ATC231124: Interim report of the Portfolio Committee on Women, Youth and Persons with Disabilities on the National Youth Development Agency Amendment Bill [B13 – 2022] (National Assembly– sec 75), 23 November 2023

Women, Youth and Persons with Disabilities

Interim report of the Portfolio Committee on Women, Youth and Persons with Disabilities on the National Youth Development Agency Amendment Bill [B13 – 2022] (National Assembly– sec 75), 23 November 2023

The Portfolio Committee on Women, Youth and Persons with Disabilities (the Portfolio Committee) having considered the National Youth Development Agency Amendment Bill [B13– 2022] (National Assembly – section 75), classified by the Joint Tagging Mechanism (JTM) as a section 75 Bill, reports as follows:

The National Youth Development Agency Amendment Bill [B13 – 2022] (the Bill) was tabled in Parliament and referred to the Committee on 09 June 2022 and to the JTM in terms of Joint Rule 159 for tagging. The Bill was subsequently tagged as S75 by the Joint Tagging Mechanism. The Bill seeks to amend certain provisions of the National Youth Development Agency Act, 2008 (Act No. 54 of 2008) (the Principal Act).

Given the inputs from members of the public, insights from further deliberations and from the Parliamentary Law Adviser, the Committee realised that it is necessary to amend a provision of the Principal Act which was not included in the Bill as introduced. The proposed amendment seeks to align the National Youth Development Agency Act, 2008 [Act No. 54 of 2008] (“NYDA Act”) to the Public Finance Management Act, 1999 [Act No. 1 of 1999] to reflect that the National Youth Development Agency is listed in Part A of Schedule 3 of the latter Act.

The National Assembly Rule 286(4)(c) provides as follows:

“The committee, if the Bill amends provision of legislation, must, if it intends to propose amendments to other provisions of that legislation, seek the permission of the Assembly
to do so”.

In light of the above, the Committee hereby requests permission from the Assembly to amend Section 2 of the NYDA Act by insertion of a new clause in the Bill which will read as follows:
“Section 2 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection:

“(2) The Agency is a national public entity as [defined in section 1] listed in Part A of Schedule 3 of the Public Finance Management Act.”.”

The committee intends to adopt the A-list and B-Bill upon the approval of this request.

Recommendation

The Committee request permission from the National Assembly to amend provisions of the Principal Act which were not included in the Bill as introduced.

Report to be considered.