APOSTOLIC FAITH MISSION OF SOUTH AFRICA (PRIVATE)
REPEAL BILL
Private Member's Bill
Submitted in terms of Section 73 (2) Read with Section 76 (1) of the
Constitution (Pierre-Jeanne Gerber, MP)
MEMORANDUM
Notice is hereby given of the introduction of a Private Member's Bill in terms
of Section 73 (2) read with Section 76(1) of the Constitution. In terms of rule
234 (read with rule 230(1), a member must submit to the Speaker a memorandum
which:
(a) sets out particulars of the proposed legislation;
(b) explains the objectives of the proposed legislation; and
( c) states whether the proposed legislation will have financial
implications for the State, and, if so, whether those implications may be a
determining factor when the proposed legislation is considered.
The Honourable Speaker is requested to deal with this Bill in terms of Section
235 of the National Assembly Rules.
A. PARTICULARS OF PROPOSED LEGISLATION
The following Bill (hereinafter referred to as "the Act") is
proposed:
APOSTOLIC FAITH MISSION OF SOUTH AFRICA (PRIV A 'J'E) REPEAL BILL
1. Repeal of law - The Apostolic Faith Mission of South Africa (Private)
Act, No 24 of 1961, is hereby repealed.
2. Short title - This Act shall be called the Apostolic Faith Mission of South
Africa (Private) Repeal Act.
B. THE OBJECTIVES OF THE PROPOSED LEGISLATION
1. In terms of our Constitution South Africa is a democratic state founded
on the values of human dignity, the achievement of equality and the advancement
of human rights and freedoms, non-racialism and non-sexism.
2. It is interesting to note that, thirteen years into our democratic
dispensation, we still have in our statute books pieces of legislation,
inherited from the previous regime, that are inconsistent with the
abovementioned values. These statutes undermine the strides made, in the past
thirteen years, by Parliament in realising a better quality of life for all the
people of South Africa.
3. Legislation by its very definition would have to apply to all citizens of
the country. There is no basis for an Act of Parliament to regulate agreements
and arrangements which only affect specific religious institutions. One such
piece of legislation is the Apostolic Faith Mission of South Africa (Private)
Act, 1961. This Act is both discriminatory and repugnant. It creates an
impression that our Constitution permits segregation along religious lines. For
example, Clause 2 of the Schedule of the Act refers to "non-European adherents"
which is racially discriminatory and should no longer be in any statute of
South Africa. Clauses 38, 44 and 54 of the Schedule' expressly excludes female
members of the same church from holding influential positions such as the
President, Vice-President, General Secretary and General Treasurer, within the
Apostolic Faith Mission church structure. This blatant arbitrary unfair
discrimination infringes the rights enshrined in our Bill of Rights, more
particularly sections 9 and 10 of our Constitution.
4. In my view this Act entrenches stereotype prejudices that our Constitution
seeks to eradicate. I therefore move that the Apostolic Faith Mission of South
Africa (Private) Act, 1961 be repealed.
MEMBER OF PARLIAMENT
C. FINANCIAL IMPLICATIONS FOR THE STATE
The legislation has no financial implications for the State.