Parliament briefing 13 Sept 06

BRIEFING FOLLOWING HOME AFFAIRS PORTFOLIO COMMITTEE HEARING ON WEDNESDAY 13 SEPTEMBER 2006

STEVEN SWART ACDP MP

Dear friends

The Civil Union bill was finally formally tabled and referred to the Home Affairs Portfolio Committee this morning.

The Chief State Law Advisor briefed the Committee on the haste with which the state law advisors had had to consider the bill and that they had issued a report setting out their concerns as to the constitutionality of the bill. He did not go into details on this issue but will be given the opportunity to do so as the various clauses in the bill are discussed.

The legal advisors for the Department of Home Affairs then took the Committee through the bill. Various questions were raised as to why there was an inclusion of the words “marriage” and “marriage officer” if the provisions of the Marriage Act are not to apply to such civil union ceremonies. This, it was explained, was an attempt to satisfy the requirements of the Constitutional Court ruling.

I corrected the perception that there were only three possible options set out by the court, and indicated that a constitutional amendment was a further option – albeit that such an amendment was not presently before the Committee. (My Private Members Bill was formally tabled in parliament yesterday – and will be fast-tracked – but as we know – there is hardly sufficient time to deal with the Civil Union Bill before the cut-off date – let alone a constitutional amendment that requires two thirty- day notice periods).

The first reading debate on the Civil Union Bill will take place on Tuesday 19 September 2006 in the National Assembly. Parties will be allowed to speak in this debate which precedes the public participation process – once the bill is finalised and voted on in the Committee a second reading debate will take place.

PROGRAMME FOR PUBLIC HEARINGS

Kindly note that the programme for public hearings has been amended:

19 Sept - Soweto, Gauteng – this may also be postponed due to the first reading debate on the same day.

21 Sept –Polokwane, Limpopo,

26 Sept – Welkom, Free State

28 Sept – Nelspruit, MP

30 Sept – Pietermaritzburg, KZN



2 Oct – Umtata, EC

4 Oct – Phokeng in Rustenburg, NW

5 Oct – Upington, NC

9 Oct – Seapoint, WC

10 – 11 Oct – Parliament

12 – 13 Oct – Stakeholder public hearings – Parliament

16 – 19 Oct – Committee Deliberations

20 October – vote in the Committee

Please contact the Home Affairs Committee clerks, Mr Mankge 021 4033826 or 0721864205 or Ms Dineo Martin 021 4033601 for further details on dates, times and venues. It is very important that civil society, particularly churches attend these public hearings and make oral submissions.

Written submissions and petitions can be addressed to: The Chairperson, Home Affairs Portfolio Committee, National Assembly, P O Box 15, Cape Town, 8000, referring to the Civil Union Bill B 26 – 2006. Fax 021 403 2808 (Mr Mankge – mmankge@parliament.gov.za) or fax 021 403 2854 (Ms Martin – dmartin@parliament.gov.za).

I pray for an excellent turn-out for the “Pro-marriage” Marriage Alliance marches over the next few weeks – and believe that “the sleeping giant - the church - has awoken” – let us take a firm stand at this time. I have also been requested to represent the Justice and Constitutional Development Parliamentary Portfolio Committee in receiving the memorandum at parliament on Saturday 16 September 2006.

Kind regards

Steven Swart ACDP MP

ADDENDUM:

Kindly note that the Films and Publications A/B as well as the Immigration A/B will, in addition to the Civil Union Bill. also be considered during the public hearings. As far as the Films and Publications A/B is concerned, churches should be seen to support the provisions of this bill in broad terms as it seeks “ to ensure that all publications, films and interactive computer games distributed in the republic, regardless of the medium or format of such distribution, would be subject to the same principles and guidelines to serve the core objective of protecting children from potentially disturbing, harmful and age-inappropriate materials in publications, films, interactive computer games, mobile cellular telephones and on the internet.” Concerns have been raised by media groups, such as the editors forum as to the constitutionality of the bill. However, churches should be seen to be supporting all attempts to fight the spread of pornography, and may, during the hearings be asked why they are so vocal on the same-sex partnership issue, but silent on this issue. A briefing on the amendment bill can be obtained from the Committee clerks or electronically from the Parliamentary Monitoring group website www.pmg.org.za (under Home Affairs).