Statistics Amendment Bill: deliberations & adoption

Meeting report

Opening remarks by Chairperson
The Chairperson said that he would allow the Deputy Minister in the Presidency to make a few opening remarks if he wished. The agenda was straightforward and based on the last meeting. The Committee advertised the Statistics Amendment Bill as amended by the Portfolio Committee between 12 March and 15 April 2024. The Committee did not receive any public submissions so there would be no Department response to submissions. However, the legal advisor would take Members through the Bill and afterwards Members would be vote on the Bill. The Chairperson invited the Deputy Minister to make remarks.

Deputy Minister in the Presidency remarks
Deputy Minister Kenny Morolong said that the Chairperson was correct about there not being a need for a ministerial overview, since the Bill was already discussed at length by the Committee. The Deputy Minister said that he “must indicate that we are overwhelmingly glad that this process had reached this point” as the legislative process had started in 2014. The Department appreciated the opportunity to participate in the process.

Parliamentary Legal Advisor briefing on proposed amendment
Ms Phumelele Ngema, Parliamentary Legal Advisor, said that the Statistician-General wanted to open and extend access to a private dwelling that the existing Act had excluded. However, the amendment to Section 15 had to be clear so it did not impact the existing provision other than in the manner it was intended.

Ms Ngema noted the lack of written and oral public submissions to the Select Committee on the Bill. In the National Assembly, the only change that was done to Section 15 was to ensure that it met the drafting guidelines as there was no issue with the content itself. The italicized words had been added:

‘‘For the purpose of making enquiries or observations necessary for achieving the purposes 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 —
(a) individual;
(b) organ of state;
(c) business; or
(d) other organisation,
and inspect anything therein or thereon.’’

Ms Ngema noted that the proposal ensured that section 15(2) to (5) were not taken out. What will happen is that the correction will come in with the removal of the phrase “other than a private dwelling” but listing all the places that this enabling provision is giving to the Statistician General and delegated officials when they need to be authorized to perform the functions of the State.

Ms Ngema explained that 15(2) brought in the requirement to respect the right to privacy and dignity, in the case that a person had not given consent for their premises to be inspected, whether it is a private dwelling or a business. In such circumstances, the inspection request must be taken to court before a magistrate. It is a process that can happen in a court or chambers. That is why section 15(2) of the existing Act remains intact. It is not affected by the amendment. This ensured the protection of the rights enshrined in the Bill of Rights.

Ms Ngema presented the Select Committee proposed amendment (C-List). She noted that the C-list was already presented to Members during the previous meeting. The wording of the section 15(1) amendment required clarification to preserve the requirement for a warrant or consent before accessing private dwellings to safeguard an individual's privacy rights. The italicized words were noted for approval by the Select Committee:

"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 -
(a) On the authority of a warrant issued in terms of subsection (2); or
(b) With the consent of the person who is competent to consent to such entry and inspection.”

Statistics South Africa had agreed to the proposed amendment.

Discussion
Mr E Nchabeleng (ANC, Limpopo) said that from the Committee’s last discussions and what was offered now, one can see that the changes are not major changes and only technical in nature. He did not see any reason why the Committee should not agree with these technical changes made to this clause.

Mr Nchabeleng moved for the adoption of the Bill.

Ms N Ndongeni (ANC, Eastern Cape) seconded the adoption.

The Chairperson said that the Committee had now come to the end of the process “as we have finally adopted the changes”.

Committee Report on Statistics Amendment Bill
The Report recommended that the Committee having considered the Statistics Amendment Bill which was referred to it on 27 February 2024 and classified by the Joint Tagging Mechanism as a Section 75 Bill, proposed that the National Council of Provinces pass the Bill with the proposed amendments.

Mr Nchabeleng moved for the adoption of the Report.

Ms E Nkosi (ANC, Mpumalanga) seconded the adoption of the Report.

The Chairperson thanked Members for their attention to this Bill as well as the Executive for their support and assistance to the Committee. The Bill would now be sent to the National Assembly for concurrence and the Committee’s work was now complete.

The Committee adopted its 15 March 2024 minutes and the meeting was adjourned.