Finalisation of National Council on Gender-Based Violence and Femicide Bill & NYDA A/B

Meeting report

Opening Remarks

The Chairperson greeted and welcomed everyone to the meeting.

Department Response to Submissions on the National Council on Gender-Based Violence and Femicide Bill [B31B-2022]

The Chairperson asked the Department of Women, Youth and People with Disabilities (DWYPD) to complete the presentation, which was not finished during the last meeting due to technical errors.

Ms Mikateko Maluleke, Director-General, DWYPD, finished the presentation from pages 19 to 26. She emphasised that some of the questions in the report are repetitive.

Please see attached for detailed Department response to submissions

Discussion

The Chairperson asked the Select Committee if there were any questions for clarity. 

The Chairperson asked if there are amendments to the response on the National Council of Gender-Based Violence and Femicide (NCGBV) Bill.

The DG said that there are no amendments.

Mr E Nchabeleng (ANC, Limpopo) said that on the first day of the presentation, the Bill was tagged as a section 75 Bill, without valid reason. Why is this Bill referred to as a section 75, when it actually deals with matters that are attended to by the municipalities and the provinces?

The DG said the Office of the Chief State Law Adviser (OCSLA) insisted that the Bill falls under section 75 under submission number NCGBVF01, whilst civil society and the Portfolio Committee indicated that the Bill falls under section 76. The Joint Tagging Mechanism Committee in Parliament concurred with the opinion from the OCSLA on the tagging of the Bill as a Section 75 Bill. It is considered as an ordinary Bill not affecting provinces because it provides for establishment of a council, which is a national mandate.

Mr M Bara (DA, Gauteng) said government must play a leading role in the multi-sectoral GBVF summit. Why is government’s representation in the Bill 49% while the civil society is given 51%?

The DG replied that the representation had been turned around, therefore government is at 51% and the civil society is at 49%.

Ms D Christians (DA, Northern Cape) asked if there is an adequate governing body to maintain impartiality.

The DG responded that the board of the council, which will function through the secretariat, will be the governing body. The DWYPD will not appoint the board. “I think that will give impartiality because Parliament will appoint the board based on nominations to ensure equitable representation of all interests”.

The Chairperson said the parliamentary legal advisor (in absentia) said he does not see any issue with the responses from the DWYPD. The legal advisor worked very closely with the Department during the Portfolio Committee phase, therefore he is of one mind with the scope and purpose of the Bill.

Report of the Select Committee on Health and Social Services on the National Council on Gender-Based Violence and Femicide Bill [B31B–2022] (Section 75)

 Ms E Nkosi (ANC, Mpumalanga) moved to adopt the report.

Mr Nchabeleng seconded the motion for the adoption of the report.

See full report here https://pmg.org.za/tabled-committee-report/5700/

Department Response to Public Hearings on National Youth Development Agency Amendment Bill [B13-2022]

Mr Emmanuel Kganakga, Director: Youth Legislation and Policy, DWYPD, took Members through the Department response, focusing on the important matters from the tabled submissions.

Most of the comments were received from the Western Cape and the general comments are:

1. Lack of rural focus: The Agency needs to provide targeted support to youth in rural areas. It is proposed that the Bill provide for the commitment by the Agency to have presence in rural areas.
2. Need for the inclusion of regional representation, partnerships, and priority contextualisation: The Bill currently does not address the need for collaboration with regional representatives and partners. Additionally, it does not acknowledge the diverse needs and contexts of young people across the different regions of South Africa. Provisions could include establishing consultative mechanisms that actively involve regional stakeholders in the planning, implementation, and evaluation of youth development initiatives. The Bill could incorporate provisions that allow for regional customisation of youth development programmes.

Other inputs received were from individuals, which were mostly one liner statements either supporting or not supporting some areas of the Bill. Otherwise, most comments from the individuals did not providing direct input on the provisions of the Bill.

Please see attached for full Department response

Discussion

The Chairperson asked if there were any amendments to this submission.

The DG said that there are no amendments.

The Members did not offer any comment.

Report of the Select Committee on Health and Social Services on the National Youth Development Agency Amendment Bill [B13B-2022] (Section 75)

Mr I Ntsube (ANC, Free State) moved to adopt the report.

Ms Nkosi seconded the motion for the adoption.

See full report here https://pmg.org.za/tabled-committee-report/5701/

The Chairperson thanked everyone for their input, consideration, and assistance in processing and accepting the two bills.

The meeting was adjourned.