ATC181120: Report of the Select Committee on Communications and Public Enterprises on the Films and Publications Amendment Bill [B 37B – 2015] (National Assembly – sec 75), dated 20 November 2018

NCOP Public Enterprises and Communication

Report of the Select Committee on Communications and Public Enterprises on the Films and Publications Amendment Bill [B 37B – 2015] (National Assembly – sec 75), dated 20 November 2018:
 

The Select Committee on Communications and Public Enterprises, having considered the subject of the Films and Publications Amendment Bill [B 37B – 2015] (National Assembly – sec 75), referred to it, reports that it has agreed to the Bill with proposed amendments, as follows:

 

CLAUSE 6

1.   On page 6, in line 15, after “chairperson”, to insert “, and such chairperson must be a retired judge of the High Court of South Africa”.

 

2.  On page 6, from line 18, to omit subsection (3).

 

CLAUSE 12

1. Clause rejected.

 

NEW CLAUSE

 

1. That the following be a new clause:

Amendment of section 13 of Act 65 of 1996, as amended by section 15 of Act 3 of 2009

 

12.        Section 13 of the principal Act is hereby amended—

1. by the substitution of subsection (1) of the following subsection:

‘‘(1) The expenditure in connection with the performance of the functions, the exercise of the powers and the carrying out of the duties of the Board, Council, Appeal Tribunal, Enforcement Committee and an advisory panel shall be defrayed from money appropriated by Parliament for [the] that purpose.’’; and

 

1.  by the insertion after subsection (1) of the following subsection:

“(1A) All monies lawfully acquired by the Board in the performance of its functions must be utilised to achieve the objects of this Act.”

 

CLAUSE 15

1. On page 11, from line 40, to omit subparagraphs (i) and (ii) and to substitute the        

     following subparagraphs:

“(i) explicit sexual conduct accompanied by explicit violence which violates or shows disrespect for the right to human dignity of any person;

(ii) bestiality, incest, rape or conduct or an act which is degrading of human beings;”. 

 

CLAUSE 17

1.   On page 12, from line 20, to omit subparagraphs (i) and (ii) and to substitute the following subparagraphs:

“(i) explicit sexual conduct accompanied by explicit violence which violates or shows disrespect for the right to human dignity of any person;

(ii) bestiality, incest, rape, conduct or an act which is degrading of human beings;”. 

 

                                                      CLAUSE 19

1. On page 16, in line 6, to omit “two years” and to substitute “one year”.

 

CLAUSE 34

1.   On page 22, in line 47, to omit “2015” and to substitute “2018”.

 

Process followed by the Committee

 

The Films and Publications Amendment Bill was referred to the Select Committee on Communications and Public Enterprises on 6 March 2018. 

 

The Committee received a briefing from the Department of Communications on 15 August 2018.  The Committee, acting in accordance with its constitutional obligation to facilitate public participation, invited interested parties to submit written comments on the Bill.

 

The Committee advertised the Bill inviting all interested stakeholders to submit written submissions, and requesting them to indicate whether they would like to make oral submissions to the Committee or not.  The invitation was advertised over a period of two weeks, from 23 July to 3 August 2018, in national and regional newspapers in all 11 languages, as well as on the parliamentary website. 

 

Due to the outcry from the interested parties who claimed that they did not see the advert in the newspapers, the Committee decided to allow the interested parties to send their submissions until the morning of the day of consideration of those written submissions, which was on 5 September 2018. 

 

The Committee conducted public hearings on the Bill and all interested persons and organisations were given the opportunity to make oral submissions, followed by clarity-seeking questions by members and responses thereto.

 

During deliberations the opposition parties (Democratic Alliance and Economic Freedom Fighters) expressed their general objection to the Bill.

 

Report to be considered.