South African Red Cross Society and Legal Protection of Certain Emblems Bill: briefing
NCOP Social Services
23 January 2007
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Meeting report
SOCIAL SERVICES SELECT COMMITTEE
23 January 2007
SOUTH AFRICAN RED CROSS SOCIETY AND LEGAL PROTECTION OF CERTAIN EMBLEMS
BILL: BRIEFING
Chairperson: Ms J Masilo (ANC) [North West]
Documents handed-out
South African Red Cross Society and Legal Protection of Certain Emblems
Bill [B25-2006]
Dept of Health
presentation on the South African Red Cross Society and Legal Protection of
Certain Emblems Bill
SUMMARY
The Committee was briefed on the contents of the South African Red Cross
Society and Legal Protection of Certain Emblems Bill.
Members raised questions that included the following:
-Whether it was the department of Health or Defence that had the jurisdiction
to act whenever the Red Cross had requested some assistance.
- What were the functions of the Minister of Defence in terms of the Bill?
- Whether the Bill was repealing any legislation that addressed matters similar
to those addressed in it.
- The extent to which the Red Cross responded catastrophes and its it-s role in disaster management?
MINUTES
Prof. R Green-Thompson (Advisor: Minister of Health) and Mr S Ramasala (Director: Legal Services), Mr P Fuhri (Director: 2010 World Cup Unit) and Mr H Smuts (State
Law Advisor). Mr Fuhri gave a background to the Bill
and Mr Ramasala took the Committee through the Bill
clause by clause. (See documents attached for briefing).
Discussion
Mr M Sulliman (ANC) [Northern Cape] asked if the
Department of Health or the Department of Defence had the jurisdiction to act
whenever the Red Cross was in need for assistance. Did the two departments have
equal jurisdiction?
Mr B Tolo (ANC) [Mpumalanga]
asked if it was correct to mention the Minister of Defence in the clauses of
the Bill. Clause 1 limited the definition of "Minister" to the
Minister of Health. What were the functions of the Minister of Defence in terms
of the Bill? It was not for the first time that South Africa was making
legislation that addressed issues similar to those addressed in the Bill. He
asked if the existing legislation had been repealed. The department could not
come up with a new legislation whilst the existing legislation had not been
repealed. The Bill did not indicate if it was amending the existing
legislation?
Mr Ramasala replied that Government Notice No. 837 of
30 August 1915 was still in force and would be repealed once this Bill became
an Act.
Mr J Thlagale (UCDP) [North West] said that all
sections of the society were quick to respond whenever there was a disaster in
informal settlements. To what extent did the Red Cross respond to such
catastrophes and what was its role in disaster management?
Mr Fuhri replied that he did not have comprehensive
statistics on the extent to which the Red Cross responded to disasters. The Red
Cross had always been one of the role players in disaster areas nationally and
internationally. This was one reason why the department was closely looking at
creating the Red Cross as an auxiliary of the State. Rural communities were the
most affected and there was a dialogue taking place in relation to programmes
that could be established in the communities to deal with disasters.
Ms N Madlala-Magubane (ANC) [Gauteng]
said that the title of the Bill was the "South African Red Cross Society
and Legal Protection of Certain Emblems" but the objective was the legal
protection of the Red Cross and the Red Crescent emblem. It seemed that there
was some confusion.
Mr Ramasala replied that the long title of the Bill
suggested that there were other emblems that were not covered in the Bill. One
good example was the Red Crystal that was adopted in 2005. SA had not yet
adopted the protocol in relation to the emblem and it was deemed appropriate
not to protect the emblem until such time that the protocol had been ratified.
Should the title be too specific, the department would be required to amend the
title should
there be recognition of new emblems.
Mr Smuts replied that the long title of the Bill was normally kept very general
so that the legislation could be easily amended in future without amending the
title itself.
Mr Tolo noted that clause 5(1) provided that "if
so requested, the society may place its medical personnel and resources at the
disposal of the State". This suggested that it could refuse to help. He
wondered if the clause should say "may" or "must".
Mr Ramasala replied that the Red Cross could assist
in two ways, if so requested. It could assist the army at times of war. The
Minister of Health would not have much to say in relation to defence issues.
Disaster management and health issues were the responsibilities of the Minister
of Health. The two ministers could individually or jointly ask the Red Cross to
assist. The State had no authority to force the Red Cross to place its medical
personnel and resources at its (State) disposal. The Bill was introduced at the
request of the Red Cross with the view that they could be formally recognised
and protected by the laws of the country.
The Chairperson said that there were Red Cross community based projects in the
Western Cape, Northern Cape and KwaZulu-Natal
provinces. She asked what was happening in other provinces. Was there any
funding from the government to assist in running those community based
projects?
Mr Fuhri replied that the Western Cape only operated
a rotor wing (helicopter service) in relation to the Air Mercy services.
Provincial governments funded the majority of the services. The Red Cross did
not simply sit and wait for money from the government. It provided training and
had an enormous volunteer base.
Prof. Green-Thompson replied that each local authority should have a disaster
management plan. The Red Cross usually worked closely with the provincial and
local spheres of government and sourced money from institutions other than the
government. They responded to disasters in a way that supported the activities
of government. In KwaZulu-Natal, it assisted with the
movement of patients and health care workers and this had proved beneficial to
the province given the long distances that had to be travelled. The health care
workers who were often government workers were transported by the Red Cross.
People in private service also made themselves available to the Red Cross as
community service. It also assisted with the transportation of donated organs.
Mr Sulliman said that there were financial
implications that arose from being a signatory to a convention. The Bill
indicated that there would be no financial implications to the State. He asked
if this was entirely correct.
Mr Ramasala replied that the Bill did not create
direct financial obligations for the State.
Mr Tolo used a hypothetical example wherein South
Africa had declared war against Lesotho and there was actual fighting between
the troops of the two countries. The Red Cross would not be acting impartially
should it agree to go and treat South African soldiers and not Lesotho soldiers
wounded in the war.
Mr Fuhri replied that one of the cornerstones of the
Red Cross's humanitarian actions was neutrality. This was a sensitive issue
even in countries where there were conflicts taking place because the Society
had to side with one of the parties in order to get the support through. The
local Red Cross would not become involved in a conflict situation at all. Any
humanitarian support offered would be within the borders of South Africa.
Prof. Green-Thompson replied that it was important to distinguish between the international
Red Cross and the South African Red Cross. The international society would
always be the parent body and would normally step in whenever there was a
conflict between countries. It could use its sibling to assist in the conflict.
The meeting was adjourned.
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