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 Repeal of law - The Apostolic Faith Mission of South Africa (Private) Act, No 24 of 1961, is hereby repealed.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.