NYDA Amendment Bill: adoption; CGE Commissioner vacancies

Women, Youth and Persons with Disabilities

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


In a virtual meeting the Portfolio Committee discussed and adopted its Public Hearings Report on the National Youth Development Agency (NYDA) Amendment Bill. The Committee adopted its motion of desirability, each of the clauses and the Bill. The more significant Committee amendments to the Bill were to Clauses 2, 3, 7 and 8.
The meeting also planned for filling the vacancies of five CGE Commissioners whose terms are ending in 2024. There will be a call for CGE Commissioner nominations and applications from 14 December 2023 until 31 January 2024

Meeting report

Committee Report on NYDA Amendment Bill Public Hearings
Ms Kashifa Abrahams, Committee Content Advisor, said the report encompassed both the oral and written submissions to the Committee and its purpose was to document the public participation. 
The Committee went through the draft report, page by page until the “Expression of minority view” section which featured the opinion of the Democratic Alliance (DA). Members discussed the semantics of the term” minority view” as well as its necessity for inclusion in the report. After consultation with Dr Herman Tembe, Legal Officer for Parliament's Office on Institutions Supporting Democracy and Ms Abrahams for clarity, it was determined that inclusion of the “Expression of minority view” section was legally permitted.

The Portfolio Committee was satisfied with the report except for a few changes.

Ms Masondo (ANC) moved for the adoption of the draft report.

Ms M Khawula (EFF) seconded the adoption of the report.

The report was adopted with a few corrections.
NYDA Amendment Bill: clause by clause consideration
Ms Sueanne Isaac, Parliamentary Legal Advisor, said that the Committee is at the last stage of processing concerning the National Youth Development Agency Amendment Bill.

Ms Isaac took the Committee through the formal version of the adopted A-list of Committee proposed amendments and B-Bill showing those incorporated amendments. The substantive amendments were featured in Clauses 2, 3, 7 and 8

Clause 1 - Definition 
Ms F Masiko (ANC) said that amendments were captured correctly and moved for the adoption of Clause 1.

Ms N Sonti (EFF) saw no issue with Clause 1

Ms G Opperman (DA) agreed that Clause 1 was captured correctly.

The clause was adopted.

The Chairperson asked Ms Opperman to remind the Committee which clause she did not support.

Ms Opperman responded that it was Clause 3(1)(d) which stated that the object of the NYDA was to promote the interest of the youth who particularly fall within the designated groups contemplated in the Employment Equity Act of 1998

Clause 2 -Objects of the Agency
Ms B Marekwa (ANC) voted for the adoption of Clause 2

[1:30:08-1:30:18 inaudible]

Ms Opperman stated that Clause 2 was captured correctly and seconded adoption of the clause.

Clause 3 – Provisions
Ms Sonti supported Clause 3

Ms Masiko seconded the adoption of Clause 3

Ms Opperman supported what was captured except 3(1)(d) of the clause.

The Chairperson acknowledged that Clause 3(1)(d) was the only section not supported by the Democratic Alliance.

Clause 4 (amending Section 5 of Act 54 of 2008)
The Chairperson asked Ms Isaac if there was any amendment to Clause 4.

Ms Isaac confirmed that there was a long substantive amendment to Clause 4

Ms T Masondo (ANC) supported Clause 4

Ms Opperman commented that Clause 4 was correctly captured.

Ms Sonti also supported Clause 4

The Chairperson noted adoption of Clause 4 by the Portfolio Committee.

Clause 5 – Reporting by Agency
Ms Isaac reported that the clause had no amendments.

Ms Masiko moved for adoption of Clause 5.

Ms Sonti seconded the adoption of Clause 5

Ms Opperman commented that everything was fine.

Clause 5 was adopted by the Portfolio Committee

Clause 6 - Role of organs of state in supporting Agency
Ms Marekwa supported Clause 6.

Ms Opperman seconded the adoption of Clause 6.

[1:35:08 – 1:38:20 The Chairperson and Ms Sonti conversed in a different language]

Clause 7- Governance responsibilities of the Board
Ms Marekwa supported the adoption of Clause 7. 

Ms Sonti seconded the adoption of Clause 7.

Ms Opperman commented that she was fine as there was an agreement that there would be no financial burden or responsibility on state organs or municipalities only their cooperation.

The amendment to Clause 7 was adopted

Clause 8 - Disqualification, removal from office and resignation of members and filling vacancy during term

Ms Opperman stated that Clause 8 was correctly captured especially the two ex-officio members.

Ms Masiko agreed and seconded the adoption of Clause 8.

Clause 9 
No amendments were proposed

Ms Masondo supported Clause 9 and moved for its adoption.

Ms Opperman seconded the adoption of Clause 9.

Clause 10 
No amendments were proposed

Ms Masiko moved for the adoption of Clause 10.

Ms Sonti seconded the adoption.

Ms Opperman commented that she saw no problems with Clause 10.

Clause 10 was adopted by the Committee.

Clause 11
No amendments were proposed

Ms Opperman moved for the adoption of Clause 11.

Ms Masondo seconded the adoption.

Clause 12
No amendments were proposed

Ms Sonti saw no issues with Clause 12

Ms Opperman supported the adoption of Clause 12

Clause 13
No amendments were proposed.

Clause 14 - Amendment of Arrangement of Sections of Act 54 of 2008

Ms Masondo supported the adoption of Clause 14.

Ms Sonti seconded the adoption of Clause 14.

Clause 15
The Chairperson spoke in a different language (1:42:32-1:42:39) 

Ms Marekwa moved for the adoption of Clause 15.

Ms Sonti seconded the adoption.

Clause 16
The Committee adopted Clause 16

Long Title
Ms Abrahams presented the changes to the Long Title which included the Committee amendments.

Ms Opperman moved for the adoption of the Long Title.

Ms Masiko seconded the adoption.

Adoption of NYDA Amendment Bill [B13B of 2022]
The Chairperson noted all the clauses have been adopted and requested a mover and seconder for the adoption of the Bill. 

Ms Masiko appreciated the efforts taken with the Bill dating back to when the Bill was first introduced to Parliament. She expressed appreciation for the public participation process supported by the Department of Women, Youth and Persons with Disabilities (DWYPD) and Parliament.

Ms Masiko stated that she supported the Bill.

Ms Opperman seconded the adoption of the Bill except for the section rejected by the DA.

Ms Sonti seconded the adoption of the Bill.

Ms Sharif wanted to make sure that the DA’s objections to Clause 3(1)(d) had been noted. 
Chairperson's closing remarks on NYDA Amendment Bill
The Chairperson thanked the Portfolio Committee for their participation which ensured the amendments were duly adopted. She noted the clause not supported by the DA. All political parties were in agreement with the NYDA Bill and how it will help young people.

The Chairperson thanked the Office of the Chief State Law Advisor and the legal team for their participation and the NYDA particularly its board members for their valuable participation throughout the process. She thanked the youth of South Africa and civil society organisations for their oral and written submission. She thanked the parliamentary researchers, content advisors and the committee secretary. They deserved salary bonuses.

Ms Sharif thanked the Chairperson for her leadership of the Portfolio Committee and how accommodating she was towards all Committee members. She was proud of Ms Opperman for her work within the Committee.

Dr Bernice Hlagala, DWYPD Chief Director: Youth Development, thanked the Chairperson and the Portfolio Committee for supporting DWYPD and hoped that the Bill would be enacted.

Ms Asanda Luwaca, NYDA Board Chairperson, thanked the Chairperson and the Committee. She commented that the amendments would enhance the work of this portfolio. She appreciated the dedication of the Portfolio Committee to this legislation.

The Chairperson declared that the Bill has been duly adopted by the Portfolio Committee and it will be debated in the National Assembly on 5 December.

The Chairperson reported that she was aware that the DWYPD wanted to submit wage equality
legislation to Parliament. However, that was unsuccessful as it was not part of the legislation schedule that this Committee wanted to deal with and the time constraints. Perhaps during the Seventh Parliament, the Committee might deal with this.

Ms Sonti and Ms Khawula spoke in a different language (1:57:52-2:00:39).

Ms Masiko thanked the Chairperson on behalf of the ANC for her Committee leadership. DWYPD and NYDA should be credited for their efforts as well since this was a team effort.

The Chairperson thanked Committee members and NYDA for their kind messages.

The Chairperson thanked the DWYPD for their perseverance and thanked Dr Tembe

The Chairperson wanted confirmation from Ms Isaac that the Committee Report on the Bill can also be adopted.

The Chairperson thanked the Portfolio Committee for their overall unanimous adoption of the Bill excluding the clause rejected by the DA.

Commission for Gender Equality (CGE): Commissioner vacancies
The Committee Secretary noted that the Deputy Speaker had forwarded a letter requesting that the Committee fill vacancies for five CGE Commissioners whose terms are ending in 2024.

The Chairperson requested input from Committee members about the timeframe to fill the vacancies. The term of one Commissioner is expiring in March while another is expiring in June. If the Portfolio Committee agrees to fill the vacancies, then the advertisement must continue until January 2024. She also asked the Secretary how long previous advertisements lasted. 

The Committee Secretary replied that the Committee previously let the advert run for three weeks. That led to the Committee receiving complaints from civil society organisations about the advertisement period. Since it is soon the holiday season, there is a proposal to run the advert from 17 December until 31 January.

The Committee Secretary displayed the draft programme for the filling of CGE vacancies.

The Chairperson wanted to know specifically if the vacancies were for full-time or part-time commissioners. She directed the support staff to check with the CGE especially for those terms lapsing in March, May and June. If CGE is smart, they should take their part-time commissioners and apply for them to become full-time. The Portfolio Committee would advertise the part-time vacancies. The vacancies need to be checked so that the advert specifies if it is part-time or not.

It was confirmed that there will be five full-time positions vacant and there are part-time commissioners who can apply to be full-time commissioners (3:30:04-3:31:04 unclear).

Ms Sharif referred to the last CGE interviews that were conducted and asked if the low number of people on the original list was the reason for the reopening of the call for applications. Second, she wanted to confirm if the process can give more time to capture the CVs because the Committee was delayed extensively last time due to objections based on this factor. If the Committee could make it a bit longer that would be “a great step forward”.

The Chairperson thanked Ms Sharif and commented that her suggestion was progressive because the Committee would be in recess and only returning in February 2024.

The Chairperson asked if there were any seconders for Ms Sharif’s proposal.

Ms Opperman seconded the proposal.

The Chairperson spoke in a different language (3:34:20-3:34:33)

The Secretary said that she used the previous advert and edited it to add a few more details.

The Chairperson asked if Members had received and read the CGE draft advert and programme. 

Some Members had received them while others were seeing the documents for the first time.

The Chairperson wanted agreement from Committee members that the advert run from December until the second last week of January 2024. This was to allow staff members a week to be able to capture the CVs of the Commissioner applicants.

The Chairperson suggested the Committee meet on 5 December after the plenary session for 90 minutes to look at discuss the advert and timeframe before agreeing to adopt the CGE programme.

The Committee agreed.

Ms Sharif asked if at the upcoming meeting the Committee can “apply itself’ to and discuss the timeframe as well since this concerned her.

The Chairperson agreed to discussing the timeframe and draft programme.

The Chairperson requested that the draft programme and draft advert be sent in advance to avoid wasting time during that meeting.

Ms Masiko agreed with the Chairperson.

Meeting adjourned.


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