Report of the Portfolio Committee on Justice and Constitutional Development on the Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Bill, 2006 [B 11 - 2006] (National Assembly – sec 75), dated 13 June 2006:

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 Amendment Bill [B11 – 2006] (National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, endorses the classification of the Bill and reports the Bill with an amendment [B 11A -2006].

The Committee wishes to report further, as follows:

While the Committee initiated an amendment further extending the deadline –

(a) by which legislation in the place of sections 12 and 20 and the Third Schedule to the Black Administration Act, 1927, must be enacted; and

(b) when the said provisions will be repealed,

from 31 May 2007 to 30 September 2007, in effect, giving the Department more time to prepare legislation in this regard, the Committee, in carrying out its oversight responsibility, requests the following from the Department of Justice and Constitutional Development by not later than 15 February 2007:

(i) A report, setting out the progress made to date on the development of an interim policy framework that aims to determine the role and responsibilities of traditional leaders in relation to the administration of justice, including an indication of the consultation process and research undertaken.

(ii) A plan of action, prepared in conjunction with all roleplayers, including Parliament and the National House of Traditional Leaders, setting out the steps after 15 February 2007, leading up to the enactment and implementation of the substitute legislation emanating from the interim policy framework, including, among others, the proposed dates by when the draft legislation will be –

* submitted to Cabinet;

* submitted to the State Law Advisers for certification;

* submitted to the Speaker of the National Assembly and the Chairperson of the National Council of Provinces in terms of Joint Rule 159 of the Joint Rules of Parliament;

* introduced into Parliament;

* submitted by the Secretary to Parliament to the National House of Traditional Leaders in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act, 2003;

* finalised by the Portfolio Committee on Justice and Constitutional Development and approved by the National Assembly, taking into account the 30 day period which the National House of Traditional Leaders has to comment on the draft legislation in terms of the said section 18;

* finalised by the Select Committee on Security and Constitutional Affairs and approved by the National Council of Provinces;

* submitted to the President;

* ready to be put into operation, after the necessary subordinate legislation, if any, has been prepared.

Report to be considered.