Draft Bill on Social Relief Fund: deliberation
Social Development
31 October 2001
Meeting Summary
A summary of this committee meeting is not yet available.
Meeting report
SOCIAL DEVELOPMENT PORTFOLIO
COMMITTEE
31 October 2001
DRAFT BILL ON SOCIAL RELIEF FUND: DELIBERATIONÂ
Â
Chairperson: L. Saloojee      Â
Relevant Documents
Draft Bill on Social Relief Fund (See Appendix)
Â
SUMMARY
The Committee held an informal deliberation on the proposed disaster relief fund. Some
members strongly objected to the inclusion of refugees in the consolidated Act. They said that
refugees were persons of temporary residence and would leave in due course. They noted that
given the numerous social problems the government is faced with locally adding the refugee
burden would undermine the efficacy of the bill. They suggested that the refugee bill be dealt
with separately or that Home Affairs take the responsibility.
Â
It was clarified that the proposed bill focused on the poorest of the poor. The bill would not make
provision for persons with means and especially those who have insurance cover.
Â
MINUTES
The Chair welcomed the team from the Department and members of the Disaster Relief Board.
He asked the legal advisor from the Department Mr Pierre du Preez to explain at which stage
the draft Bill was.
Â
Mr du Preez said that the Bill is at the foundation stage of drafting. It has not been taken to the
Director-General let alone being tabled before Cabinet. The Department was keen to have the
final draft by the end of February. In July 2001some major changes were effected on the first
draft.
Â
Mr du Preez said that the Portfolio Committee, at its first interaction on the proposed Bill, had
suggested on a workshop around the draft Bill before it is submitted to cabinet. He said that the
present session was in line with that advice.
Â
Ms Southgate (ACDP) said that there had been a briefing and discussions on the draft bill by
the Committee before. She objected to the move to have the bill discussed at this stage again.
She said that the discussion would be a futile exercise since cabinet may effect major changes
to the draft bill.
Â
The Chair clarified that it has been the practice of the Committee that whenever there is a draft
bill the Committee would try to interact at the drafting stage. He said this is necessary so that
members can familiarise with the proposed provisions so that when the instrument is tabled
formally it does not seem like a new bill.
Â
Mr du Preez agreed with the chair that this is an informal session and one that was most
valuable to the Department since the Committee's input would make a difference at this stage.
Â
Ms Kalyan (IFP) asked if the Committee is workshopping around the bill or if it was an ordinary
deliberation.
Â
The Chair said that it was a workshop forum where members would express their views on the
draft bill and that some of the inputs might augur well with the Department.
Â
Mr Da Camara (DP)Â said that the last time the Committee debated the bill the Board had
specific suggestions. He asked if the Board had also been invited to participate in the workshop.
Â
The Chair replied that the board had been invited and its representatives were present in the
meeting.
Â
Ms Ghandi (ANC) agreed with the position taken by the Chair and expressed the view that it
was a matter of expediency that these funds be consolidated as soon as possible. The
workshop would give members new insights in the draft bill.
Â
The Chair suggested that he would read through the draft bill and called on members to
comment whenever desired.
Â
Clause 1
Prof. Mbadi said that it was improper to consolidate the refugee bill with the other relief funds.
He said that refugees are persons of temporary residence and would leave in due course. There
are already numerous social problems locally and that adding the refugee burden would
undermine the efficacy of the bill. He suggested that the refugee bill be dealt with separately.
Â
Ms Mars (IFP) cautioned that members should tread carefully on the issue of refugees. A clear
line must be drawn between refugees and illegal immigrants or asylum seekers.
Â
Mr du Preez said that one of the reasons the Department had come to the Committee was that
some issues are too contentious and that it would be right to draw from the Committee's
counsel and guidance.
Â
Pastor Cliff Nhlapo, the Chairman of the Board, said that the issue of the refugee inclusion in the
bill has been raised before. He added that the board and other stakeholders have since
workshopped around the issue.
Â
He explained that the current refugee bill does not make provision for social relief to persons
with refugee status. The government is bound under its international obligations to contribute to
refugees who are in distress but hastened to clarify that this does not cover illegal immigrants
and asylum seekers.
Â
He said further that once a refugee status has been granted to an immigrant then such persons
are under the Constitution entitled to the same rights as citizens. The government must not be
seen to be circumventing its international conventions to which it is signatory. He pointed out
that there were Home Affairs to make provision for the refugee relief then the Board would have
no reason to take up the responsibility.
Â
Ms Ramotsami (ANC) said that it was not the intention of the Committee to sound xenophobic
but maintained that citizens were government's first priority. She suggested that Home affairs
should address the needs of refugees or that they should be accommodated in separately.
Â
Ms Rajbally (ANC) concurred with Prof. Mbadi that Home Affairs should be asked to address
the refugee issue. Members Kasienyene (ANC) and Ms Southgate (ACDP) supported her.
Â
Ms Southgate asked if there was an appropriate definition of a refugee to avoid
misunderstanding.
Â
Dr Jassat (ANC) sought to respectively disagree with his colleagues. He noted that the fund is
for unexplained and unaccounted for disaster. Where refugees are caught in such a disaster it
would be inhuman and unconstitutional to exclude them from relief provision.It is advisable to be
prepared for such a disaster and hence refugees are properly covered in the bill.
Â
Ms Ghandi (ANC) agreed with Dr. Jassat on the issue of refugees. She asked if the relief fund
had a provincial competency and if so enquired where the bill would be located in terms of the
cabinet docket.
Â
Pastor Nhlapo read to the members the provisions of the United Nations Convention on
refugees. He said the Charter underlines that refugees must be given equal rights as citizens.
On the basis of this, the board felt that in the spirit of the UN Convention, some social relief
must be afforded to the refugees. He added that such social assistance was not
unconstitutional, immoral or unethical. To the contrary, he said, it was right to do so.
Â
The Chair ruled that the Committee had taken note of the inputs on the issue and that
necessary consultations would take place.
Â
Clause 2
Ms Southgate asked what was meant by the term "psychosocial" in the bill.
Â
Mr du Preez replied that it is a condition linked to violence. He said that the terminology is in
the principal Act as well.
Â
Dr Jassat offered to explain that it is a condition that occurs after a disaster, which needs
psychological support and counselling.
Â
Ms Southgate asked how such a status would be determined.
Â
Mr du Preez replied that the purpose of the bill was to consolidate a variety of legislation that
had a history of terrorism. He explained that there has to be a declaration of some sort in order
to provide for the appropriate relief. He added that the bill makes provision for situations of
contingency only.
Â
Ms Kalyan (IFP) asked if it is proper to hold that if there is no declaration of a disaster then one
may not qualify at all.
Â
Pastor Nlapo replied that the criterion of a disaster is to broadened to cover the impact and
scope of the calamity.
Â
Ms Ginwala, a board member said that a cluster of departments would make provision for what
constituted a disaster.
Â
Ms Ghandi (ANC) suggested that the definition of the term 'political violence' should be refined
so as to avoid creating loopholes.
Â
Ms Southgate enquired on the status of the board in terms of operations.
Â
Mr du Preez replied that the board only meets occasionally when there was business to be
transacted.
Â
Dr. Jassat (ANC) asked if there was a definition for phrase 'psychological violence'.
Â
Pastor Nhlapo said that one must to be cautious not to open the bill too wide as to be incapable
of logical definition. He added that it is important to contextualise the definitions that are given to
the terminologies in the bill to avoid situations of exploitation for selfish interests.
Â
The Chair concurred with Dr. Jassat that some of the terms need refinement. He said that a
phrase like 'political violence' could cover a multiplicity of situations.
Â
Dr Baloyi (ANC) suggested that the words "with the result" be used in place of "for purposes".
Â
Mr du Preez said that the suggestion makes sense but that it still looks problematic.
Â
Dr Baloyi (ANC) said that the definition calls for proper refinement and that the drafters should
scrutinise it further.
Â
Dr Jassat said that a disaster must not be confined to physical violence alone since
psychological impairment can at times be devastating.
Â
Mr du Preez explained that it could be an act of terrorism or one that is declared as such by the
state president. He added that it was important that a decision has to be taken declaring the
occurrence a disaster before the provisions can kick in.
Â
Ms Ghandi (ANC) cautioned against widening the bill more than it is necessary.
Â
Ms Ginwala said that the Board has a set of criterion upon which to measure qualification for the
funds.
Â
Ms Ghandi (ANC) suggested that the criteria should be incorporated in the main Act to avoid
confusion on the part of those who are affected and to target the right people.
Â
The Chair said that the Board would take note of member's concerns.
Â
Pastor Nhlapo said that the board had taken note of member's views but sought to clarify that
the board's mandate is focused on the poorest of the poor. He added that it was not the board's
duty to pay those with means and especially those who have insurance cover.
Â
He agreed with the members that there was a need for some guiding criteria but noted that
situations keep charging since the facility is informed by the nature of the disaster and the
availability of resources. He said that in this instance it is more convenient to have a criteria that
is an in-house matter about which the board can amend when circumstances change.
Â
Mr du Preez said that definitions are there to guide the interpreter of the law but that there must
be discretion left to the board to decide as who qualifies for the disbursements within the
framework of the law.
Â
Mr Da Camara said that he was in agreement with Dr Baloyi on the issue of the definition of the
phrase "political violence". He said that the phrase must be refined to avoid ambiguity.
Â
The Chair asked members not to belabour the issue since the board has taken note of their
views.
Â
Ms Southgate said that unless the criteria is spelled out in the Act there was a danger that
people might introduce party politics in the whole qualification issue. Some may think that they
have been disqualified because they do not belong to a particular political party.
Â
Pastor Nhlapo replied that there was always such a danger with discretionary powers. He said
that if the guidelines and criteria were to be incorporated in the main Act the process would be
rigid and therefore incapable of adjustment to suite the dynamics informing such an endeavour.
Â
The Chair said that for purposes of transparency it was necessary to incorporate everything in
the Act.
Â
Ms Southgate noted that the bill stipulates that victims should be paid within the space of three
months. She observed that in the past payment has been delayed for over one year and
wondered whether the board has put in place measures to overcome the difficulties experienced
earlier.
Â
Pastor Nhlapo replied that this issue was born out of the August meeting with the Committee
whereby members complained about the delay of settling provision for disaster victims.
Â
He said that the board is currently attempting to ensure that in a period of three months disaster
victims access provision. He noted that it is a big challenge to the board but that it was
committed to this time frame.
Â
The meeting rose at 10:45 am for a break and deliberations were to continue thereafter [PMG
did not minute the remainder of the meeting].
Â
Appendix
Draft Bill on Social Relief Fund
GENERAL EXPLANATORY NOTE:
[Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â ]Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Words in bold type in square brackets
indicate omissions from existing enactments.
_________________________Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Words underlined with a solid line indicate
insertions in existing enactments.
BILLTo amend
the Fund-raising Act, 1978, so as to insert certain definitions and to amend
others; to consolidate the various funds under the Act into one fund; to
establish a fund for the rendering of relief and assistance to certain persons
and organizations; to provide for the repeal of certain relief funds; and to
provide for matters connected therewith.
31 October 2001
DRAFT BILL ON SOCIAL RELIEF FUND: DELIBERATIONÂ
Â
Chairperson: L. Saloojee      Â
Relevant Documents
Draft Bill on Social Relief Fund (See Appendix)
Â
SUMMARY
The Committee held an informal deliberation on the proposed disaster relief fund. Some
members strongly objected to the inclusion of refugees in the consolidated Act. They said that
refugees were persons of temporary residence and would leave in due course. They noted that
given the numerous social problems the government is faced with locally adding the refugee
burden would undermine the efficacy of the bill. They suggested that the refugee bill be dealt
with separately or that Home Affairs take the responsibility.
Â
It was clarified that the proposed bill focused on the poorest of the poor. The bill would not make
provision for persons with means and especially those who have insurance cover.
Â
MINUTES
The Chair welcomed the team from the Department and members of the Disaster Relief Board.
He asked the legal advisor from the Department Mr Pierre du Preez to explain at which stage
the draft Bill was.
Â
Mr du Preez said that the Bill is at the foundation stage of drafting. It has not been taken to the
Director-General let alone being tabled before Cabinet. The Department was keen to have the
final draft by the end of February. In July 2001some major changes were effected on the first
draft.
Â
Mr du Preez said that the Portfolio Committee, at its first interaction on the proposed Bill, had
suggested on a workshop around the draft Bill before it is submitted to cabinet. He said that the
present session was in line with that advice.
Â
Ms Southgate (ACDP) said that there had been a briefing and discussions on the draft bill by
the Committee before. She objected to the move to have the bill discussed at this stage again.
She said that the discussion would be a futile exercise since cabinet may effect major changes
to the draft bill.
Â
The Chair clarified that it has been the practice of the Committee that whenever there is a draft
bill the Committee would try to interact at the drafting stage. He said this is necessary so that
members can familiarise with the proposed provisions so that when the instrument is tabled
formally it does not seem like a new bill.
Â
Mr du Preez agreed with the chair that this is an informal session and one that was most
valuable to the Department since the Committee's input would make a difference at this stage.
Â
Ms Kalyan (IFP) asked if the Committee is workshopping around the bill or if it was an ordinary
deliberation.
Â
The Chair said that it was a workshop forum where members would express their views on the
draft bill and that some of the inputs might augur well with the Department.
Â
Mr Da Camara (DP)Â said that the last time the Committee debated the bill the Board had
specific suggestions. He asked if the Board had also been invited to participate in the workshop.
Â
The Chair replied that the board had been invited and its representatives were present in the
meeting.
Â
Ms Ghandi (ANC) agreed with the position taken by the Chair and expressed the view that it
was a matter of expediency that these funds be consolidated as soon as possible. The
workshop would give members new insights in the draft bill.
Â
The Chair suggested that he would read through the draft bill and called on members to
comment whenever desired.
Â
Clause 1
Prof. Mbadi said that it was improper to consolidate the refugee bill with the other relief funds.
He said that refugees are persons of temporary residence and would leave in due course. There
are already numerous social problems locally and that adding the refugee burden would
undermine the efficacy of the bill. He suggested that the refugee bill be dealt with separately.
Â
Ms Mars (IFP) cautioned that members should tread carefully on the issue of refugees. A clear
line must be drawn between refugees and illegal immigrants or asylum seekers.
Â
Mr du Preez said that one of the reasons the Department had come to the Committee was that
some issues are too contentious and that it would be right to draw from the Committee's
counsel and guidance.
Â
Pastor Cliff Nhlapo, the Chairman of the Board, said that the issue of the refugee inclusion in the
bill has been raised before. He added that the board and other stakeholders have since
workshopped around the issue.
Â
He explained that the current refugee bill does not make provision for social relief to persons
with refugee status. The government is bound under its international obligations to contribute to
refugees who are in distress but hastened to clarify that this does not cover illegal immigrants
and asylum seekers.
Â
He said further that once a refugee status has been granted to an immigrant then such persons
are under the Constitution entitled to the same rights as citizens. The government must not be
seen to be circumventing its international conventions to which it is signatory. He pointed out
that there were Home Affairs to make provision for the refugee relief then the Board would have
no reason to take up the responsibility.
Â
Ms Ramotsami (ANC) said that it was not the intention of the Committee to sound xenophobic
but maintained that citizens were government's first priority. She suggested that Home affairs
should address the needs of refugees or that they should be accommodated in separately.
Â
Ms Rajbally (ANC) concurred with Prof. Mbadi that Home Affairs should be asked to address
the refugee issue. Members Kasienyene (ANC) and Ms Southgate (ACDP) supported her.
Â
Ms Southgate asked if there was an appropriate definition of a refugee to avoid
misunderstanding.
Â
Dr Jassat (ANC) sought to respectively disagree with his colleagues. He noted that the fund is
for unexplained and unaccounted for disaster. Where refugees are caught in such a disaster it
would be inhuman and unconstitutional to exclude them from relief provision.It is advisable to be
prepared for such a disaster and hence refugees are properly covered in the bill.
Â
Ms Ghandi (ANC) agreed with Dr. Jassat on the issue of refugees. She asked if the relief fund
had a provincial competency and if so enquired where the bill would be located in terms of the
cabinet docket.
Â
Pastor Nhlapo read to the members the provisions of the United Nations Convention on
refugees. He said the Charter underlines that refugees must be given equal rights as citizens.
On the basis of this, the board felt that in the spirit of the UN Convention, some social relief
must be afforded to the refugees. He added that such social assistance was not
unconstitutional, immoral or unethical. To the contrary, he said, it was right to do so.
Â
The Chair ruled that the Committee had taken note of the inputs on the issue and that
necessary consultations would take place.
Â
Clause 2
Ms Southgate asked what was meant by the term "psychosocial" in the bill.
Â
Mr du Preez replied that it is a condition linked to violence. He said that the terminology is in
the principal Act as well.
Â
Dr Jassat offered to explain that it is a condition that occurs after a disaster, which needs
psychological support and counselling.
Â
Ms Southgate asked how such a status would be determined.
Â
Mr du Preez replied that the purpose of the bill was to consolidate a variety of legislation that
had a history of terrorism. He explained that there has to be a declaration of some sort in order
to provide for the appropriate relief. He added that the bill makes provision for situations of
contingency only.
Â
Ms Kalyan (IFP) asked if it is proper to hold that if there is no declaration of a disaster then one
may not qualify at all.
Â
Pastor Nlapo replied that the criterion of a disaster is to broadened to cover the impact and
scope of the calamity.
Â
Ms Ginwala, a board member said that a cluster of departments would make provision for what
constituted a disaster.
Â
Ms Ghandi (ANC) suggested that the definition of the term 'political violence' should be refined
so as to avoid creating loopholes.
Â
Ms Southgate enquired on the status of the board in terms of operations.
Â
Mr du Preez replied that the board only meets occasionally when there was business to be
transacted.
Â
Dr. Jassat (ANC) asked if there was a definition for phrase 'psychological violence'.
Â
Pastor Nhlapo said that one must to be cautious not to open the bill too wide as to be incapable
of logical definition. He added that it is important to contextualise the definitions that are given to
the terminologies in the bill to avoid situations of exploitation for selfish interests.
Â
The Chair concurred with Dr. Jassat that some of the terms need refinement. He said that a
phrase like 'political violence' could cover a multiplicity of situations.
Â
Dr Baloyi (ANC) suggested that the words "with the result" be used in place of "for purposes".
Â
Mr du Preez said that the suggestion makes sense but that it still looks problematic.
Â
Dr Baloyi (ANC) said that the definition calls for proper refinement and that the drafters should
scrutinise it further.
Â
Dr Jassat said that a disaster must not be confined to physical violence alone since
psychological impairment can at times be devastating.
Â
Mr du Preez explained that it could be an act of terrorism or one that is declared as such by the
state president. He added that it was important that a decision has to be taken declaring the
occurrence a disaster before the provisions can kick in.
Â
Ms Ghandi (ANC) cautioned against widening the bill more than it is necessary.
Â
Ms Ginwala said that the Board has a set of criterion upon which to measure qualification for the
funds.
Â
Ms Ghandi (ANC) suggested that the criteria should be incorporated in the main Act to avoid
confusion on the part of those who are affected and to target the right people.
Â
The Chair said that the Board would take note of member's concerns.
Â
Pastor Nhlapo said that the board had taken note of member's views but sought to clarify that
the board's mandate is focused on the poorest of the poor. He added that it was not the board's
duty to pay those with means and especially those who have insurance cover.
Â
He agreed with the members that there was a need for some guiding criteria but noted that
situations keep charging since the facility is informed by the nature of the disaster and the
availability of resources. He said that in this instance it is more convenient to have a criteria that
is an in-house matter about which the board can amend when circumstances change.
Â
Mr du Preez said that definitions are there to guide the interpreter of the law but that there must
be discretion left to the board to decide as who qualifies for the disbursements within the
framework of the law.
Â
Mr Da Camara said that he was in agreement with Dr Baloyi on the issue of the definition of the
phrase "political violence". He said that the phrase must be refined to avoid ambiguity.
Â
The Chair asked members not to belabour the issue since the board has taken note of their
views.
Â
Ms Southgate said that unless the criteria is spelled out in the Act there was a danger that
people might introduce party politics in the whole qualification issue. Some may think that they
have been disqualified because they do not belong to a particular political party.
Â
Pastor Nhlapo replied that there was always such a danger with discretionary powers. He said
that if the guidelines and criteria were to be incorporated in the main Act the process would be
rigid and therefore incapable of adjustment to suite the dynamics informing such an endeavour.
Â
The Chair said that for purposes of transparency it was necessary to incorporate everything in
the Act.
Â
Ms Southgate noted that the bill stipulates that victims should be paid within the space of three
months. She observed that in the past payment has been delayed for over one year and
wondered whether the board has put in place measures to overcome the difficulties experienced
earlier.
Â
Pastor Nhlapo replied that this issue was born out of the August meeting with the Committee
whereby members complained about the delay of settling provision for disaster victims.
Â
He said that the board is currently attempting to ensure that in a period of three months disaster
victims access provision. He noted that it is a big challenge to the board but that it was
committed to this time frame.
Â
The meeting rose at 10:45 am for a break and deliberations were to continue thereafter [PMG
did not minute the remainder of the meeting].
Â
Appendix
Draft Bill on Social Relief Fund
GENERAL EXPLANATORY NOTE:
[Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â ]Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Words in bold type in square brackets
indicate omissions from existing enactments.
_________________________Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Words underlined with a solid line indicate
insertions in existing enactments.
BILLTo amend
the Fund-raising Act, 1978, so as to insert certain definitions and to amend
others; to consolidate the various funds under the Act into one fund; to
establish a fund for the rendering of relief and assistance to certain persons
and organizations; to provide for the repeal of certain relief funds; and to
provide for matters connected therewith.
BE IT ENACTED by the Parliament of
the Republic of South Africa, as follows:-
Substitution of heading to Chapter II of Act 107 of 1978 as substituted
by section 1 of Act 115 of 1991
1.
The following heading is hereby substituted for the heading to Chapter
II of the Fund-raising Act, 1978 (hereinafter referred to as the principal
Act):
“[DISASTER RELIEF FUND, SOUTH
AFRICAN DEFENCE FORCE FUND, REFUGEE RELIEF FUND, STATE PRESIDENT'S FUND AND] SOCIAL RELIEF FUND
Amendment of
section 15 of Act 107 of 1978, as amended by section 3 of Act 41 of 1980,
section 2 of Act 115 of 1991 and section 1 of Act 43 of 1994
2.
Section 15 of the principal Act is hereby amended-
(a)
by the insertion before the definition of “disaster� of the following
definitions:
“' certain persons' means persons
who suffer damage or loss caused by a disaster or persons who have psychosocial
problems;
'Department' means the Department of Social
Development in the national sphere of government;
'Director-General' means
the Director-General of the Department;�;
(b)
by the insertion before the definition of “Fund� of the following
definition:
“' event' means a disaster, an act
of terrorism or political violence;�;
(c)
by the deletion of the definition of “full-time member�;
(d)
by the substitution for the definition of “Fund� of the following
definition:
“'Fund' means [a fund referred to
in section 16] the Social Relief Fund established by section 16;�;
(e)
by the insertion after the definition of “Fund� of the following
definitions:
“'Minister' means the Minister of
Social Development in the national sphere of government;
'organisation'
includes any body, group or association of persons, any institution,
federation, society, movement, trust or fund, incorporated or unincorporated,
and whether or not it has been established or registered in accordance with any
law;
           'political
violence' means the exercise of physical force for political purposes so
as to inflict injury of
or cause damage to persons or property;�;
(f)
by the insertion after the definition of “psychosocial problems� of the
following definition:
“'social relief' means the provision
of assistance including financial assistance, but excluding compensation, to individuals and organisations within a
period of three months from the date of the event referred to in section 18 in
order to assist them for serious material damage or loss or distress which has
occurred as a result of the said event;�;
(g)
by the insertion after the definition of “social relief of distress� of
the following definitions:
“'terrorism' means the use of
violence for political purposes and includes any use of violence for purposes
of putting the public or any section of the public in fear;
'victim' means any person who has
been killed, or has suffered injury as a result of political violence or
terrorism committed against him or her, and includes the spouse or minor
children of any such victim who died as a result of such violence or
terrorism;�.
Substitution of section 16 of Act
107 of 1978, as substituted by section 1 of Act 82 of 1983 and section 3 of Act
115 of 1991
3.        The following section is hereby
substituted for section 16 of the principal Act:
“Establishment of Social Relief Fund
16.Â
There is hereby established a fund to be known as the Social Relief
Fund.�.
Substitution of section 17 of Act
107 of 1978
4.        The following section is hereby
substituted for section 17 of the principal Act:
           “Management of Fund
           17.(1) The Fund shall be managed by a Board appointed by the Minister.
(2)
The Board shall be a juristic person.
(3)
The Board consists of nine members appointed by the Minister, of whom-
(a)
one must be a representative from the office of the Minister, the
Department or the Heads of Social Development;
(b)
one must be a representative from the Department of Provincial and Local
Government; and
(c)
seven are persons who have knowledge or experience of social relief,
disaster relief, terrorism or political violence.
(4)
In appointing members to the Board, the Minister must ensure that the
Board represents a broad cross-section of the population of South Africa and
comprises of persons who reflect South African society with special attention
to race, gender, disability and geographical spread.
(5)
The members referred to in subsection (3)(c) must be nominated by the
public.
(6)
For the purpose of nominations of members referred to in subsection
(3)(c), the Minister must invite such nominations by notice in the Gazette, by
publication in at least two national newspapers and, may invite such
nominations through any other media.
(7)
The members referred to in subsection (3)(c) must be appointed only
after the Parliamentary committees on Social Development of the National
Assembly and the National Council of Provinces have made recommendations to the
Minister regarding such appointment.
(8)
The Minister must by notice in the Gazette within 30 days after the
appointment of such members publish the names of the members of the Board and
the date of commencement of their period of office.�.
Insertion of sections 17A, 17B and 17C in Act 107 of 1978
5.        The following sections are hereby
inserted after section 17 of the principal Act:
“Qualifications of members of Board,
term of office, vacation of office, filling of vacancies and allowances and
disbursements to members of Board
           17A. (1) A person may not be appointed as a member of
the Board if he or she-
(a)
is not permanently resident in the Republic;
(b)
has been convicted of a criminal offence, whether in the Republic or
elsewhere, and was sentenced to imprisonment without the option of a fine,
unless it has been established that such a person was granted amnesty in
respect of an offence of which he or she was convicted and such an offence was
politically motivated; and
(c)
has been disqualified under any law from practising his or her
profession.
(2)
The members of the Board shall hold office for a period of three years
with effect from the date of their appointment.
(3)
Members are at the expiry of their terms of office eligible for
reappointment to not more than one consecutive term.
(4)
A member vacates his or her office if that member-
(a)
has been absent from more than three consecutive ordinary meetings of
the Board without a written apology which must be submitted to the Secretary of
the Board at least three days prior to the scheduled meeting;
(b)
is disqualified under any law from practising his or her profession;
(c)
submits his or her resignation in writing to the Minister; or
(d)
ceases to be permanently resident in the Republic.
(5)
If there is a vacancy on the Board the Minister may, despite the
provisions of section 17(5), (6) and (7), after consultation with the Board,
appoint a person who meets the criteria referred to in section 17(4), to fill
the vacancy.
(6)
A member of the Board, excluding a member who is in the employ of the
State, must be paid allowances and disbursements as may be determined by the
Minister in consultation with the Minister of Finance.
Chairperson and vice-chairperson
17B (1)Â Before the first meeting of a newly
constituted Board the Minister must appoint a chairperson, and at that first
meeting the members of the Board must elect from among themselves the
vice-chairperson.
    (2) (a) If the office of the chairperson or vice-chairperson becomes
vacant, the Minister or the members of the Board, as the case may be, must, at
the first meeting after such vacancy occurred, appoint a new chairperson or
elect from among themselves a new vice-chairperson, as the case may be.
          (b) The chairperson or vice-chairperson holds office for the
unexpired
portion of the period of
office of his or her predecessor.
    (3)Â
The chairperson or vice-chairperson of the Board may vacate his or her
office without terminating his or her membership of the Board, in which case
such a vacancy must be filled in terms of subsection (2)(a).
                Meetings
of Board
17C (1)Â The Board must meet for the first time at a
place determined by the Minister and thereafter at a time and place determined
by the chairperson, or if he or she is absent, the vice-chairperson in
consultation with the Director-General.
  (2) (a)Â
When the chairperson is absent or unable to perform his or her
functions, the vice-chairperson must act as chairperson.
         (b) If both the chairperson and vice-chairperson are absent from a
meeting or unable to perform their functions, the members present must elect a
person from among themselves to preside at that meeting.
  (3)Â
The Board must determine the procedure for calling meetings and the
procedures to be followed at that meetings.
  (4)Â
The majority of the members of the Board constitute a quorum for a
meeting of the Board.
                  (5)Â
The Board must hold at least three meetings each year.
  (6) Â
(a)Â The Board may hold such
special meetings as the Board may, from time to time, determine.
         (b) The chairperson may at any time convene a special meeting of the
Board, but must convene such special meeting at the written request of the Minister
or of at least seven members of the Board.
  (7)Â
A decision or recommendation taken by the Board, or an action taken on
authority of such decision or recommendation, is not invalid merely because-
(a) of a casual vacancy in
the Board; or
(b) a person who was entitled
to sit as a member of the Board did not sit when the decision was taken.�.
Substitution of section 18 of Act
107 of 1978, as amended by section 4 of Act 115 of 1991 and substituted by
section 2 of Act 43 of 1994
6.
The following section is hereby substituted for section 18 of the
principal Act:
“Objects of Board
18.
The object of the Board of the Social Relief Fund shall be, with due
regard to the financial position of the Fund and the requirements of each case-
(a)
to render to persons and organizations who or which suffer damage or
loss caused by a disaster, such assistance as the Board may deem fair and
reasonable;
(b)
to render such assistance as the Board may deem fair and reasonable to-
(i)
the victims of any act of terrorism in respect of their medical
treatment and rehabilitation; and
(ii)
such victims and their dependants who suffer financial hardship or
financial distress caused directly or indirectly by any act of terrorism; and
(c)
to make money from the Fund available to organizations that in the
opinion of the Board are capable of rendering assistance to persons with
psychosocial problems and of rendering such social relief of distress as the
Board may deem fair and reasonable to members of communities that in the
opinion of the Board are victims of political violence.�.
Substitution of section 19 of Act 107 of 1978
7.
The following section is hereby substituted for section 19 of the
principal Act:
“Committees of Board
19(1)Â The Board may, in the prescribed manner and subject to the
conditions the Board may determine, appoint, either from among its own members
or otherwise, such committees as it deems necessary or expedient for the
achievement of its objects or for the performance of its functions.
(2)Â The Board may delegate any of its functions
to any of its committees, but shall not be divested of any function so
delegated and may amend or withdraw any decision taken by such a committee by
virtue of such a delegation.
(3)
The functions of a committee must be determined by the Board, and the
procedure at the meetings of a committee must be as prescribed.
(4)
If the Board appoints a committee, it must designate one of the members
of such committee as the chairman thereof.�.
Substitution of sections 20 and 21 of Act 107 of 1978
8.        The following section is hereby substituted for sections 20
and 21 of the principal Act:
           “Functions of Board
20(1)Â The Board may-
(a)Â Â Â collect contributions for the achievement
of its objects;
(b)Â Â Â undertake such investigations into any
matter relating to its objects as it may deem necessary;
(c)Â Â Â purchase or otherwise acquire, hold,
alienate or hypothecate any movable property and, with the consent of the
Minister acting with the concurrence of the Minister of Finance, any immovable
property;
(d)Â Â Â hire or let movable or immovable property;
and
(e)Â Â Â enter into any agreement relating to its
objects on such terms and conditions as it may deem fit:
                (2)   The Board may perform such functions as may be imposed upon it by
this Act, and may exercise such other functions as may be necessary or
expedient for or incidental to the achievement of its objects.�.
Substitution of section 22 of Act 107 of 1978
9.        The following section is hereby
substituted for section 22 of the principal Act:
           “Finances of Board
22.(1)Â The Fund shall consist of-
(a)
the contributions collected from the public by, for or on behalf of the
Board;
(b)
any moneys vested in the Fund in terms of subsection (2);
(c)
any moneys appropriated by Parliament for the purposes of the Fund;
(d)
any amount of money received or acquired from any other source.
(2)Â Â Â The funds generally known as-
(a)
the Disaster Relief Fund;
(b)
the State President's Fund
(c)
the Social Relief Fund;
(d)
the South African Defence Force Fund; and
(e)
the Refugee Relief Fund;
shall as from the commencement of
this Act cease to exist, and all amounts credited to any such fund immediately
before such commencement, shall as from such commencement vest in the Social
Relief Fund, and as from such commencement all liabilities and rights existing
as well as accruing, of the funds referred to in paragraphs (a), (b), (c), (d)
and (e) shall devolve upon the Social Relief Fund.
(3)
The Board must apply the moneys of the Fund to the achievement of its
objects and to the defrayal of the costs in connection with the performance of
its functions.
(4)
The Board must deposit all the moneys received by it in an account which
it must open with a banking institution registered in terms of the Banks Act,
1990 (Act No. 94 of 1990).
(5)
The Board must from time to time invest with the Public Investment
Commissioners or in such other manner as the Minister may, with the concurrence
of the Minister of Finance, determine, all moneys which are not required for
immediate use or as a reasonable working balance.
(6)
The financial year of the Fund shall terminate on 31 March in each year.
(7)
The Board must keep the prescribed accounts, records and registers of
all its financial transactions, and must furnish the Minister with the
prescribed reports and financial statements.
(8)
The accounts, records, registers and financial statements of the Board
must be audited by the Auditor-General.
(9)
The Director-General is the accounting officer of the Fund and he or she
must keep proper records of all moneys received by the Fund and expended from
the Fund;
(10)
The Director-General must-
(a)
open such accounts as he or she deems necessary, into which he or she
must pay the moneys contemplated in subsection (1) accruing to the Fund; and
(b)
report to the Minister every six months on the activities and the
balance of the Fund.
(11)
The Fund must be audited annually by the Auditor-General.�.
Repeal of section 23 of Act 107 of
1978
10.       Section 23 of the principal Act is
hereby repealed.:
           Repeal
of section 24 of Act 107 of 1978
11.       Section 24 of the principal Act is
hereby repealed.
           Substitution of section 25 of Act
107 of 1978
12.       The following section is hereby
substituted for section 25 of the principal Act:
           “Personnel and finances of Board
25.(1)(a)Â The Director-General must, after
consultation with the Board, designate officers or employees appointed in terms
of the Public Service Act, 1994 (Proclamation No. 103 of 1994), for the proper
performance by the Board of its duties, including the designation of a
Secretary for the Board.
(b)Â The personnel referred to in paragraph (a)
are responsible to the Director-General and accountable to the Department.
                               (c) The chairperson is the accounting officer of the Board.
                    (d)Â
Subject to any law regulating access to information, the Department must
provide the Board with such information the Board may require to fulfil its duties
under this Act.
               (2) Subject to any law governing the provision
of services to the State, the Director-General may, at the request of the
Board, enter into agreements with persons for the performance of specific
duties or for the provision of specific services.
(3)Â The expenses of the Board and committees of
the Board are funded by the Department from money appropriated for that purpose
by Parliament or received from other sources approved by the Minister.�.
           Substitution of section 26 of Act
107 of 1978
13.       The following section is hereby
substituted for section 26 of the principal Act:
           “Declaration of certain events to
be disasters
26.(1)Â If at any time in the opinion of the [State]
President it appears that serious material damage or loss or distress has
occurred or is likely to occur as a result of a sudden or disastrous event in a
particular area, whether in the Republic or elsewhere, and that the relief of
the distress of the persons who are or will be affected thereby is likely to be
supported by the public generally or by any particular section of the public,
he or she may by proclamation in the Gazette declare such event
for the purposes of this Act to be a disaster.
               (2) The [State] President may at any time
[in a like manner] withdraw or amend any proclamation referred to in
subsection (1).�.
           Substitution of section 38 of Act
107 of 1978
14.       The following section is hereby
substituted for section 38 of the principal Act:
           “Short title
38.Â
This Act [shall be] is called the [Fund-raising] Social
Relief Fund Act, 1978, [and shall come into operation on a date to be
fixed by the State President by proclamation in the Gazette].�.
           Short title
15.       This Act is called the Fund-raising
Amendment Act, 2002.
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