National Youth Development Agency Bill: deliberations & adoption by NA members

National Youth Development Agency appointments

20 November 2008
Chairperson: Mr L Johnson (ANC)
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Meeting Summary

A version of the Bill was presented. This was read clause by clause but members were reflecting on clauses while the meeting proceeded with the following pages and members kept reverting back to previous pages, clauses, sentences and even words for clarification. The Chairperson kept calling for order. It was then decided to produce a second draft of the Bill. Further typographical errors were noticed. A third version was then produced and the Parliamentary Legal Adviser took the Members through the clauses that had changed. Although Members expressed that they thought that more research had to be done into certain aspects, and questioned whether the Bill would really assist the youth, no Member voted against the Bill, which was duly adopted, as amended. It would be submitted to the National Assembly on the following day and to the National Council of Provinces in the next week.

Meeting report

National Youth Development Agency Bill (the Bill): Parliamentary Legal Adviser’s briefing
The Chairperson asked Advocate Koleka Beja to take Members through the Bill, clause by clause. convened the meeting and led the Meeting through the Bill clause by clause, guided by the Legal Advisor, Ms Koleka Beja.

During the reading of the first version, Members would revert back to the previous pages, clauses and sentences calling for clarification. The Chairperson several times called for order.

The Chairperson then asked that a second version of the Bill be produced and compared with the first, as this would help to explain what had been changed.

During that reading, certain typographical errors or re-numbering were noted.

Members then waited while a third version of the Bill was presented, and this was then compared with the first version.

Adv Beja then explained that the changes effected to the Bill were as follows:

Page 3: Arrangement of Sections
Item 6 had originally indicated a multidisciplinary approach, but this was deleted from the third version.

Item 7 was originally described  as “Control and Management of affairs of agency” but  this was amended to “Role of organs of State, companies and civil society organizations in youth development” in the third version of the Bill.

Item 8 was originally described as “Composition, appointment and conditions of service of board” but this was amended to “Control and Management of affairs of Agency”

Item 9 was originally described as “Duties of Chairperson of Board” but this was amended to “Composition, appointment and conditions of service of board” in the third version.
Item 11 was originally described as “Resolution for removal of director of board” but  this was amended to “Meetings of Board”

Item 13 was described as “Committees” but this was amended to “Committees of Board” in the third version

Items 20 and 21 were deleted in their entirety in the finally accepted version of the Bill.

Item 25 and 26 were deleted in their entirety in the finally accepted version of the Bill

Clause 1: Definitions
With regard to the Definitions, typographical and numbering errors were rectified as per the final version of the Bill produced

Clause 3: Objects of Agency
Adv Beja pointed out that a new object had been inserted: namely “ “promote a uniform approach by all organs of State, the private sector and non governmental organizations, to matters relating to or involving youth development” was introduced as subclauses 3(1)(h), which caused consequential re-numbering of other objects

Clause 4
Adv Beja noted that Clause 4 (1)(d)(iii) was expanded by the addition of the word “development” in the final version.

Clause 5
Clause 5, relating to the Functions of the Agency, was expanded by the addition of (b), reading: ”establish offices of the Agency at provincial and local levels and appoint the necessary personnel to those offices”.

Clause 9
Adv Beja indicated that the heading of the Clause had changed, as set out earlier.

Clause 9(1)(a) now provided for only two executive directors.

Clause 10
Adv Beja noted that Clause 10, which had dealt with the functions and powers of the Board, had been removed entirely.

Clause 15
Clause 15 had been re-worded and now enumerated the duties of the Chief Executive Officer.

Clause 18
Adv Beja noted that  had been agreed that Clause 18 (1) (a) be reworded as follows: “money received form the Umsobomvu Fund in terms of the Demutualization Levy Act 50 of 1998”

Clauses 21 and 22
It was noted that Clauses 21 and 22 were deleted in their entirety

Clause 23 (renumbered)
Adv Beja noted that this clause had been renumbered to Clause 21. Members agreed that the Clause must  was expanded by the introduction, in sub clause (9) of a new phrase  reading: “any action in order to promote compliance with this Act”

Clause 26

Clause 26 was deleted in its entirety

Mr M Swathe (DA) wished it to be noted that he felt that he had been pushed into a corner and that he found himself in a “Catch 22” situation. He asked whether this Bill would really develop the youth.

Ms T Tobias-Pokolo (ANC) expressed the opinion that more research should be done in respect of the issues.

Ms P Mokoto (ANC) expressed reservations about the transfer of staff from Umsobomvu Youth Fund and the applicability of the Labour Relations Act

The third version of the Bill was then presented for adoption. Members went through all the clauses of the Bill once again.

No Member opposed the Bill, which was duly adopted, with the amendments proposed earlier.

The meeting was adjourned. 

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