ATC210223: Report of the Portfolio Committee on Cooperative Governance and Traditional Affairs on consideration of the National Council of Provinces’ amendments to the Customary Initiation Bill [B7D – 2019](National Assembly – Sec 76), referred to it on 2 December 2020 (see ATC, 2 December 2020), dated 23 February 2021.
Cooperative Governance and Traditional Affairs
Report of the Portfolio Committee on Cooperative Governance and Traditional Affairs on consideration of the National Council of Provinces’ amendments to the Customary Initiation Bill [B7D – 2019](National Assembly – Sec 76), referred to it on 2 December 2020 (see ATC, 2 December 2020), dated 23 February 2021.
The Portfolio Committee on Cooperative Governance and Traditional Affairs having considered the amendments of the National Council of Provinces to the Customary Initiation Bill [B7D-2018], reports as follows.
- BACKGROUND
- The Customary Initiation Bill [B7D – 2018] responds to the ineffective regulation of initiation schools - including the lack of a national statute that deals with the customary practice of initiation comprehensively - that has facilitated abuse of the customary practice of initiation, resulting in needless deaths and serious bodily harm to the initiates.
- The Department of Traditional Affairs tabled the Bill in Parliament on 28 February 2018. Thereafter, the Committee of the fifth Parliament embarked on an extensive public participation process involving travel across all the Provinces that practice customary initiation to hear oral submissions and receive written inputs. Following the conclusion of the Committee process, the National Assembly read the Bill for the second time on 04 December 2018 and thereafter sent it to the National Council of Provinces (NCOP) for concurrence – in accordance with the procedure outlined in Section 76 of the Constitution.
- The Bill lapsed with the dissolution of the fifth Parliament in June 2019. The NCOP revived it on 17 October and following its own extensive public participation process, adopted it with amendments on 02 December 2020 and immediately referred it to the National Assembly for concurrence with the amendments. This is a report on the Portfolio Committee’s response to the NCOP amendments.
- COMMITTEE DELIBERATIONS
- The Committee saton 10 February 2021 to consider the NCOP’s amendments to the Customary Initiation Bill [B7D–2018]. The Committee sitting consisted of the following Members: Ms F Muthambi (Chairperson – ANC), Ms P Xaba-Ntshaba (ANC), Ms D Direko (ANC), Mr G G Mpumza (ANC), Ms M Tlou (ANC), Mr C Brink (DA), Mr K Ceza (EFF), Ms H Mkhaliphi (EFF), Mr M Mabika (DA), Ms E Spies (DA) and Ms P Buthelezi (IFP), Mr M I Groenewald (FFP)
- Having been thus constituted, the Committee considered and unanimously agreed to all the amendments proposed by the NCOP, as follows:
AMENDMENT |
COMMITTEE DECISION |
---|---|
Clause 1 |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
Clause 2 |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
Clause 4 |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
Clause 5 |
|
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Amendment unanimously agreed to |
Clause 15 |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
Clause 21 |
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Amendment unanimously agreed to |
Clause 22 |
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Amendment unanimously agreed to |
Clause 24 |
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Amendment unanimously agreed to |
Clause 28 |
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Amendment unanimously agreed to |
Clause 31 |
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Amendment unanimously agreed to |
Clause 32 |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
Clause 33 |
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Amendment unanimously agreed to |
Clause 42 |
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Amendment unanimously agreed to |
- CONSIDERATION OF THE AMENDMENT BILL
The Portfolio Committee on Cooperative Governance and Traditional Affairs having deliberated on and considered the NCOP’s amendments to the Customary Initiation Bill[B7D-2018] (National Assembly – Section 76), reports that it has unanimously agreed to the amendments as proposed. Committee members also agreed that the Department of Traditional Affairs should address all other matters of concern via circulars or other appropriate mechanisms.
Report to be considered
Documents
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