SUBMISSION OF PRIVATE MEMBER'S BILL BY PIERRE – JEANNE GERBER

NATAL ECCLESIASTICAL PROPERTIES AND TRUST AMENDMENT (PRIVATE) REPEAL BILL

23 January 2008

I hereby, in my capacity as a Member of the National Assembly, submit to you a private member's bill titled" Natal Ecclesiastical Properties And Trust Amendment (Private) Repeal Bill".

I enclose a copy of the memorandum as required in terms of Rule 234 (1).

It is submitted that the memorandum conforms to the requirements as set out in the Rule.

You are hereby requested to table the memorandum in the National Assembly as required in terms of Rule 234(1), as well as refer it to the Committee on Private Member's Legislative Proposals and Special Petitions.

Thank you so much.

Kind Regards.

PIERRE - JEANNE GERBER

NATAL ECCLESIASTICAL PROPERTIES AND TRUST AMENDMENT (PRIVATE) REPEAL BILL

Private Member's Bill Submitted in terms of Section 73 (2) Read with Section 76 (1) of the Constitution (Pierre-Jeanne Gerber, MP)

MEMORANDUM

Notice is hereby given of the introduction of a Private Member's Bill in terms of Section 73 (2) read with Section 76 (1) of the Constitution. In terms of rule 234 (read with rule 230 (1), a member must submit Lo the Speaker a memorandum which:

a) sets out particulars of the proposed legislation;

b) explains the objectives of the proposed legislation; and c) states whether the proposed legislation will have financial implications for the State, and, if so, whether those implications may be a determining factor when the proposed legislation is considered.

The Honourable Speaker is requested to deal with this Bill in terms of Section 235 of the National Assembly Rules.

A.PARTICULARS OF PROPOSED LEGISLATION

The following Bill (hereinafter referred to as "the Act") is proposed:

NATAL ECCLESIASTICAL PROPERTIES AND TRUST AMENDMENT (PRIVATE) REPEAL BILL

1. Repeal of law - The Natal Ecclesiastical Properties And Trust Amendment (Private) Act, No. 60 of 1975, is hereby repealed.

2. Short title - This Act shall be called the Natal Ecclesiastical Properties And Trust Amendment (Private) Repeal Act.

B. THE OBJECTIVES OF THE PROPOSED LEGISLATION

1. in terms of our Constitution South Africa is a democratic state founded on the values of human dignity, the achievement of equality and the advancement of human rights and freedoms, non - racialism and non-sexism.

2. It is interesting to note that, fourteen years into our democratic dispensation, we still have in our statute books pieces of legislation, inherited from the previous regime, that are inconsistent with the abovementioned values. These statutes undermine the strides made, in the past fourteen years, by Parliament in realising a better quality of life for all the people of South Africa.

3. Legislation by its very definition would have to apply to all citizens of the country. There is no basis for an Act of Parliament to regulate agreements and arrangements which only affect specific religious institutions. One such piece of legislation is the Natal Ecclesiastjcal Properties and Trust Amendment (Private) Act 60 of 1975.

4. In my view this Act entrenches stereotype prejudices that our Constitution seeks to eradicate. r therefore move the Natal Ecclesiastical Properties And Trust Amendment (Private) Bill be repealed.

MEMBER OF PARLIAMENT

C.FINANCIAL IMPLICATIONS FOR THE STATE

The legislation has no financial implications for the State. 

(2) The referral of the above documents to the Committee on Private Members' Legislative Proposals and Petitions has been approved by the Speaker.