Black Authorities Act Repeal Bill [B9-2010]: Negotiating Mandates

Meeting report

Opening Remarks
The Chairperson noted that the Black Authorities Act Repeal Bill was established to repeal the Black Authorities Act, 1951 (Act No. 68 of 1951), which established statutory tribal, regional and territorial authorities to generally administer the affairs of blacks; abolished the Black Representative Council established by section 20 of the Representation of Blacks Act No. 12 of 1936; and amended the Black Affairs Act No. 23 of 1920 and the Representation of Blacks Act No. 12 of 1936. The Act was a legislative cornerstone of apartheid by means of which black people were controlled and dehumanized, and was reminiscent of past division and discrimination. The provisions of the Act were both obsolete and repugnant to the values and human rights enshrined in the Constitution of the Republic of South Africa. The proposed repeal was also in line with the investigation and report of the South African Law Reform Commission on obsolete and redundant legislative provisions, whose report was adopted by the Department of Justice and Constitutional Development.

Black Authorities Act Repeal Bill [B9-2010]: Negotiating Mandates
The Chairperson noted that 8 of the provinces had forwarded their negotiating mandates to the Committee. Negotiating mandates were submitted by the Northern Cape, Free State, Western Cape, Kwazulu-Natal, Limpopo Province, Mpumalanga, Gauteng, and Eastern Cape Provincial Legislatures. The North West province had failed to submit its mandate and had still not explain why this was the case. All the processes had been followed.

Ms N Ntwanambi (ANC, Western Cape) suggested that it was not necessary for each province to read out their negotiating mandates, as all provinces were unanimous in their decision to support the Bill and each Member had a copy to go by.

The Committee agreed to this proposal.

Voting
The Committee formally voted and approved the Bill with amendments.

Outstanding Minutes
The Chairperson tabled two outstanding minutes for consideration. These were dated 14 September and 19 October 2010. Both were approved with minor amendments.

The meeting was adjourned.