Programme for Processing Immigration Bill; Upcoming Committee Study Trips

HOME AFFAIRS PORTFOLIO COMMITTEE
12 February 2002
PROGRAMME FOR PROCESSING IMMIGRATION BILL; UPCOMING COMMITTEE STUDY TRIPS

Chairperson: Mr Mokoena (ANC)

Document Distributed:
Proposed Programme and Process for Treatment of Immigration Bill (see Appendix)

Relevant Documents:
Immigration Bill [B79-2001]

SUMMARY
The line by line reading of the Immigration Bill's Schedules was completed. A programme for processing the Immigration Bill was adopted. The Chair emphasised that, given its importance and magnitude and the need for consultation, the legislation could not be rushed.

MINUTES
The Committee concluded the line by line reading of the Bill by reading through the Schedules at the back of the Bill.

This was followed by review and discussion of the Chair's Proposed Programme and Process for Treatment of the Immigration Bill, the legislative reference number of which he noted should be changed to reflect its having been tabled today, in the 2002 session.

The Chair emphasised that the timeframe for passage will be determined as the collective, consultative process progresses since it must include discussions with the Justice, Finance, Safety and Security and Local Government committees and ministries to ensure that the Bill's provisions can be properly and promptly implemented once it is passed. He reiterated that while time is critical, this legislation is too important to rush. He said that he could not answer the question put by Mr Grobler (DA) as to when he "hoped" passage would occur.

The Chair agreed with the suggestion of an ANC member that the chairperson of the Defence committee also be consulted, and with the suggestion of Ms. Van Wyk (UDM) that the head of the Trade and Industry committee similarly participate. The Chair noted that invitations for comment to such chairpersons would call for attention to specific relevant provisions of the Bill which may concern them.

Prince Zulu (IFP) stated that he would not be "intimidated from addressing timeframes", and recommended that the input process be streamlined to ensure fulfillment of the President's promise to get this Bill passed expeditiously. The Chair replied that, given the history of the legislation, "the Committee had not failed the President" in not having yet passed the Bill, and that the collective nature of the process must be maintained in dealing with such all encompassing legislation. In this regard, he noted his reluctance to mention a target date lest one be interpreted inflexibly, particularly when the process is subject to party political debate.

Concerning the mechanics of the process, Ms Van Wyk (UDM) suggested that a state law advisor be present during Committee discussions to facilitate revising the Bill's text. The Chair supported this, and added that public inputs should also request specific textual changes, rather than make theoretical "dissertations".

Mr Pretorius (NNP) agreed with the need for legal participation in the process. However, the Chair indicated that it would be preferable to reach a consensus on "substance" before legal refinement of the text, that is, a "content 1st, form 2nd" approach. He supported Pretorius' observation that the Department must advise on the cost of administering provisions of the new Bill, noting that this element featured in the Proposed Programme.

Mr Grobler (DP) also agreed with Van Wyk's suggestion that legal advisors should be present when the text is discussed, and the Chair reiterated that they would participate as and when appropriate.  Â

Mr Sikakane (ANC) noted that as Department lawyers are part of the routine process, there is no need for further extraordinary legal advice. The Chair disagreed, saying that input from the state law advisor will facilitate Committee oversight, and prevent total reliance on Department legal opinions on its own work, which may not be objective.

Mr Chikane (ANC) moved that the Proposed Programme be accepted, and it was unanimously adopted.

SADC study tour
The Chair requested that interested members submit their names to the Committee secretary, noting that there was space for ten participants in the upcoming second leg of the SADC study tour. The tour includes a meeting with ACSA and other officials at Johannesburg International Airport, in the wake of recent problems affecting operations, which impact on Department of Home Affairs functions at the facility. This will be followed by meetings from April 6-16 with immigration and other officials of Swaziland and Lesotho, visits to Department facilities in Durban, Port Elizabeth and Bloemfontein. Another agenda item was consideration of a report of an advisory panel on appointment of members of the Film and Publication Review Board, but due to time constraints this was deferred to the next meeting.


Regarding the study tour to Johannesburg, the Chair readily agreed to the recommendation of Ms. Van Wyk that this be delayed until the end of the month, after the budget is introduced next week. It is now scheduled for Monday, Feb. 25, so that individual members might coincidentally use their travel vouchers, rather than limited Committee funds, for this visit.

After discussing arrangements for a February 13 German diplomatic reception, the Chair noted the lateness of the hour and suggested deferring consideration of a report by the advisory panel on appointment of members of the Film and Publication Review Board until the next meeting.

The meeting was adjourned.Â

Appendix:
PROPOSED PROGRAMME AND PROCESS FOR THE TREATMENT OF THE IMMIGRATION BILL [B 79 - 2001]
(TO BE TABLED ON 12/02/2002)

1. Briefing by the Minister of Home Affairs, Dr M G Butheiezi, and by the Special Advisor to the Minister, Dr M Oriani-Ambrosini.

2. Briefing by the Deputy Minister, Mr. C Nqakuta, on the functions allocated to him by the Minister.

3. Briefing by the Department:
3.1Â Director-General, Mr. B L Masetlha
3.2 Deputy Director-General, Mr.l Lambinon
3.3 Advocate K R Malatji

4. Briefing by Portfolio Committee Chairpersons on relevant sections of Immigration Bill:
4.1 Chairperson of PC on Safety and Security
4.2 Chairperson of PC on Justice
4.3 Chairperson of PC on Finance (budgetary implications of
Bill)
4.4 Chairperson of the PC on Foreign Affairs
4.5 Chairperson of the Joint Standing Committee on Intelligence (overview)

5. SARS (South African Revenue Services) on Customs and
Excise at border posts

6. SALGA (South African Local Government Association)

7. Nedlac (National Economic Development and Labour Council)

8. Business
8.1Â Business South Africa
8.2 CDE (The Centre for Development and Enterprise)
8.3 British Chamber of Business in Southern Africa
8.4 American Chamber of Commerce
8.5 Nafcoc
8.6 Fabcos
9. Trade Unions:
9.1 Cosatu
9.2 Fedusa
9.3 Nactu

10. Non Governmental Organisations: Approach Sangoco (South African NGO Coalition)

11. Academia

12. Human Rights Groups:
12.1 South African Human Rights Commission
12.2 South African Human Rights Committee

13. Any other stake-holders

14. Court judgments regarding immigration and existing Aliens Control Act

15. Input by PC on Home Affairs on experiences and insight gained on the SADC study tour

16. Consolidation of inputs

16. Inputs by parties: Direct involvement of PC on Home Affairs

17. Finalisation and Vote on the Bill by the PC on Home Affairs

18. Debate and Vote in the National Assembly

19. Finalisation and Vote by NCOP Select Committee

20. Debate and Vote in NCOP

21. Presidential Accent

22. Gazetting

NB! Timeframes will be determined by progress we make at each stage.