Fundraising Amendment Bill: adoption

Meeting report

The Chairperson indicated that the Committee would consider and adopt both the A-list and B-list of the Fundraising Amendment Bill.

Thereafter, she requested a mover for the adoption of the agenda.

Mr D Stock (ANC) moved for the adoption of the agenda.

Ms J Manganye (ANC) seconded the mover for the adoption of the agenda.

Consideration and adoption of the Fundraising Amendment Bill A-List
Adv Nathi Mjenxane, Legal Advisor, Constitutional and Legal Services Office, Parliament, took the Committee through the A-list of the Bill clause by clause.

The Chairperson requested a mover for the adoption of the A-list.

Ms Manganye moved for the adoption of the A-list.

Mr Stock seconded the mover for the adoption of the A-list.

The Chairperson subsequently announced that the A-list had been adopted.

Consideration and adoption of the Fundraising Amendment Bill B-List
Adv Sisa Makabeni, Senior State Law Advisor, Office of the Chief State Law Advisor, took the Committee through the B-list of the Bill clause by clause.

Clause 1
The Chairperson requested a mover for the adoption of Clause 1 of the B-list.

Ms A Abrahams (DA) moved for the adoption of Clause 1 of the B-list.

Mr Stock seconded the mover adoption of Clause 1 of the B-list.

Clause 2
Ms L Arries (EFF), referring to Clause 2 (a), which indicates that at least one half of the 15 board members be appointed on a full-time basis, asked if the Committee had agreed on the ‘one half’ in the previous meeting.

Adv Makabeni confirmed that was the case.

Ms Arries asked whether employment equity (EE) would be required for the appointment of board members.

Adv Makabeni mentioned that EE was already provided for in the principal Fundraising Act.

The Chairperson requested a mover for the adoption of Clause 2.

Ms Manganye moved for the adoption of Clause 2.

Ms K Bilankulu (ANC) seconded the mover of the adoption of Clause 2.

Clause 3
Ms P Marais (EFF), referring to subsection (b) (i), asked if the South African National Defence Force (SANDF) Fund would also provide assistance to Mkhonto (MK) weSizwe Veterans.

Adv Luyanda Mtshotshisa, Specialist: Legislative Drafting and Review, Department of Social Development, replied that it would not provide for MK Veterans. The Military Veterans Act is currently being amended to cater for this. 

The Chairperson requested a mover for the adoption of Clause 3.

Ms Marais moved for the adoption of Clause 3.

Mr Stock seconded the mover for the adoption of Clause 3.

Clause 4
Ms Arries noted the provision states that a board must ensure the disbursement of funds or provisions of assistance within a reasonable time, and suggested that the Committee provide a set timeframe, as she felt that ‘within a reasonable time’ was vague. 

Adv Mtshotshisa indicated that court judgements and other legislation provide a guideline on what constitutes a reasonable amount of time. As such, he advised against the Committee providing a set timeframe. 

Ms Arries objected to his advice. 

The Chairperson asked that Ms Arries suggest a timeframe for the Committee to consider.

Ms Arries recommended that the Committee set a timeframe for the board to do so within at least 90 days. A timeframe would be necessary, particularly in the case of a disaster, where people required urgent assistance.

Ms Marais agreed that a timeframe be added, particularly in light of many communities affected by the floods earlier in the year in KwaZulu-Natal, still having not received government assistance.

Ms Abrahams disagreed with the suggestion to add a timeframe of up to 90 days, as the board would be within its right to effect the disbursement of funds up until the last day. She cautioned Members from not conflating the operational aspects of the board from the legislation. She recommended that the Committee keep subsection 3 as is.

Ms Arries asked if another phrase could be used other than ‘reasonable time’.

Ms Bilankulu agreed with Ms Abrahams but asked that the state law advisors provide more clarity on this matter.

Mr Stock highlighted that this matter had been raised during the previous meeting held in the previous week, to which the state law advisor recommended that a reasonable timeframe is provided for by the law – which the Committee agreed to. He agreed that no timeframe should be provided for in the Clause and suggested that the Committee conduct oversight on the board, if there are any delays.

The Chairperson agreed with Mr Stock.

She requested a mover for the adoption of Clause 4.

Ms Manganye moved for the adoption of Clause 4.

Mr Stock seconded the mover for the adoption of Clause 4.

Clause 5
The Chairperson requested a mover for the adoption of Clause 5.

Ms Manganye moved for the adoption of Clause 5.

Ms Bilankulu seconded the mover for the adoption of Clause 5.

Clause 6
The Chairperson requested a mover for the adoption of Clause 6.

Ms Bilankulu moved for the adoption of Clause 6.

Ms Manganye seconded the mover for the adoption of Clause 6.

Clause 7
The Chairperson requested a mover for the adoption of Clause 7.

Mr Stock moved for the adoption of Clause 7.

Ms Abrahams seconded the mover for the adoption of Clause 7.

Clause 8
The Chairperson requested a mover for the adoption of Clause 8.

Ms Marais moved for the adoption of Clause 8.

Ms Manganye seconded the mover for the adoption of Clause 8.

Clause 9
The Chairperson requested a mover for the adoption of Clause 9.

Ms Bilankulu moved for the adoption of Clause 9.

Mr Stock seconded the adoption of the mover for the adoption of Clause 9.

Long Title

The Committee adopted the Long title.

Consideration and adoption of the B-list
The Chairperson requested a mover for the adoption of the full B-list as presented to the Committee.

Ms Bilankulu moved for the adoption of the full B-list as presented to the Committee.

Mr Stock seconded the mover for the adoption of the full B-list as presented to the Committee.

The meeting was adjourned.