ATC240423: Report of the Select Committee on Health and Social Services on the Statistics Amendment Bill [B31b-2023] (National Assembly – Section 75), Dated 23 April 2024
NCOP Health and Social Services
Report of the Select Committee on Health and Social Services on the Statistics Amendment Bill [B31b-2023] (National Assembly – Section 75), Dated 23 April 2024
The Select Committee on Health and Social Services, having deliberated on and considered the subject of the Statistics Amendment Bill [B31B-2023] (National Assembly – Section 75), referred to it on 27 February 2024, reports that it has agreed to the Bill with proposed amendments and reports as follows:
1. BACKGROUND
The Statistics Amendment Bill [B31B-2023] (National Assembly – Section 75) is an essential piece of legislation that seeks to:
- amend the Statistics Act of 1999 to substitute certain definitions and insert new ones.
- amend the provisions dealing with the powers and duties of the Statistician-General; make provision for the development and implementation of the National Statistics System and National Strategy for the Development of Statistics by the Statistician-General; to strengthen co-ordination and enhance collaboration amongst data producers and data users by creating an enabling environment for the production and consumption of quality statistics within the Republic.
- make provision for the establishment of statistics units by organs of state, the submission of annual statistics plans and annual reports by organs of state and the establishment of the Statistical Clearing House in order to promote the functions and objectives of the National Statistics System; and
- empower the Minister to make regulations and to provide for matters connected therewith.
The Bill is tagged as a Bill to be dealt with under Section 75 of the Constitution (an ordinary Bill not affecting provinces).
2. PUBLIC PARTICIPATION PROCESS ON THE STATISTICS AMENDMENT BILL [B31B-2023] (NATIONAL ASSEMBLY – SECTION 75)
The Select Committee upheld the Constitution and its mandate by recognising the importance of public involvement in the legislative process. Further, the Committee conducted open meetings without exceptions.
On 12 March 2023, the Select Committee received a briefing on the Statistics Amendment Bill [B31B-2023] (National Assembly—Section 75). Following this, the Select Committee invited stakeholders and interested persons to submit written comments on the Bill. To ensure its accessibility, the Committee advertised the Bill on various electronic (media) platforms. Stakeholders and interested persons could submit their written submissions between 14 March 2024 and 15 April 2024. However, no submissions were received during this period.
3. COMMITTEE CONSIDERATION OF THE STATISTICS AMENDMENT BILL [B31B-2023] (NATIONAL ASSEMBLY – SECTION 75)
On 23 April 2024, the Select Committee deliberated on the Bill and received proposed amendments from the Parliamentary Legal Advisor. The Clause is detailed below.
CLAUSE 9
1. On page 8, from line 33, to omit "clause 9”, to substitute the following for clause 9:
“9. Section 15 of the principal Act is hereby amended by the substitution of subsection (1) of the following:
For the purposes of making enquiries or observations necessary for achieving the purpose of this Act, the Statistician-General or any officer of Statistics South Africa authorised by him or her may enter on any land or premises [, other than a private dwelling,] of any individual, organ of state, business or other organisation and inspect anything thereon or therein -
- On the authority of a warrant issued in terms of subsection (2); or
- With the consent of the person who is competent to consent to such entry and inspection.”
The Parliamentary Legal Advisor confirmed that the amendments are constitutionally and procedurally in order within the meaning of Joint Rule 161, and no amendment affects the classification of the Bill. Statistics South Africa responded to the proposed amendments and agreed to them.
The Select Committee considered and agreed to adopt the Bill with the proposed amendments.
4. RECOMMENDATION
The Select Committee on Health and Social Services, having considered the Statistics Amendment Bill [B31B-2023] (National Assembly—Section 75), which was referred to it on 27 February 2024 and classified by the Joint Tagging Mechanism as a Section 75 Bill, recommends that the Council pass the Bill with proposed amendments.
Report to be considered.