Judith February
The report by the joint investigative team into the arms deal somewhat overshadowed the rising of Parliament last Friday. Seven of the parliamentary committees will scrutinise the report during recess.
The parliamentary year has, however, been anything but dull and some key pieces of legislation have been passed to the president. In addition, a few pieces of legislation are being deliberated and will have to wait until the new session in February.
Some of the most important Bills have been the Financial Intelligence Centre Bill, now with the president for assent. This Bill will be an important tool in the fight against organised crime. It seeks to combat money-laundering activities and to establish a financial intelligence centre and a money laundering advisory council.
The Unemployment Insurance Bill tabled earlier this year has had a rocky passage. Submissions by civil society groups have largely focused on what is considered unfair exclusion of domestic and seasonal workers from the reach of the legislation.
The Basic Conditions of Employment Amendment Bill and the Labour Relations Amendment Bill have also been dogged by controversy, particularly around issues relating to the premium for Sunday work and the minister’s powers to vary employees’ core rights. It remains to be seen whether consensus can be garnered to pass the Bill next year.
Other legislation with the president includes the Security Industry Regulation Bill (previously the Private Security Industry Regulation Bill) that seeks to ensure effective control over the security industry and to promote a legitimate security industry that adheres to the principles of the Constitution.
The Medical Schemes Amendment Bill, to be assented to shortly, amends the Medical Schemes Act to extend certain rights of members to their dependents. It will be an offence for one to market any medical scheme business unless it is registered as a medical scheme in compliance with the provisions of the legislation. The conditional selling of medical scheme products will be prohibited, as will discrimination on the basis of age.
Other legislation is the Telecommunications Amendment Act, which provides the legal framework for the managed liberalisation of Telkom while providing for a second national operator.
The Constitution of the Republic of South Africa Second Amendment Bill will be assented to shortly. It provides for the introduction of certain financial legislation in the National Assembly only the definition of a money Bill has therefore been changed. National supervision of provincial and local administration will be provided for in the circumstances where a municipality fails to comply with an obligation in terms of legislation or the Constitution. The Bill seeks to regulate the withholding of funds by the national treasury if organs of state commit a serious and material breach of legislation. It provides for the enactment of national framework legislation governing the policies of organs of states on preferential procurement.
Another important Bill to be made law shortly is the Provincial Tax Regulation Bill to regulate the exercise by the provinces of their constitutional powers to impose taxes, levies and duties and flat-rate surcharges on the tax bases of any tax, levy or duty imposed by national legislation.
The imminent passing of the Gas Bill and the Pension Funds Amendment Bill is also important, as is the passage of the Second Revenue Laws Amendment Bill. The latter will see further changes in tax law.
While the legislature has had a busy and productive year, at a glance 2002 looks as if it will be equally busy. Key pieces of legislation such as the Draft Legal Practice Bill, dealing with the restructuring of the legal profession, and the Minerals Development Bill and the loss or retention of Membership of National and Provincial Legislatures Bill (or better known as “the crossing the floor” legislation) are three Bills that will no doubt attract widespread debate. And just when we thought we are done with arms … the National Conventional Arms Control Bill will be waiting to be deliberated upon.
Judith February is the legislation and policy monitor at the political information and monitoring service at the Institute for Democracy in South Africa
ENDS
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