Report of the Select Committee on Security and Constitutional Affairs on the Repeal of the Black Administration Act and Amendment of Certain Laws Bill, 2005 [B 25B - 2005] (National Council of Provinces - sec 76), dated 9 November 2005:
The Select Committee on Security and Constitutional Affairs, having considered the subject matter of the Repeal of the Black Administration Act and Amendment of Certain Laws Bill [B25B - 2005] (National Council of Provinces - sec 76), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, endorses the classification of the Bill and reports the Bill with amendments [B 25C -2005].
The Committee wishes to report further, as follows:
1. The Committee expressed its concern that the Black Administrations Act, 1927, is only being repealed after 10 years into the new constitutional dispensation and raised the question whether there is still other discriminatory legislation on our statute books. The Committee consequently directed the Department of Justice and Constitutional Development ("Department"), through the South African Law Reform Commission, to undertake an audit of all discriminatory legislation administered by it that is still in force and to report back to it in this regard by 31 January 2006.
2. The Committee further instructed the Department to:
(i) research the question of the protection of proprietary rights of all categories of women whose marriages are not recognized as valid marriages in terms of the Marriage Act, 1961, for example, Muslim marriages, and to report back to it by 31 January 2006 on progress made in this regard, giving an indication of the scope of any legislation that might be necessary in order to provide the protection envisaged;
(ii) report back to it by 31 January 2006 on progress made with the enactment and implementation of appropriate substitute legislation which is currently dealt with in sections 12 and 20 and the Third Schedule of the Act, dealing with the judicial functions of traditional leaders; and
(iii) report to it by 31 January 2006 on how the amendments to section 2 of the Administration of Estates Act, 1965 regarding the jurisdiction of the Masters of the High Courts over the property of all minors impact on or relate to, the Children's Bill, 2003, and how the property of minors, particula4y minors who have been orphaned as a result of the HIV/Aids pandemic is dealt with.
3. The Committee instructed the Department of Provincial and Local Government, in consultation with the provinces in question, to report to it by 31 January 2006 on progress made with the enactment and implementation of appropriate substitute provincial legislation on matters currently dealt with in -
(i) section 2(7), (7) bis, (7) ter and (8) of the Act, dealing with the powers of the Governor-General to appoint chiefs and prescribe their duties, powers and their conditions of service; and
(ii) if applicable, section 5(1)(a) of the Act, dealing with the powers of the Governor-General to define the boundaries of the area of any tribe or tribal settlement and with the amalgamation of tribes or parts of tribes into a single tribe or the constitution of a new tribe.
4. The Committee instructed the Department of Land Affairs, as the lead Department, together with the Department of Provincial and Local Government, in conjunction with the provinces in question, and any other relevant authority, to initiate an inter-departmental investigation in order to determine
(i) whether there will be any unintended consequences which will be brought about by the repeal of the subordinate legislation that has been kept alive by sections 5 and 8 of the Abolition of Racially Based Land Measures Act, 1991; and
(ii) progress made in identifying, repealing or amending such subordinate legislation, or enacting new legislation, as may be required by the circumstances,