Proposed Amendments to Marriages Act; 2010 Soccer World Cup Preparations: briefing

HOME AFFAIRS PORTFOLIO COMMITTEE
1 August 2006
MARRIAGE ACT: PROPOSED AMENDMENTS; 2010 SOCCER WORLD CUP PREPARATIONS: BRIEFING

Chairperson: Mr M Sibande (ANC)

Documents handed out:
Department of Home Affairs Marriage Act presentation: Part1, Part2, Part3 & Part4
Department of Home Affairs 2010 FIFA Soccer World Cup Project presentation: Part1, Part2 & Part3
Marriage Act Amendment Draft Bill: Part1, Part2, Part3, Part4
Constitutional Court case judgment: Minister of Home Affairs and Another v Fourie and Another; Lesbian and Gay Equality Project and Others v Minister
Summary of judgment

SUMMARY
The Committee met with the Department of Home Affairs to receive briefings on the proposed amendments to the Marriage Act. Various proposals by stakeholders regarding the definition of marriage were presented. The Constitutional Court had set a deadline for the required amendments to the Marriage Act. Questions included the need for comparative studies of other same-sex marriage laws, the importance of adequate time for submissions, the complex nature of the redefinition of marriage, and the need to include all relevant options,

The Department of Home Affairs also briefed the Committee on the planning process and preparations for the 2010 Soccer World Cup tournament. A Project Office had been established and a Project Manager had been appointed. The Department had made extensive contributions to the World Cup framework legislation. Members’ questions addressed the Departments that were responsible for the draft Bill, the use of community radio stations to enhance communication of preparations for the World Cup, the need to improve migration control at airports and a request for regular updates on the preparation process.

MINUTES
Marriage Act: Presentation by the Department of Home Affairs (DHA)
The Chairperson noted that the Chairperson of the Justice Portfolio Committee would attend all meetings during the Marriage Act amendment process. A Constitutional Court ruling had found certain clauses of the Marriage Act to be unconstitutional. Public hearings would be arranged in due course. Numerous letters had already been received from various stakeholders. The Committee would ensure that grassroots consultation occurred.

Ms J Naidoo (Chief Director-Legal Services, DHA) referred to the specific Constitutional Court judgement and pointed out certain key issues. The failure of the Marriage Act to recognise same-sex marriages was found to be unfair discrimination. Remedies proposed by the Constitutional Court were explained. Proposals recommended by the South African Law Reform Commission and the Commission on Gender Equality were outlined. Certain Department proposals were also presented. The processes followed by the Department to meet deadlines imposed by the Constitutional Court were explained.

Ms F Chohan-Kota (Chairperson: Justice Portfolio Committee, ANC) stated that Parliament had to consider all options when formulating meaningful legislation. It would be necessary to undertake comparative studies of other relevant legal frameworks, and to plan the legislative process carefully to meet the deadlines. Requests for submissions should be initiated now.

Mr S Swart (ACDP) noted that the proposed amendments were an emotive issue that required a sensitive approach. The redefinition of the institution of marriage was a complex task. He noted that no mention was made of the Marriage Alliance proposals. The legislation should not be rushed through to meet certain deadlines.

The Chairperson reminded Members that Parliament would now be accorded the opportunity to make input on proposed amendments to the Marriage Act.

Mr T Delport (DA) concurred that the Department had not presented all options, and a balanced approach was required to incorporate all points of view. Marriage was perceived as the cornerstone of society. The present Marriage Act did not address same-sex marriages. He agreed that the Department should provide a comparative overview of current international practice.

Ms S Kalyan (DA) supported the idea of further research and asked whether the aim of the process was to meet the deadline imposed by the Constitutional Court or produce relevant legislation. The Department of Justice should also explain its position on the matter. She asked whether there was any disagreement between the two Departments.

Mr Johan de Lange (Department of Justice - Legal Drafter) stated that the Department of Justice (DOJ) had not rejected any proposals from DHA. The intention of the proposed legislation was to give effect to the Constitutional Court ruling. The separation of powers between the executive and the legislature had to be adhered to. The Constitutional Court had mentioned a number of options as part of the ruling. Extensive scientific research had taken place and Parliament must give a carefully considered decision.

Mr M Sikakane (ANC) proposed that community radio stations be utilised to ensure adequate consultation with rural communities.

Mr J Jeffrey (ANC) noted that no Bill was currently in place and therefore no purpose would be served by substantive debate at present. The executive had still to decide on the best policy and to produce a draft Bill that would be tabled in Parliament. The draft Bill would have to take into account the Constitutional Court ruling.

The Chairperson asked which Department was responsible for the compiling of the Bill.

Ms Naidoo replied that both Departments were involved in the drafting process.

Mr de Lange asserted that the Marriage Act was administered by the Department of Home Affairs.

Ms Kalyan pointed out that the presentation referred to the rejection of certain DHA proposals by DOJ.

Adv D Erasmus (Department of Home Affairs - Legal Drafter) added that it had been agreed that both Departments would formulate legislation, to give effect to the Constitutional Court ruling. The South African Law Reform Commission also had to be involved in the process.

Ms Chohan-Kota stressed that the process should not alienate certain groups within society, and urged that the process of calling for public submissions should start immediately, and that all options should be considered.

The Chairperson indicated that a meeting would be held with the Speaker to develop a programme of action, so that there would be continuous interaction with the relevant Departments.

2010 Fifa Soccer World Cup project presentation
Ms Lorraine Makola (Acting Deputy-Director-General, DHA) provided background information on the World Cup project and upcoming events in the process. Human resource capacity had to be developed at various posts to ensure success. A Project Manager had been appointed to oversee the preparations. A Strategic Plan had been devised. The Department had made extensive contributions towards the legislative framework governing the event.

The Chairperson stated that more detail on the implementation plans was required.

Mr F Beukman (ANC) suggested that the Committee should request regular feedback reports on the implementation process. He pointed out that since migration control at points of entry was an important component of the overall plan, it was vital to improve capacity at major airports.

Dr S Huang (ANC) asked what type of relationship the Department had with the major airports. Clarity was also sought on plans to address the influx of illegal immigrants.

Ms Kalyan asked where the project office was situated and how the additional facilities would be funded. Immigration officials had to receive adequate training in order to cope with the expected influx and deal competently with VIP visitors. She asked whether visitors would be turned away at the airports if no blank pages appeared in their passports.

Ms Makola responded that the framework had to be relevant to the African context but international advice was important and would be considered. Bilateral talks would be held with neighbouring countries to discuss planning arrangements. In regard to airports and immigration control, she confirmed that Home Affairs officials at airports had been issued with walkie-talkies to improve communication and ensure that delays in the processing of arrivals would be prevented. Funding for the necessary alterations would be sourced from the National Immigration branches at provincial level. A plan was in place to address human resource needs. Regulations required that all incoming visitors had at least one blank page in their passports. The recent incident where President Clinton was not recognised at Johannesburg International Airport was due to the failure of the protocol officer to be involved.

Ms Kalyan asked why a concession could not be made on the blank page issue for the duration of the World Cup. Processes to expedite visa applications should be introduced.

The Chairperson stated that the blank page requirement could not be compromised despite the size of the event. The country should encourage as many visitors as possible to attend the tournament.

Mr W Skhosana (ANC) asked whether plans were in place to source the required spending. He asked whether African countries would be included in the 33% ticket sales to foreign citizens.

Ms Makola responded that the 33% ticket sales to foreign citizens included African countries. The number of expected visitors depended on the final group of participating countries following the qualification rounds. Foreign missions would be capacitated to improve overall service delivery. Officials from certain embassies would not travel to airports to provide new passport pages for their citizens.

Mr M Sikakane (ANC) proposed that the levels of bureaucracy at immigration control should be reduced to facilitate ease of access and simplify the process.

Mr F Du Toit (Project Manager-World Cup) added that organisers would only know the composition of the participants at the tournament in December 2007. Provincial managers would provide an analysis of their respective points of entry by the end of August.

Ms Makola confirmed that the Department would provide a conclusive report to the Committee on the planning process in the near future.

The Chairperson requested that the Committee receive an update report on preparations every six months. She stressed that adequate communication for urban and rural communities should be set up to explain the nature of the World Cup event and how citizens could be involved. The World Cup was a major international event that had to be a success.

The meeting was adjourned.