Methodist Church of Southern Africa (Private) Act Repeal Bill [B68-2008]; Dutch Reformed Churches Union Act Repeal Bill , Bible Society of South Africa Act Repeal Bill & The Apostolic Faith Mission of South Africa (Private) Act Repeal Bill: adoption

Arts and Culture

09 September 2008
Chairperson: Ms T Tshivhase (ANC
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Meeting Summary

The committee considered the amendments in detail. In respect of each of the Bills two further names were added to the list of the bodies consulted, now reflecting also the Dutch Reformed Church and the Apostolic Faith Mission. In all Bills the reference to the Methodist Church was to be amplified with the addition of the words “of Southern Africa”.

In respect of the Dutch Reformed Church, a further paragraph (a) was added under the Memorandum of Objects, noting that this Bill was being passed to ‘(a) give effect to the constitutional principles of human dignity, equality and the advancement of human rights and freedoms, non-racialism and non-sexism.’ Other technical amendments related to grammar and spelling were made.

The proposal submitted by the Bible Society had not been included, as the legal advisers did not believe that it was necessary, as the same applied to the requested list of assets to be moved, as this was already covered by Clause 2 of the Bill. 

In respect of the Bill dealing with the Apostolic Faith Mission, a reference had been added to the Amendment Act of 1970 in the long title.  On page 3, in paragraph 3, after ‘South African Council of Churches’, additional bullets would be inserted to show that the Dutch Reformed Church and The Apostolic Faith Mission were also consulted.

The Chairperson read the motion of desirability for each Bill, and Members agreed to this, and to the adoption of each Bill, with amendments.

A Member raised her concern that the University of Arts had been advised that their presentation would be postponed until the following year, and pointed out that they had been working on this for some time. It was agreed that the Committee Secretary would try to find an appropriate date on which they could be heard.

Meeting report

The Chairperson noted that at a previous meeting the legal drafters had been asked to prepare documentation for the Committee, and she noted that amendments to the Bills had now been tabled, with the underlining referring to amended portions.

Methodist Church of Southern Africa (Private) Act Repeal Bill [B68—2008]
Ms Refilwe Mathabathe, Parliamentary Legal Adviser, stated that most amendments were grammatical, except for the insertion on page 3, in paragraph 3, after ‘South African Council of Churches’, of two additional bullets to show that the Dutch Reformed Church and The Apostolic Faith Mission were also consulted.

The Committee agreed to these amendments.

Dutch Reformed Churches Union Act Repeal Bill [B69—2008]
Ms Mathabathe said the agreement was to amend the long title to also include the 1961 Act; it had been a repeal Act that had not been repealed, so in fact it was not added.

The other amendment agreed was to add a new paragraph (a) under the Memorandum of Objects being ‘(a) give effect to the constitutional principles of human dignity, equality and the advancement of human rights and freedoms, non-racialism and non-sexism.’

The amendments detailed under 2, 3, and 4 (see attached document) were of a technical nature, relating to grammar of spelling.

She noted that on page 3, in paragraph 3, the words ‘of Southern Africa’ were to be inserted after ‘The Methodist Church’.

On page 3, in paragraph 3, after ‘South African Council of Churches’, additional bullets would be inserted to show that the Dutch Reformed Church and The Apostolic Faith Mission were also consulted.

Ms D van der Walt (DA) interjected that in amendment No 2 the spelling of Verenigingde should be replaced by Verenigende.

Ms van der Walt further commented that she had had some objection to including the unification aspects. However, she had consulted with her party and as unification was an ongoing process there had been agreement that there would not be a problem with including it in this Bill.

Members agreed to the proposed amendments.

Bible Society of South Africa Act Repeal Bill [B70—2008]
Ms Mathabathe stated that she had looked at the proposal submitted by the Bible Society. It had asked for inclusion of certain provisions in relation to savings and to ensure that their status was not affected by the repeal. However, she did not think that it was necessary to include what they had asked.

The Bible Society had further asked that the Bill should list the assets that had to be moved from the Bible Society to the new Section 21 company that would replace it. She did not think that was necessary because Clause 2 in the Amendment Bill already covered all assets and liabilities.

She noted that on page 3, in paragraph 3, the words ‘of Southern Africa’ were to be inserted after ‘The Methodist Church’.

On page 3, in paragraph 3, after ‘South African Council of Churches’, additional bullets would be inserted to show that the Dutch Reformed Church and The Apostolic Faith Mission were also consulted.

Members agreed to the amendments.

The Apostolic Faith Mission of South Africa (Private) Act Repeal Bill [B71—2008]
Ms Mathabathe explained that, as agreed by the Committee last week, she had added ‘Amendment Act of 1970’ in the long title.

She noted that on page 3, in paragraph 3, the words ‘of Southern Africa’ were to be inserted after ‘The Methodist Church’.

On page 3, in paragraph 3, after ‘South African Council of Churches’, additional bullets would be inserted to show that the Dutch Reformed Church and The Apostolic Faith Mission were also consulted.

Members agreed to the amendments.

The Chairperson then read out the Motion of Desirability for each one of the four Bills. Members adopted each in turn.

Members then adopted each of the Bills in turn, with amendments.
 
The Chairperson thanked Hon Mr Gerber, the proposer of the Bills, who had honoured the people of the country.

Mr P Gerber (ANC) responded that he was grateful for the opportunity and thanked the Chairperson, the Committee and the staff who were involved in the four pieces of legislation for the spirit in which this was done. He thanked the Chairperson also for the way in which she had handled the meeting. He agreed that these were historic pieces of legislation, and he was honoured to have been involved.

University of Arts
Ms van der Walt raised the issue of the University of Arts, who had worked for four months on their presentation to the Committee, only to be told that it must be postponed until next year. She felt that this was unfair to them.

The Chairperson explained that the Committee’s meetings were presently devoted to consideration of legislation, but the Committee Secretary was asked to try to slot them in.

The meeting was adjourned.

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