DRAFT ANNUAL REPORT: CONSTITUTIONAL REVIEW COMMITTEE

DRAFT ANNUAL REPORT: CONSTITUTIONAL REVIEW COMMITTEE

Chairperson: Adv SP Holomisa

Period from 7 May 2002

1.PURPOSE AND OBJECTIVES

Mission: To ensure that the Committee invites the public to submit to it, within 30 days written representations on any constitutional matter. This should be done before the first day of May.

To ensure that all representations submitted to the committee are given necessary consideration so as to provide the National Assembly and national Council of provinces with an informed recommendation, and intends to do this in the most efficient and effective manner and within the timeframe.

Vision: To conduct a review of the Constitution annually and to report to the National Assembly and the National Council of Provinces.

2. SUPPORT:

2.1 Control Committee Secretary: Ms H Salie

Period from January 2001 to date

2.2 Committee Secretary: Ernest Kgopa

Period from February 2003 to date

2.3 Committee Assistant : Ms B Madikane

Period from July 2002 to date

2.4 Secretary to Chairperson: Ms A Nortjie

Period from May 2002 to date

Composition

Section 45. (1) (C) of the Constitution provides for the establishment of the Joint Constitutional Review Committee.

Pursuant to this Constitutional mandate, Joint Rule 97 of the Joint Rules of Parliament establishes the Joint Constitutional Review Committee, which must review the Constitution at least once a year. In terms of Joint Rule 102 the Committee must report on its review to the two Houses. To enable the Committee to execute this task, Joint Rule 102 empowers the Committee to:

Identify those Constitutional matters that it intends to review, taking into account any representations received in response to its invitation.

Invite the public to submit to it written representations on any Constitutional matter.

Consider all representations concerning matters identified by the Committee.

MEMBERSHIP

NATIONAL ASSEMBLY

	30/04	07/05	18/06	30/07	08/11
AFRICAN NATIONAL CONGRESS
Asmal, Prof K			a	AP
Baloyi Mr M R*					a
Botha Mr N G W
Carrim Mr Y I		a			AP
Chauke Mr P*		a		a
Chohan Kota Ms F I *		AP
De Lange Adv J H
George Mr M E	AP
Ginwala Dr F N	A.P			AP
Holomisa Adv S P		a	a	a	a
Hajaij Ms F		a
Jeffrey Mr J H	a	a		a	a
Jordan Dr Z P		a	AP
Mabandla Mrs B S			AP
Maduna Dr P M				A.P
Magwanishe Mr B*		a
Martins Mr BAD		a
Masutha Mr M T		AP		a
Mbete Ms B		AP		AP
Moosa Mr MV
Mufumadi Mr F S			AP		A.P
Hendricks Ms L B
Nonkonyana, Mr M
Pahad Dr E G			a
Skweyiya Dr ZST			AP
Solomon Imam G			A.P	a
DEMOCRATIC PARTY
Delport Mr T
Eglin, Mr C	a	AP	a	AP
Smuts Ms D	AP	a		a	a
Schmidt Mr H*	a	a		a
Seremane Mr W J			a
Swart Mr P*			AP

INKATHA FREEDOM PARTY
Hlengwa Ink M W	a	a	a	a
Smith, Mr P F		a

NEW NATIONAL PARTY
Bakker Adv DM					AP
Beukman Mr F	AP				AP
Camerer Mrs S M	a	a	a	AP
Pretorius Mr I J		a			AP
Van Deventer Mr F J

UNITED DEMOCRATIC MOVEMENT
Maseka Mr J				a

AFRICAN CHRISTIAN DEMOCRATIC PARTY
Swart Mr S		a			AP

PAN AFRICANIST CONGRESS
De Lille Mrs P

FREEDOM FRONT
Mulder, Dr C P

AFRIKANER EENHEIDSBEWEGING
Aucamp, Mr C				AP

FEDERAL ALLIANCE
Blanche Mr JPI		a

UNITED CHRISTIAN DEMOCRATIC PARTY
Ditshetelo Mr PHK		a		A.P	a

MINORITY FRONT
Rajbally Ms S	a		a	AP	a

NATIONAL COUNCIL OF PROVINCES

EASTERN CAPE
ANC Dlulane Ms B N				AP
ANC Qokweni Mr P G

FREE STATE
ANC Ntlabati Ms S N				AP	AP
DP Botha Ms CS			a

GAUTENG
ANC Moosa M W	AP

KWAZULU NATAL
IFP Bhengu Mr M J	AP		a	a

NOTHERN CAPE
ANC Sulliman Mr P G	AP			a	AP

NORTHERN PROVINCE
ANC Makoela Ms M I				a

NORTH WEST
DP Lever Mr L G			AP
ANC Surty Mr M E	a		a	a
UCDP Tlhagale Mr J O

WESTERN CAPE
NNP Ackerman Mr C		a		a
ACDP Durr Mr K D S	AP	AP		AP
ANC Pandor Ms N		AP	a	a

Sub Committee

For the purpose of the facilitation of its work the Joint Constitutional Review Committee set up a Sub Committee, which is composed as follows:

Convener: Adv SP Holomisa

Task: Consider public submissions and report to the Joint Constitutional Review Committee

Membership; Name of Member

Party Adv S P Holomisa

ANC Mr. P Chauke

Mr. B Martins

Ms F Chohan-Kota

Mr. J Jeffrey

IFP Mr. P Smith

DP Ms. D Smuts

NNP Ms S M Camerer

ALTERNATES

DP Mr. C Eglin

IFP Ms S Seaton

NNP Mr. N Ackermann

NCOP

Western Cape Mr. KDS Durr

KwaZulu Natal Mr. MJ Bengu

Free State Ms SN Ntlabati
Submissions:

In terms of Joint Rule 102 (2) this Committee must place advertisements calling for public submissions in printed media before 1 May 2002

Because the deadline of 1 May 2002 was not reached, the Committee was granted an extension by the house to 10 May 2002.

The Committee received 132 submissions. The Sub Committee duly considered the submissions, made a summary thereof and reported to the Constitutional Review Committee.

The Sub Committee met on 22 & 29 October and considered the submissions. Responses of the committee to the submissions are contained in the document attached as annexure A.

Constitutional Literacy Campaign.

The Joint Constitutional Review Committee is of the opinion that the majority of South Africans do not have a firm understanding and interpretation of the contents of the constitution of the Republic of South Africa. The Committee’s major concern is that the lack of familiarity with the constitution will render ordinary citizens defenseless, in the event of the violation of their rights.

The Joint Constitutional Review Committee’s role is to review the constitution and in view of that the Committee believes that the following institutions have a role to inform the public of the contents of the constitution:

The Department of Justice and Constitutional Development
The Department of Education
The Public Education Unit in Parliament
GCIS
The South African Human Rights Commission
Public Protector
National Youth commission
The Commission on Gender Equality

The Committee wrote to some of the above institutions and asked them to inform it of the programmes they intend to put in place to educate the public about the contents of the constitution.

The Committee recommends that the Department of Justice and Constitutional development should print and distribute an updated and annoted version of the constitution, as there are substantial amendments made since its last adoption in 1996.

The committee received responses from the Department of Justice and Constitutional Development, GCIS, Public Education Unit, Public Protector & Human Rights Commission. The responses of the institutions are summarized in Annexure B.

The committee is prepared to have consultative meetings with these bodies to discuss ways of improving public awareness of the constitution.

There is no legislation before the committee as the main function of the committee is to review the constitution.

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Committee Secretary Date

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Control Committee Secretary Date

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Committee Chairperson Date