Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Bill: adoption

Meeting report

The Department explained that there were some laws that needed to be repealed including the Black Administration Act. Originally the repeal deadline was set for 30 June 2008, but the Department had realised that they would not be able to meet that deadline, and they had asked for an extension to 30 December 2009. This would enable them to look at all the issues.

Mr Herman Smuts (Principal State Law Advisor: Office of the Chief State Law Advisors) remarked that the required national legislation was not yet in place. The main purpose of the Bill was merely to extend the date from 30 June 2008 to 30 December 2009.

Mr N Vanara (Parliamentary Legal Advisor) added that if on 30 June the Bill had not been passed, then a lacuna or gap in the law would exist. The provisions that they extended would have expired on 30 June 2008. The Bill tried to remedy a potential lacuna.

Discussion
Mr A Moseki (North West; ANC) mentioned that the Committee had stated two years before that the process should move more quickly. He asked what was the cause of the delay.

Mr Smuts replied that, as the State Law Advisors were not in that line function of the Department of Justice, he could not answer that question.

Dr F van Heerden (Free State; Freedom Front Plus) asked which laws were to be amended as stated in the title of the Bill.

Mr Vanara replied that the laws were related to the Black Administration Act. There were certain provisions within the Black Administration Act that dealt with the traditional courts system. The Traditional Courts Bill would be assimilating those provisions of the Black Administration Act that needed to be retained.

Dr Van Heerden moved for a motion of desirability.

Mr N Mack (Western Cape; ANC) seconded the motion.

The Chairperson read the Bill and the Committee passed the Bill without any amendments and adopted the Committee Report.

The Chairperson mentioned that there would be no debate but a statement would be delivered in the NCOP Chamber. The Chairperson chose Dr Van Heerden to give a statement.

The Chairperson adjourned the meeting.