Recognition of Customary Marriages Amendment Bill: amendments; Traditional Courts Bill: finalisation

Meeting report

Consideration of the A-list and the B-Bill on the Recognition of Customary Marriages Amendment Bill [B 12 -2019] 

The Chairperson said the Committee had read the A-list of amendments and agreed to the two technical amendments.

Ms Theresa Ross, State Law Adviser, Department of Justice and Constitutional Development (DOJ&CD), said the amendments were to the definition of a ‘traditional leader’ in Clause 1, where reference to the Traditional Leaders and Governance Framework Act was deleted and the words ‘applicable legislation providing for such recognition’ was inserted. This wording was to align it with the wording used in the Traditional Courts Bill. 

The Short title was amended and ‘2019’ was substituted with ‘2020’.

The A-list was adopted by the Committee with the Western Cape DA member abstaining.

Consideration of the Final Mandates on the Traditional Courts Bill [B 1D-2017]

The final mandates of all provinces indicated they were in favour of the bill except the Western Cape and KZN which indicated that they were not in favour of the bill.

Ms Ross went through the amendments contained in the D- version of the bill. On Clause 1, on definitions, the definition of a traditional leader was being amended and the reference to ‘Traditional Leadership and Governance Framework Act’ was now deleted as it was no longer relevant and substituted with ‘applicable legislation providing for recognition of traditional leadership’. 

Also in Clause 1, the definition of ‘Traditional Leadership and Governance Framework Act’ was deleted. 

In Clause 6(3) the reference to ‘Traditional Leadership and Governance Framework Act’ was deleted and substituted with ‘applicable legislation providing for recognition of traditional leadership’.    

Also in Clause 6, paragraph (c) “ a principal traditional leader’s court; and’ was inserted and in a consequential amendment the existing paragraph (c) becomes paragraph (d).  

In Clause 11(1)(a), the reference to “section 4(3)(f)” was corrected to read ‘section 4(2)’.

In Clause 16(1)(a) on the enforcement of the code of conduct, ‘in consultation’ was substituted with ‘after consultation’. Similarly in Clause 16(2) , ‘acting in consultation’ was substituted with ‘acting after consultation’.

In Clause 16(6) ‘House of Traditional Leaders’ was substituted with  ‘member of the executive council’.

In Clause 18(2) a new paragraph (b) was inserted repealing Sections 12 and 20 of the Black Administration Act.

In Clause 19 the short title was amended and ‘ 2019’ was substituted with ‘2020’.

The Chairperson said the amendments were based on the C-List adopted by the Committee

The bill was adopted by the Committee and the Chairperson said that the draft report dealing with the adoption of the would be done at a later date.

The meeting was adjourned.