ANC in Parliament, 5 February 2014

 

 

Prioritisation of Bills in Parliament Ahead of Elections

 

 

The African National Congress in Parliament has taken note of the huge
parliamentary workload which the institution has to process in the next few
months before the expiry of the current five-year term of parliament. In
terms of the Constitution, the current term of Parliament is set to end
ahead of the 2014 national elections. The workload confronting the
institution includes committee oversights, constituency programmes, adoption
of committee reports, debates on the state of the nation address and the
budget, and finalisation and adoption of Bills.

 

Currently, there are 24 Bills before the National Assembly (NA) and 18
currently before the National Council of Provinces (NCOP) - which is a total
of 42 Bills the institution must pass before the elections. Our view is that
all these Bills are important and therefore the institution should spare
neither strength nor effort in ensuring they are processed qualitatively and
thoroughly to ensure that they are converted into laws within the stipulated
period. We are however alive to the possibility that not all these Bills may
be passed in the next few remaining months of parliament.

 

We have therefore sought to prioritise the following Bills, which we believe
Parliament should give special attention to ensure they are passed into
laws. In terms of the rules of Parliament, Bills that are not passed within
the current term of Parliament may be resuscitated in the next parliamentary
term. This will be done for those Bills that might not be passed during this
term.

 

In determining priority Bills, we have looked at criteria such as
complexity, contentiousness, technicality, effect on provinces, and
requirement for exhaustive consultation.

 

Prioritised Bills:

 

1. Restitution of Land Rights Amendment Bill of 2014

 

The Restitution of Land Rights Amendment Bill seeks to amend the Restitution
of Land Rights Act of 1994 with a view to extend the date for lodging a
claim for restitution to 31 December 2018 (a five year extension). The
original Act provided that a claim for restitution of rights in land must be
lodged no later than 31 December 1998. Due to the challenge encountered in
the application of the restitution programmes, this provision excluded
certain categories of claimants such as those who could not lodge claims by
cut-off date of 31 December 1998 and those  whose land was dispossessed
before 1913. The Bill, amongst others, also aims to criminalise lodgment of
fraudulent claims and further regulate the appointments of judges of the
Land Claims Court.

 

2.  Rental Housing Amendment Bill of 2013

 

The Rental Housing Amendment Bill amends the Rental Housing Amendment Act of
2007 to clearly define the rights and obligations of both tenants and
landlords. The Bill will also ensure that rental agreements entered into
between landlords and tenants are made in writing. Given that certain
provinces and municipalities had not established Rental Housing Tribunals,
whose responsibility is to settle landlord-tenants disputes, the Bill
obligates MECs to establish these tribunals. Local municipalities are also
required to have in place Rental Housing Information Offices to ensure that
the public is informed of their rental rights and obligations. The Bill also
provides for appeal process for an aggrieved party (tenant or landlord) who
is not satisfied with the outcome of the Tribunal. This Bill will be
processed in terms of Section 76 of the Constitution.

 

3.  Labour Relations Amendment Bill of 2012

 

This Bill, which is a product of extensive consultations at Nedlac by all
social partners, seeks to amend the Labour Relations Act of 1995 to, amongst
others, bring the legislation in line with the international labour
standards. It will ensure that labour legislation gives effect fundamental
constitutional rights such as right to fair labour practices and protect
workers against unfair discrimination. The Bill will protect vulnerable
categories of workers and ensure they are employed in decent working
conditions.

 

4.  Customs Control Bill of 2013

 

The Customs Control Bill is intended to replace certain provisions of the
Customs and Excise Act of 1964 relating to customs control of all means of
transport, goods and persons entering or leaving South Africa. The Bills
aims to ensure that taxes imposed by various other laws on imported or
exported goods are collected and that various other laws regulating imports
and exports of goods are complied with. To ensure effective implementation
of customs control, the Bill provides for elaborate systems for customs
processing of goods at places of entry and exit such as seaports, airports
and land border posts.

 

5.  Customs Duty Bill of 2013

 

The Customs Duty Bill is intended to replace certain provisions of the
Customs and Excise Act of 1964 which relates to the imposition and
collection of imports and export duties. The Bill primarily aims to provide
for the levying, payment and recovery of import and export duties on goods
imported or exported from South Africa. The Bill will be dealt with in terms
of Section 77 of the Constitution.

 

6.  Customs and Excise Amendment Bill of 2013

 

The Customs and Excise Amendment Bill seeks to amend the provisions of the
Customs and Excise Act of 1964 and to remove from the Act all the provisions
that have now been incorporated into both the Customs Control Bill and the
Customs Duty Bill. Essentially, because the Customs and Excise Amendment Act
of 1964 strongly reflected rigidity reminiscent of the apartheid era
controls, which are unsuitable to the current modern control systems, it has
been split into both the Customs Control Bill and the Customs Duty Bill. The
Customs and Excise Amendment Act of 1964 will for now be retained in an
amended form for the continued administration of excise duties and relevant
levies until it is completely replaced with a new law in future (i.e. Excise
Duty Bill).

 

7. South African Language Practitioners' Council Bill of 2013

 

The South African Language Practitioners' Council Bill seeks to establish
the Council for the protection and promotion of language practice in South
Africa. It will regulate language practice and exercise control over the
accreditation and registration of language practitioners. The Bill provide
rules for governing the conduct of language practitioners and monitoring of
compliance.

 

8. Science and Technology Laws Amendment Bill of 2013

 

The Science and Technology Laws Amendment Bill aims to streamline and
harmonise the process of nominations and appointments of board members of
public entities reporting to the Minister of Science and Technology. The
streamlining process will improve efficiency in the appointment process and
governance of the boards of these entities.

 

 

Issued by the Office of the ANC Chief Whip in Parliament

 

Enquiries:

Moloto Mothapo 082 370 6930

 

 

 

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