of a large number of members. The general policy he said would be to rotate members in the next term of office if a certain subgroup is disadvantaged.

Ms Kgoali felt that the idea of rotation was most welcome, but suggested that this should be clearly indicated in the Bill.

Ms Ntlabati expressed concern that the Department had not explained to the Committee on page 9, clause 20 (3) if the word "or" could be changed to "and". She added that this was a concern raised by members at the briefing last week and needed to be addressed.

Adv Erasmus explained that "or" can mean "or" or "and".

Ms Ntlabati asked if this is according to the Interpretations Act?

Adv Erasmus indicated that he was not clear and would need to consult further.

Ms Ntlabati explained that as subsection 3 reads it means that the Council can consult with the Minister of Finance without the Minister of Arts, Culture, Science and Technology being aware of this process. .

Adv Netshitomboni said that clause 20 needed to be read in totality for a clearer understanding. Mr Bapela concurred with the State Law Adviser.

Adv Erasmus re-iterated that the Council would not be able to make regulations without consulting the Minister.

Members felt that if the Department and the State Law Advisers are of the opinion that it should not be changed then the Bill should remain as is.

The Chairperson moved: That in the opinion of the Committee legislation is desirable to establish a juristic person to be known as the Africa Institute of South Africa which is to succeed the company known as the Africa Institute of South Africa; to state its objectives; to establish a Council to control, manage and direct the affairs of the Institute; to provide for the composition, management and functions of the Council; to provide for the staff of the Council and ancillary matters; to provide for the deregistration of the Company known as the Africa Institute of South Africa and for transitional matters; and to provide for matters incidental thereto, and that the Bill referred to the Committee be taken as a basis.

Motion agreed to.

The Chairperson put the long title to the Committee. Agreed to.

The Chairperson put clauses 1 - 21 to the Committee. Agreed to.

Africa Institute of South Africa Bill [B47B - 2001] agreed to.

The Chairperson submitted a draft report, which was considered and adopted.

The report read as follows: The Select Committee on Education and Recreation (NCOP), having considered the subject of the Africa Institute of South Africa Bill [B47B - 2001] (sec 75), referred to it, begs to report that it has agreed to the Bill.

3. Academy of Science of South Africa Bill [B67B - 2001]

The Committee proceeded to the consideration of the clauses.

The Chairperson moved: That in the opinion of the Committee legislation is desirable to establish a juristic person known as the Academy of Science of South Africa; to determine its objectives, functions and method of work; to prescribe the manner in which it is to be managed and governed; to provide for the repeal of the Suid - Afrikaanse Akademie vir Wetenskap en Kuns Act, 1959; and to provide for matters connected therewith, and that the Bill referred to the Committee be taken as a basis.

Motion agreed to.

The Chairperson put the long title to the Committee. Agreed to.

The Chairperson put clauses 1 - 20 to the Committee. Agreed to.

Academy of Science of South Africa Bill [B67B - 2001] agreed to.

The Chairperson submitted a draft report, which was considered and adopted.

The report read as follows: The Select Committee on Education and Recreation (NCOP), having considered the subject of the Academy of Science of South Africa Bill [B67B - 2001] (sec 75), referred to it, begs to report that it has agreed to the Bill.

The Chairperson thanked the Department and State Law Advisers for their input and attendance at the meeting. He wished them well over the festive season and indicated that the Committee looks forward to a good working relationship with them next year.

The Chairperson indicated that the Committee needed to decide which of the three bills would be debated in the Council on 9 November 2001.

Ms Kgoali indicated that the Chairperson of the NCOP is not happy with statements being passed in the Council, especially when it deals with legislation.

Ms Kgoali suggested that on the "Woordeboek van die Afrikaanse Taal" Act Repeal Bill [B30B - 2001] a statement be made as it is very short. The Africa Institute of South Africa Bill [B47B - 2001] and the Academy of Science of South Africa Bill [B67B - 2001] needed to be debated.

Members agreed with the suggestion.

Mr Kgware announced that:

1. Mr van Niekerk had to be consulted regarding the Pan South African Amendment Bill as the Department has a draft Bill that includes the concerns raised by Mr van Niekerk.

2. The Conference on Multi-lingualism would be a joint venture between Parliament and the Department of Arts, Culture, Science and Technology. The Presiding Officers are involved in this process.

3. The Committee is still waiting on reports from the provinces on "Sexual Violence in Schools". Reports from the Free State and Mpumalanga are still outstanding. As a result of this the debate on Sexual Violence in Schools, which was scheduled for 30 October 2001, had to be postponed. This would be held next year.

4. On 7 November 2001 the Committee will have a briefing on the "The National Curriculum Statement" as well as discuss the Committee's annual report. The Committee Secretary will draft the report and the Researcher will compile a report on the areas of focus of the Committee.

Mr Raju expressed concern that the pace at which the Committee was handling the issue of sexual violence was problematic. The Committee is never consulted on debates in the Council and asked who was responsible for the scheduling of debates. Also, the Committee is not working closely with the Portfolio Committee on Sport and Recreation in addressing sporting issues of national concern.

Ms Kgoali felt that these were issues that needed to be addressed with the Chairperson of Committees. She suggested that the Committee draw up a programme, which needs to be sent to the Chairperson of Committees.

The Chairperson thanked Ms Kgoali for her proposal.

The Committee adjourned at 12:10 until 7 November 2001.

Gauteng

Ms J Kgoali

Ms E N Lubidla (co-opted member)

Mr D M Kgware (Chairperson)

North - West

Mr J O Tlhagale

Ms M P Themba (co-opted member)

Ms S N Ntlabati

Mr N M Raju

Prince B Z Zulu

Apologies were received from Ms Q D Mahlangu and Mr T H Sogoni.