DRAFT ANNUAL REPORT: CONSTITUTIONAL REVIEW COMMITTEE
Chairperson: Adv SP Holomisa
Period from 7 May 2002 to 09th June 2003
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 it intends to do this in the most efficient and effective manner and within the timeframe.
Vision: To have a fully reviewed Constitution on an annual basis.
2. SUPPORT:
2.1 Control Committee Secretary: Ms H Salie
Period from January 2001 to 09 June 2003
2.2 Committee Secretary: Patience Sotenjwa
Period from July 2002 to February 2003
2.3 Committee Secretary: Ernest Kgopa
Period from February 2003 to 09 June 2003
2.4 Committee Assistant: Ms B Madikane
Period from July 2002 to February 2003
Period from February 2003 to 09 June 2003
2.6 Secretary to Chairperson: Ms A Nortjie
Period from May 2002 to 09 June 2003 (On leave)
2.7 Secretary to Chairperson: Mr. S Ntushelo
Period from April 2003 to 09 June 2003 (Acting)
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:
account any representations received in response to its invitation.
NATIONAL ASSEMBLY
|
Member |
Number of meetings attended out of 5 |
% |
Apologies |
|
AFRICAN NATIONAL CONGRESS |
|||
|
Asmal, Prof K |
1 |
20% |
1 |
|
Baloyi Mr M R* |
1 |
20% |
|
|
Botha Mr N G W |
0 |
0 |
|
|
Carrim Mr Y I |
1 |
20% |
1 |
|
Chauke Mr P* |
2 |
40% |
|
|
Chohan Kota Ms F I * |
0 |
0 |
1 |
|
De Lange Adv J H |
0 |
0 |
|
|
George Mr M E |
1 |
20 |
1 |
|
Ginwala Dr F N |
0 |
0 |
2 |
|
Holomisa Adv S P |
5 |
100% |
|
|
Hajaij Ms F |
1 |
20% |
2 |
|
Jeffrey Mr J H |
4 |
80% |
|
|
Jordan Dr Z P |
1 |
20% |
1 |
|
Mabandla Mrs B S |
0 |
0 |
1 |
|
Maduna Dr P M |
0 |
0 |
1 |
|
Magwanishe Mr B* |
1 |
20% |
|
|
Martins Mr BAD |
3 |
60% |
|
|
Masutha Mr M T |
1 |
20% |
1 |
|
Mbete Ms B |
0 |
0 |
2 |
|
Moosa Mr MV |
0 |
0 |
|
|
Mufumadi Mr F S |
0 |
0 |
2 |
|
Hendricks Ms L B |
0 |
0 |
|
|
Nonkonyana, Nkosi M |
0 |
0 |
|
|
Pahad Dr E G |
1 |
20% |
|
|
Skweyiya Dr ZST |
0 |
0 |
1 |
|
Solomon Imam G |
1 |
20% |
1 |
|
DEMOCRATIC PARTY |
|||
|
Delport Mr T |
0 |
0 |
|
|
Eglin, Mr C |
2 |
40% |
2 |
|
Smuts Ms D |
3 |
60% |
1 |
|
Schmidt Mr H* |
3 |
60% |
|
|
Seremane Mr W J |
1 |
20% |
|
|
Swart Mr P* |
0 |
0 |
1 |
|
INKATHA FREEDOM PARTY |
|||
|
Hlengwa Ink M W |
4 |
80% |
|
|
Smith, Mr P F |
1 |
20% |
|
|
NEW NATIONAL PARTY |
|||
|
Bakker Adv DM |
0 |
0 |
1 |
|
Beukman Mr F |
0 |
0 |
2 |
|
Camerer Mrs S M |
3 |
60% |
1 |
|
Pretorius Mr I J |
1 |
20% |
1 |
|
Van Deventer Mr F J |
0 |
0 |
|
|
UNITED DEMOCRATIC MOVEMENT |
|||
|
Maseka Mr J |
1 |
20% |
|
|
AFRICAN CHRISTIAN DEMOCRATIC PARTY |
|||
|
Swart Mr S |
1 |
20% |
1 |
|
PAN AFRICANIST CONGRESS |
|||
|
De Lille Mrs P |
0 |
0 |
|
|
FREEDOM FRONT |
|||
|
Mulder, Dr C P |
0 |
0 |
|
|
AFRIKANER EENHEIDSBEWEGING |
|||
|
Aucamp, Mr C |
0 |
0 |
1 |
|
FEDERAL ALLIANCE |
|||
|
Blanche Mr JPI |
1 |
20% |
|
|
UNITED CHRISTIAN DEMOCRATIC PARTY |
|||
|
Ditshetelo Mr PHK |
2 |
40% |
1 |
|
MINORITY FRONT |
|||
|
Rajbally Ms S |
3 |
60% |
1 |
NATIONAL COUNCIL OF PROVINCES
|
Member |
Number of meetings attended out of 5 |
% |
Apologies |
|
EASTERN CAPE |
|||
|
ANC Dlulane Ms B N |
0 |
0 |
1 |
|
ANC Qokweni Mr P G |
0 |
0 |
|
|
FREE STATE |
|||
|
ANC Ntlabati Ms S N |
0 |
0 |
2 |
|
DP Botha Ms CS |
1 |
20% |
|
|
GAUTENG |
|||
|
ANC Moosa M W |
0 |
0 |
1 |
|
KWAZULU NATAL |
|||
|
IFP Bhengu Mr M J |
2 |
40% |
1 |
|
NOTHERN CAPE |
|||
|
ANC Sulliman Mr M A |
1 |
20% |
2 |
|
NORTHERN PROVINCE |
|||
|
ANC Makoela Mr. M I |
2 |
20% |
|
|
NORTH WEST |
|||
|
DP Lever Mr L G |
0 |
0 |
1 |
|
ANC Surty Mr M E |
3 |
60% |
|
|
UCDP Tlhagale Mr J O |
0 |
0 |
|
|
WESTERN CAPE |
|||
|
Usa |
|||
|
NNP Ackerman Mr C |
2 |
40% |
|
|
ACDP Durr Mr K D S |
0 |
0 |
3 |
|
ANC Pandor Ms N |
2 |
40% |
1 |
* indicate alternates
Sub Committee: Joint Constitutional Review
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
|
ANC Adv S P Holomisa |
|
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 |
Submissions:
In terms of Joint Rule 102 (2) this Committee must place advertisements in the media, calling for public submissions, before 1 May every year. 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 full Constitutional Review Committee. The full Committee adopted the report 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 not to publicize it. The Committee believes that the following institutions have a role to inform the public of the contents of the Constitution:
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 annotated version of the Constitution, as there are substantial amendments made since its ladoption in 1996.
The Committee received responses from the Department of Justice and Constitutional Development, GCIS, Parliament’s 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.