Report: Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Bill [B 62B - 2001], dated 5 June 2002:

The Select Committee on Local Government and Administration, having considered the subject of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Bill [B 62B - 2001] (National Assembly - sec 75), referred to it, reports that it has agreed to the Bill.

The Committee further reports that the following amendments formally proposed by New National Party were rejected:

CLAUSE 5

1. On page 4, in line 10, after "matter" to insert:

and required response from such authority or organ of state dealing with the substance of the matter

CLAUSE 5

1. On page 5, after line 13, to add:

(4)(a) If within a reasonable time after the Commission has published a finding that a language, religious or cultural right of a community has been violated or a policy or practice has been violated, and adequate and appropriate action has not, in the opinion of the Commission, been taken thereon, the Commission may -
(i) submit its findings to the Parliamentary Committees responsible for matters concerning this Act for consideration and the taking of appropriate steps to secure compliance with the Commission's findings;
(ii) refer the matter to -
(aa) the Public Protector, if the non-compliance with the Commission's findings relates to any impropriety on the part of an official or an organ of state;
(bb) the South African Human Rights Commission -
* if the non-compliance with the Commission's findings involves the violation of a human right as protected in terms of Chapter 2 of the Constitution; or
* if there are reasonable grounds to believe that the complainant has been threatened, intimidated or discriminated against due to involvement in lodging a complaint, a finding or other involvement in an investigation under this Act.
(iii) in consultation with the complainant, apply to a Court for an appropriate remedy, including -
(aa) an interim order;
(bb) a declaratory order;
(cc) an interlocutory order or interdict;
(dd) an order for the payment of any damages;
(ee) an order for the implementation of special measures to address the situation complained of;
(ff) an order to comply with any provision of this Act, or a published finding, recommendation or decision of the Commission;
(gg) an order that an appropriate amount must be set aside for the realisation of language, religious or cultural rights of the complainant.
(b) Where the Commission is of the opinion that an official, an organ of state or an institution has -
(i) willfully disregarded or acted in contempt of the findings or decisions of the Commission; or
(ii) frustrated the timeous and effective implementation of the findings or decisions of the Commission; or
(iii) failed to give adequate reasons for the non-compliance or timeous compliance with the Commissions findings or decisions,
it may apply to the Court for an order of costs in its favour.

CLAUSE 11

1. On page 6, after line 42, to insert:

(d) submit the relevant names of the selected persons to the relevant Parliamentary Committees together with reasons why they were selected, for response;

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1. On page 9, after line 49, to add:

(h) a multi-party delegation from the relevant Parliamentary Committees.


The New National Party supported the Bill, with strong reservations about the lack of enforcement power of the Commission, and it regretted the fact that the Committee took a final decision on political grounds and not on objective grounds, so as to strengthen the Bill and to give effect to the spirit of the South African Constitution. The New National Party further regrets that a request to accept the proposed amendments and thus cause the Bill to be referred back to the National Assembly for reconsideration, was refused.

The Democratic Party supported the Bill, with reservations on Clause 12(3).