NYDA Amendment Bill: proposed amendments; with Deputy Minister

Women, Youth and Persons with Disabilities

21 November 2023
Chairperson: Ms C Ndaba (ANC)
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Meeting Summary


This was a short meeting for the Committee to formally adopt the Committee proposed amendments (A-List). At the next meeting, it will consider and adopt the B-version. The Committee will apply to the National Assembly for permission to add an amendment to a section in the prinicpal Act that was not part of the Amendment Bill as tabled. This amendment is purely technical and specifies what type of national public entity it is.

The Committee observed a moment of silence for the passing of Commissioner Lindiwe Ntuli-Tloubatla of the Commission of Gender Equality.

Meeting report

Opening comments
The Chairperson informed the Committee of the passing of Ms Lindiwe Ntuli-Tloubatla, Commissioner for the Commission of Gender Equality (CGE), who sadly died the previous day. She could not believe that the late Commissioner was gone now. She was very hard working. She knew all the places the Committee went to. She was with the Committee from the beginning until the end. She had a lot of experience with administration and policies and could advise on such. Climate change was very close to her heart. She knew the causes and management tools for handling the floods in Kwa-Zulu Natal (KZN). She loved the country so much. The late Commissioner assisted on the matter of Commissioner Mbuyiselo Botha and on Gender-Based Violence and Femicide (GBVF) cases. The country had lost a dedicated public servant who served with pride. She understood the issues and knew where to go and how to proceed. The Chairperson asked for a moment of silence to be observed for the late Commissioner.

The Department was launching the 16 Days of Activism campaign in the coming days. She suggested that Ms T Masondo (ANC) should represent and speak on behalf of the Committee at the launch.

Deputy Minister Sisisi Tolashe gave her condolences to the family of the late Commissioner. May all be comforted by God during this difficult time.

Ms F Masiko (ANC) expressed her condolences to the family of the late Commissioner on behalf of the African National Congress (ANC). She was a dedicated Commissioner and had left fond memories of her dedication to her work and country. She was a good listener and was able to advise on many matters. She requested to be informed on details for the late Commissioner’s funeral and memorial service.

Ms N Sharif (DA) expressed her condolences to the family of the late Commissioner on behalf of the Democratic Alliance (DA). She was heartbroken. She had fond memories of her dedication and passion for her work. She also had memories of the stories in the books and poems written by the late Commissioner because she was so talented. She prayed that all would find healing.

Ms N Sonti (EFF) expressed her condolences to the family of the late Commissioner on behalf of the Economic Freedom Fighters (EFF). Only God knew what He was doing. She hoped that the late Commissioner would rest well in eternity.

The Chairperson promised to update the Committee on the funeral arrangements.

NYDA Amendment Bill: Committee proposed amendments (A-List)
The Chairperson asked if the necessary changes had yet been made.

Dr Bernice Hlagala, Chief Director: Youth Development of the Department, replied that there were no additional changes.

The Chairperson called for the working document to be screened.

Mr Emmanuel Kganakga, Director of Youth Legislation and Policy, said that the Parliament Legal Advisor would present the developments in the A-List and B-Bill.

Ms Sueanne Isaac, Parliament Legal Advisor, presented the final version of the A-List and B-Bill . Besides the Committee proposed amendments there was one new clause which was a technical amendment to Section 2 of the principal Act noting that the NYDA was a public entity list in Part A of Schedule 3 of the Public Finance Management Act. As this was an amendment to a section that was not in the NYDA Amendment Bill as tabled in Parliament, the Committee would have to report on this to the National Assembly and request its permission to include this. The Committee should not be concerned as is was purely process and would not hold up the processing of the Bill. The Parliamentary Legal Advisor would assist with this.

Ms Isaac also noted that the A-List had still not been formally printed by Creda but it would do so by the next meeting.

After the presentation, the Chairperson called for questions and comments.

Ms C Phiri (ANC), Ms Masondo, Ms Sharif, and Ms Sonti stated that they were covered.

The Chairperson asked if the Department was covered, and they confirmed this. The National Youth Development Agency also said that they were covered.

The Chairperson stated that the Committee was in agreement with the A-list. They were done with it.

Ms Isaac said that at the next meeting, the Committee would adopt the Bill.

The Chairperson agreed with this and asked if Ms Isaac would have the B-Bill ready by Friday 24 November. She suggested that this be done so that they could adopt the Bill the following week.

Ms Sharif expressed her apology for not attending the Friday meeting on Friday as she was unaware and had accepted an invitation to another meeting.

To this, the Chairperson suggested they rather meet on Thursday evening.

To this, Ms Phiri mentioned that she would not be available as she had another meeting to attend.

The Chairperson suggested that they meet on 23 November after the plenary session to adopt the B-version. This would be a short meeting and then they would be done.

Ms Sonti agreed with the proposed plan as did the Parliamentary Legal Advisor, Ms Isaac.

The Chairperson thanked all for their time and participation and the NYDA who had attended every meeting. They were now able to reach a finalisation.

The Chairperson said the work that the Committee did was important and necessary. She noted the DA had voted against the Bill being desirable. Hopefully next week it would be included in the National Assembly order paper.

Ms Sharif asked when would the National Assembly debate their Budgetary Review and Recommendations Report (BRRR) as she did not see this on the schedule.

The Chairperson mentioned that the National Assembly did not debate all Portfolio Committee BRRRs, only the ones which had serious implications such as Public Enterprises and Minerals and Energy. The salary increment for the Commissioner of Gender Equality commissioners needed to be scheduled so they could present to Parliament. They would check to see if the Department added the money. She would confirm this. She noted that currently all Bills were prioritised in Parliament.

Ms Neliswa Nobatana, Committee Secretary, noted that the Committee staff would write to the Speaker with the request for permission to include the new clause in the NYDA Amendment Bill so that they could adopt this next week.

The Chairperson agreed that the letter should be written.

Ms Kashiefa Abrahams, Committee Content Advisor, said that this was a procedural matter. The National Assembly Rules stated that the moment a Committee included an amendment to a section which was not tabled in an Amendment Bill, this had to be formally requested from the National Assembly. The Committee would have to receive permission to include this.

The Chairperson said Ms Abrahams should speak to the Office of the Speaker about this.

The minutes of 10 and 14 November 2023 were considered and adopted.

The meeting was adjourned.


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