ATC190213: Report of the Portfolio Committee on Cooperative Governance and Traditional Affairs on the Traditional and Khoi – San Leadership Bill [B23D-2015] (National Assembly – sec 76), dated 13 February 2019
Cooperative Governance and Traditional Affairs
Report of the Portfolio Committee on Cooperative Governance and Traditional Affairs on the Traditional and Khoi – San Leadership Bill [B23D-2015] (National Assembly – sec 76), dated 13 February 2019:
The Portfolio Committee on Cooperative Governance and Traditional Affairs, having considered the proposed amendment by the National Council of Provinces (NCOP) to the Traditional and Khoi-San Leadership Bill [B23D– 2015] (National Assembly – Sec 76), referred to it on 10 January 2019 (see ATC, 10 January 2019), reports that it agrees to the amendments.
Amendments |
Committee decisions |
CLAUSE 5
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Committee agreed to this amendment |
CLAUSE 24
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Committee agreed to this amendment |
CLAUSE 33
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Committee agreed to this amendment |
CLAUSE 34
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Committee agreed to this amendment |
CLAUSE 63
(b) If, prior to the commencement of this Act, any tribal authority was reconstituted as contemplated in paragraph (a), but such reconstitution did not comply with all the requirements of section 16(2), such tribal authority is deemed to be a traditional council and must, within two years of the commencement of this Act, be reconstituted in full compliance with the provisions of section 16(2). (c) If the timeframes contemplated in paragraph (a) or (b) are not met, the Minister may, within one year after the timeframes have lapsed and after consultation with the relevant Premier, apply the provisions of section 16(2) to ensure that such tribal authority or traditional council is constituted or reconstituted in accordance with the provisions of section 16(2).
4. On page 54, in line 3, to omit “section” and to substitute “chapter”.
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The Democratic Alliance objected to this amendment |
MEMORANDUM ON THE OBJECTS
“Clause 5 of the Bill makes provision for the recognition of Khoi-San communities and branches (please also see clauses 56 and 58 of the Bill). As mentioned earlier, this is the first time that statutory provision is made for the Khoi-San and therefore this provision and others in the Bill relating to the Khoi-San are all new. A community may apply to the relevant Premier to be recognised as a Khoi-San community if it meets certain criteria. The community must have a history of self-identification by members of the community as belonging to a unique community distinct from all other communities. It must observe distinctive established Khoi-San customary law and customs and has to be subject to a system of hereditary or elected Khoi-San leadership. Furthermore, the community must have existing distinctive cultural heritage manifestations and a proven history of [coherent] existence of the community from a particular point in time up to the present. The relevant community must also occupy a specific geographical area or various geographical areas together with other non-community members. These criteria differ slightly from the criteria for traditional communities mainly due to the unique circumstances and history of the Khoi-San. However, the criteria are necessary to ensure that only legitimate Khoi-San communities in terms of customary law and customs are considered for recognition.”
“2.26 As far as partnerships and agreements are concerned, clause 24 determines with who a council may enter into a partnership or agreement. It also contains specific requirements and makes provision for monitoring by the provinces. A council may only enter into a partnership or agreement if the relevant community has been consulted and the majority of community members present at such consultation has taken a decision in support of the partnership or agreement.”
“(g) Since the Bill introduces certain requirements for partnerships and agreements (see clause 24), it is important that existing partnerships and agreements be tested against such requirements. Therefore, clause 63(22) determines that such partnerships and agreements must be reviewed by the relevant Premier within a period of three years from the date of commencement of this Bill. This will however not apply in respect of partnerships and agreements that, prior to the commencement of this Bill, has been entered into in accordance with enabling provisions contained in any other legislation.”
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Committee agreed to this amendment |
Report to be considered.
Documents
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