REPORT OF THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT ON THE REPEAL OF THE BLACK ADMINISTRATION ACT AND AMENDMENT OF CERTAIN LAWS BILL, 2005 [B 25 - 2005] (NATIONAL ASSEMBLY SEC 76), DATED 11 OCTOBER 2005:


The Portfolio Committee on Justice and Constitutional Development, having considered the subject matter of the Repeal of the Black Administration Act and Amendment of Certain Laws Bill [B 25 - 2005] (National Assembly - 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 25A -2005].


The Committee wishes to report further, as follows:


Many provisions of the Black Administration Act, 1927 (Act 38 of 1927) (the Act), which this Bill seeks to repeal, cannot be repealed until such time as the relevant competent authorities at the national, provincial and local levels of government have enacted and implemented suitable substitute legislation. That being the case, the approach adopted in the Bill is an incremental one, with sunset clauses being used to give these authorities time to pass and implement the required substitute legislation, where necessary. After receiving information on the readiness of these authorities as far as the enactment and implementation of this substitute legislation is concerned, the Committee decided to extend the date in these sunset clauses from 31 December 2005, proposed in the Bill as introduced into Parliament, to 31 July 2006. Failure by the authorities in question to meet this deadline, will result in the provisions of the Act being repealed which could possibly give rise to a legal vacuum. The Committee consequently instructs the following authorities to report to it by 31 January 2006 on the following issues in order to monitor the progress being made before the expiry of the sunset clauses:


(i) The relevant provinces, through the Department of Provincial and Local Government, must report on progress made with the enactment and implementation of appropriate substitute provincial legislation on matters currently dealt with in


(ii) The Department of Justice and Constitutional Development must report on progress made with the enactment and implementation of appropriate substitute legislation which is currently dealt with in


(iii) 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, must initiate an interdepartmental investigation to determine 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 on progress made in identifying, repealing or amending such subordinate legislation, or enacting new legislation, as may be required by the circumstances.


(iv) The Department of Justice and Constitutional Development, having undertaken a preliminary investigation to identify possible authorities in relation to the subordinate legislation referred to in paragraph (iii) above, has produced the attached table containing the results of this investigation. The Committee consequently requests the Department, immediately after the National Assembly has voted on the Bill, to bring this table to the attention of all role-players who might possibly be responsible for the administration of any subordinate legislation which has been kept alive by sections 5 and 8 of the Abolition of Racially Based Land Measures Act, 1991, requesting them to either repeal or amend this legislation or enact new legislation, as may be required by the circumstances before the expiry of the sunset clause of31 July 2006.


The Committee considered clause 3 of the Bill as introduced into Parliament, dealing with the manner in which a traditional leader can bind a traditional community for his or her personal obligations. The Committee noted that the concept dealt with in this clause had its origins in the Black Administration Act, 1927, which is a piece of legislation that promoted Apartheid and the Committee expressed the view that a provision of this nature seems to be at odds with the spirit of the Constitution and more specifically the Bill of Rights.


The Committee raised the question whether a provision of this nature is necessary or desirable in a constitutional dispensation and consequently suggested that the clause be deleted after the Department of Provincial and Local Government indicated that it did not feel strongly that the clause remain in the Bill. The Committee nevertheless invited the Department of Provincial and Local Government, in conjunction with the provinces in question, to investigate the matter further and to submit any proposed legislation to Parliament or to the Provincial Legislatures, should this appear to be necessary.


Report to be considered.