National Council of Provinces - 17 August 2004
TUESDAY, 17 AUGUST 2004 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 14:04.
The Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
CONGRATULATIONS TO SPORTS TEAMS
(Draft Resolution)
Ms H LAMOELA: Madam Chair, I move without notice:
That the Council –
(1) congratulates the South African sports teams on their spectacular success over the weekend, making us all very proud;
(2) notes that –
(a) the Springbok rugby team convincingly beat the All Blacks rugby
team from New Zealand 40-26 on Saturday at Ellis Park, and are
now well-placed to go on and win the Tri-Nations Series;
(b) our swimmers won our first Olympic Gold Medal at the 2004 Athens
Olympics with a world record time of 3 minutes 13:17 seconds in
the 4 x 100 freestyle relay on Sunday; and
(c) our South African Men’s Hockey Team won 2-1 against the powerful
Argentinian team;
(3) recognises that whilst anything is possible in sport, the victories are just the tonic needed to elevate our sportsmen and women to greater heights; and
(4) assures them that the whole South Africa is behind them.
Motion agreed to in accordance with section 65 of the Constitution.
MURDER OF KLERKSDORP WOMAN
(Draft Resolution)
Ms J F TERBLANCHE: Chairperson, I move without notice: That the Council –
(1) notes the senseless murder of 64-year-old Mrs Celia Pool from Flamwood, Klerksdorp in the North West Province;
(2) conveys its sincere condolences to her family and friends in their sad bereavement;
(3) expresses concern at the increase of crime and violence against women and children; and
(4) calls on the government to take drastic steps to reduce crime, especially against women and children in this and other badly affected areas by policing the area more visibly.
Motion agreed to in accordance with section 65 of the Constitution.
MOTION OF CONDOLENCE FOR THE LATE MS MARGARET NTULI
(Draft Resolution)
Mr V V Z WINDVOËL: Chairperson, I move without notice:
That the Council –
(1) notes with sadness the passing away of Ms Margaret Ntuli, the sister of one of our permanent delegates, Mr Chris Ntuli;
(2) expresses its sincere condolences to Comrade Chris and the Ntuli family; and
(3) assures them of our continued support in their hour of bereavement.
Motion agreed to in accordance with section 65 of the Constitution.
MOTION OF CONDOLENCE FOR THE LATE COMRADE ELIJAH GUMEDE
(Draft Resolution)
Moh J MASILO: Modulasetulo, ke tshikinya kwa ntle le kitsiso gore -
Gore Khansele –
(1) e fitlhisa matshediso go ba lelapa la ga cde Elijah Gumede wa kwa Mabopane Unit X kwa Bokone Bophirima yo o tlhokofetseng Labotlhano we dibeke tse pedi tse di fetileng mme a bolokwa Lamatlhatso o o fetileng kwa Mabopane; e bile
(2) e amogela gore e ne e le mongwe wa bagokaganyi mo ditlhophong tsa rona kwa ofising ya kgaolo ya Mabopane ka fa tlase masepala wa Tshwane. (Translation of Setswana draft resolution follows.)
[That the Council –
(1) expresses its condolences to the family of Comrade Elijah Gumede of Mabopane Unit X in the North West, who passed away on Friday two weeks ago and was buried last Saturday in Mabopane; and
(2) notes that he was one of the people who co-ordinated the last elections in the zonal office in Mabopane which falls under the Tswane municipality.]
Motion agreed to in accordance with section 65 of the Constitution.
CONSIDERATION OF FILMS AND PUBLICATIONS AMENDMENT BILL AND OF REPORT OF SELECT COMMITTEE THEREON
The CHAIRPERSON OF THE NCOP: May I take this opportunity to welcome the Deputy Minister of Home Affairs.
The DEPUTY MINISTER OF HOME AFFAIRS: Thank you, Madam Chairperson. Madam Chairperson and hon members, we are happy to table before the National Council of Provinces this Films and Publications Amendment Bill, which is a product of extensive consultations.
What we really seek to do through this Bill is to increase the ability of law enforcement agencies to police and bring to book those in our society who are sick enough to abuse and exploit the vulnerability of children. The reality of the world we live in today is that the widespread application of information and communications technology has created both the conditions for the unprecedented advancement of humanity as well as for the emergence of gross crimes against vulnerable people, especially children.
The 2003 report of the UK-based Internet Watch Foundation estimates an increase in online child abuse images of approximately 1 500% in the past few years. To the extent that the whole world is today more interconnected than at any other stage before, South Africa has not been exempted from the emergence and proliferation of cybercrimes such as child pornography.
Computer alterations and the potential for creating computer-generated pornography pose formidable challenges for law enforcement throughout the world. The globalisation of the trade in this sordid and despicable crime has unfortunately been on the rise in South Africa as well. These online crimes represent today one of the greatest social and moral challenges facing governments, civil societies, the media and private sector. The image of the child you see on the Internet, DVD or picture is an image of a real child, abused in real life, a child whose childhood has been permanently stolen and vandalised by a person this child trusted to protect and nurture him or her. Parents, teachers, priests, psychologists, police and others are part of this great tragedy, which must be ended.
The actual intention of this amendment, albeit not enough, is to ensure that South Africa becomes the safest place on earth for children. This crime commands all of humanity to action in defence of the children. It commands a massive campaign waged through legislation such as this Bill, the media, public awareness campaigns and other means to combat this gross crime against our children. It was with this in mind that we made the pledge during the debate on Budget Vote No 4 to launch a massive public campaign, involving the government and other public and private stakeholders, to ensure that we fight, with all our might as a nation, and united in action, this crime.
One of the tragedies we live with is that South Africa and other SADC countries are allegedly targeted by crime syndicates involved in these crimes which are raking in billions of dollars through the criminal abuse of the children of the world. The point of this amendment, therefore, is to address the weaknesses in the current Act that provide loopholes, making it difficult for law enforcement to police online paedophiles. It seeks to satisfy the need for a delicate balance between the legitimate concerns for the protection of freedom of expression and the protection of children.
In addition to the weaknesses in the Act, government must also respond to the international call for the harmonisation of anti-child-abuse legislation. Without this international co-operation, certain countries might become the refuge of those who face tough legislation in their home countries.
It was for this reason that the government participated in the drafting of the first International Cybercrime Convention and went on to sign the convention in Budapest, Hungary, in 2000. We are called upon at this stage to protect the childhood and innocence, the very future, of children from all forms of abuse and exploitation. The use of children as commodities is something that is devoid of all the good of humanity, and should be fought with everything we have. It exposes innocent and defenceless children to the unnecessary evils of humanity, and teaches them that one may actually derive pleasure from hurting others less strong than oneself.
This includes making sure that even those who possess child pornographic images under the guise of artistic creativity and for the purposes of art- related research should have their rights limited. The Films and Publications Board will be empowered to regulate publications containing visual presentations or descriptions referred to in Schedules 1 and 2, so as to prevent access to such materials by children. The creation, production, possession and distribution of child pornography, as well as the failure to report it, are offences punishable in terms of this Bill.
This Bill also includes amendments to increase the maximum penalty for offences involving child pornography from the current five years to ten years. The Bill introduces the following provisions. Clause 1(a) seeks to substitute the present definition of “child pornography” with a new definition.
Clause 1(b) will delete the definition of the word “degrade” because it is unnecessarily limiting in that it is gender-biased and does not take into account the violation of human dignity in its totality.
Clause 1(c) substitutes the present definition of “distribute” with a new definition, so as to include the failure to take reasonable steps to prevent access to pornographic material by children.
Clause 1(d) defines “Internet address” and “Internet service provider”, which is necessary since this Bill also brings the Internet within the jurisdiction of the Act as far as child pornography is concerned.
Clause 1(e) substitutes the definition of “sexual conduct” as defined in Schedule 11, for the reason that the present definition is not only too limiting, but is restricted only for the purpose of the Schedules.
Clause 1(f) defines “possession”, which is necessary since the Act now also covers the Internet.
Clause 2 introduces the office of the non-executive chairperson of the board, who shall also be the chief executive officer. It also deals with the manner in which decisions of the board are taken.
Clause 3 amends subsection (2) of section 5 of the Act, which refers to the “President”, whereas it should refer to the “Minister”.
Clause 4 provides for the reporting of the board on all its activities during that financial year.
Clause 5 deals with the manner of convening meetings of the board or the executive committee.
Clause 6 amends section 17 of the Act to allow the board to regulate more effectively publications containing visual presentations or descriptions referred to in Schedules 1 or 2, so as to prevent access thereto by children.
Clause 7 amends section 18 of the Act to make the regulation of films and interactive computer games more effective in the interests of the protection of children.
Clause 8 amends section 20 of the Act, so as to remove the limitation on the powers of the review board.
Clause 9 is a necessary amendment, following the amendment of section 17 in clause 3.
Clause 10 amends section 26 of the Act, to include the offence of broadcasting any film which has been classified “XX” in accordance with Schedules 6 or 10.
Clause 11 amends section 27 of the Act, by making clearer what will constitute the offence of child pornography, as well as introducing the offence of failing to report child pornography and removing the requirement of the authority of the Directorate of Public Prosecutions for the issue of a search warrant in cases involving child pornography, so as to bring the investigation and prosecution of child pornography offenders in line with the requirements of other serious offences.
The amendment also addresses the problem of child pornography on the Internet by requiring Internet service providers to register with the board and making non-compliance an offence.
Clause 12 deletes subsection (3) of section 28, which unnecessarily delays the prosecution process.
Clause 13 amends subsection (1) of section 29 to include a prohibition on the broadcasting of publications covered by section 29(1) as an offence.
Clause 14 is an amendment of section 30 of the Act, which is the penalties provision, for consistency with amendments to the offence provisions of the Act. The amendments also provide for an increase in the maximum penalty for child pornography offences from the present five to ten years.
Clause 11 also introduces an admission of guilt provision for the less serious offences in the Act, as well as providing for extraterritorial jurisdiction in cases where South African citizens commit acts outside the country which would have constituted offences under the Act had they been committed inside the country. This amendment also provides for presumptions and proof to facilitate more effective prosecution.
Clause 15 seeks to amend Schedule 1 of the principal Act as far as including incest or rape as additional grounds for classifying a publication as XX.
Clause 16 amends Schedule 2 of the principal Act in order to cover those cases provided for in Schedule 1(2).
Clause 17 provides for age restrictions for publications.
Clause 18 deletes clause 1 as the clause is unnecessary.
Clause 19 deals with the prohibition of promotion of hatred.
Clause 20 deletes Schedule 11 of the principal Act in total.
Clause 21 provides for the short title of the Act, being the Films and Publications Amendment Act.
I urge this House to accept the Films and Publications Amendment Bill. I thank you. [Applause.]
The CHAIRPERSON OF THE NCOP: Deputy Minister, I wish that we can have a workshop at some stage, because this is a very important piece of legislation. As I was listening to you amending and deleting, I thought it really requires us to pay attention. It is quite important for all of us to take this on board, given the situation in which we find ourselves in this country.
Ms J MASILO: Hon Chairperson, hon Deputy Minister, colleagues and officials of the department, the Films and Publications Act, Act 65 of 1996, represented South Africa’s first attempt to change from a films and publications system that sought to restrict freedom of expression to one that sought to provide guidance through the classification of various pieces of written or electronically recorded materials. No longer was there a draconian clampdown and confiscation of politically or otherwise sensitive materials that a few people in Government decided was subversive and therefore inappropriate for public consumption. Rather, a regulatory framework prevailed.
Many of us were victims of midnight raids in which our materials were confiscated and branded as inflammatory. We were then arrested or detained for as long as the security forces believed it was necessary to purge us of our dissident behaviour. Often it was only because we expressed our own opinion on a matter.
Under the new ANC-led government all South Africans were given the opportunity to make their own decisions regarding the type of literature or information to which they could have access. This, of course, did not mean that offensive literature could now abound without restrictions, but rather that the production, publication, distribution and dissemination of information could be regulated using objective criteria based on sound principles.
In addition, the new regulatory framework offered protection to the vulnerable and sensitive who needed to be protected until they reached the age of consent, or could make an informed decision on what information they chose to peruse.
The regulation of films and publications through age restrictions and symbols indicating the nature of the content of the publications was therefore used to indicate to parents and other concerned individuals what to expect before viewing a publication or film. The legislation also provided that those publications dealing with potentially offensive materials needed to be clearly marked, so that parents, for example, could restrain children who wanted to watch films depicting extremely violent or graphic material.
Subsequent amendments sought to keep up with new technological innovations which provided new methods and means of creating, producing and distributing images or publications which could be offensive. In addition, as the target audiences for which these publications were intended got younger, the images became more perverse, but it was especially the fact that young children were being enticed, forced or otherwise coerced to participate in pornographic acts that brought about a need to tighten up the legislation.
The 1999 amendments expanded the definition of “publication” to include child pornography and expanded the definition of “visual presentation” to take on board all the new technological innovations used to create and spread images of children engaged in explicit sexual acts.
The current amending Bill tries to go further to keep track of new technological innovations, and therefore seeks to ensure that Internet service providers take more responsibility for the information that ends up on their Internet sites. The Bill makes it mandatory for these providers to report any offensive materials that find their way onto their websites through using their services.
The Bill also seeks to expand the meaning of “possession” to include the downloading of materials from computers, even in private homes. But the most important innovation by far in this Bill is the fact that it bans all forms of child pornography outright.
These changes are long overdue. Finally those paedophiles preying on our children will be brought to book. Our children will have the reassurance that their protection is assured. The Films and Publications Board will have the muscle to prosecute even those found in possession of pornographic materials depicting children in lewd, sexual acts. A more effective classification system will also be instituted to better protect children from potentially disturbing and harmful materials.
Finally, all legs of the distribution chain have been curtailed, because distributors and exhibitors will be compelled to submit all films and other materials for classification prior to distribution or exhibition, and these distributors and exhibitors have to be registered.
In conclusion, the committee is satisfied that this amending Bill will assist the Films and Publications Board in its endeavours to protect the most vulnerable of all - our children. The select committee therefore supports this Bill without amendments. I thank you. [Applause.]
Mr O M THETJENG: Madam Chairperson, hon members, the DA agrees with the initial intentions of the amendments of the Films and Publications Amendment Bill before this honourable House. Children need to be protected from all forms of abuse and we note with great concern the brutal killing of an innocent child in Limpopo province in the Moeletsi area recently.
Pornography also destroys and kills the mind of a child, who grows up in great confusion about defining what the correct family and societal values are. We believe that children should be protected from seeing pornographic material, to ensure that our moral high ground as a society is improved and maintained.
Tighter control over child pornography should be what this Bill attempts or intends to do. We believe that these amendments will seek to stop paedophile-related activities that seem to be on the increase. All relevant agencies, such as the police services, should be provided with the necessary resources to ensure easy and efficient implementation of the amendments that are to be included in the principal Act.
The proposed amendments seek to separate the possession, creation and distribution of child pornography, which is commended. The separation of offences makes it easier for the law enforcement agencies to effect arrests, secure convictions and mete out appropriate sentences.
We are also pleased that the independence of the role of the national Director of Public Prosecutions, which we all know about, is fully clarified, and we appreciate this. The Bill also imposes an obligation on all citizens to report suspicious activities, because if investigations find a failure to report, it becomes an offence - of course, if permission from the national Director of Public Prosecutions is obtained. We strongly support this step and all efforts to stop child pornography.
In our villages and homesteads our children are exposed to pornography, and some believe that it is a good thing, because they have been misled by abusers. The unfortunate reality is that most of our parents in the rural areas need to be educated on this, so that they are aware and know how to deal with incidents that the Bill and the Act as a whole try to address. It is good to have a law, but it is not correct if it is not advocated to the target group, stakeholders and the public in general.
I need to know from the Minister whether advocacy is to be undertaken, as a process to make the public aware of this Act. Quite often, ordinary people do not know what to do when confronted with incidents of child pornography. We should engage those institutions where vulnerable children are to be found. If they know, then they will report. Otherwise it becomes futile, if the law exists and yet the victims do not know of it or how to go about reporting.
The creators and publishers of pornographic material must be aware of the consequences of using children for their business. They just have to know who to use for this type of business activity. We will support anything legal that tends to protect children, because they are the leaders of tomorrow.
The development of the Internet has its own positive and negative effects. The positive side is that it is good business and aids research too. It also makes communication efficient and manageable. The down side of the Internet is that it is used by some to access pornographic material, without regard for the welfare of our children. It is for this type of activity that tougher controls are critical and relevant. The adult population can make itself available for pornographic activities, because they have a choice to make about their lives. The choices are made on various grounds, one of which could be religious. Choices determine one’s lifestyle and prospects in life, and this should be respected. We hope the objective of this and the principal Act will be achieved. I thank you, Chairperson.
Mr M A MZIZI: Chairperson, thank you very much. I believe this Bill is instrumental in the protection of our children and in ensuring that the people who commit such offences against children are dealt with accordingly.
Child pornography holds adverse effects for the development of children who are exposed to it. It is therefore of the utmost importance that stringent laws are applied in order to safeguard and protect our children and communities from images that would allow them to begin thinking in the direction of pornography.
While taking steps to protect our children and communities, we have to bear in mind that the images that adults see on television could also be causal factors in the creation of pornographic images. We have to take a holistic approach when dealing with this issue. This means that we have to look at possible causal factors.
One such possibility is that of showing images that are too explicit even for adults to watch, which could lead to harmful behaviour towards children. Adults who watch explicit movies on television become desensitised towards such movies. For the ill-disciplined, irresponsible and deviant adult it would be easy to become desensitised, which could possibly lead to adverse effects, resulting in child pornography. Even explicit images on television that have an age restriction do not necessarily protect all the children of our nation. There are children who do have access to such movies, even in their own homes. This could lead children to engage in videotaping themselves, wanting to emulate what they have seen on television.
Restrictions also have to be placed on showing movies that we know some children would be watching, irrespective of age restrictions. For the sake of moral regeneration we have to ensure that we do not create a platform for such evil to mushroom. This means that we have to be conscious at all times of what the consequences of explicit movies will mean for the wellbeing of our nation and the protection of our children.
Isikhathi esisangisalele sesincane kakhulu. Ake sikhulume nangokushicilelwa kwezincwadi. Kuyabonakala, mhlawumbe ngenxa yezimali, ukuthi labo babhali bezincwadi abasafufusa abanalo uxhaso olwanele ukuze sibe nemitapo engcono lapho kugcinwa khona izincwadi. Ezamafilimi sezize zathatha leyo ndawo ngoba izingane ayikho into ezisayifunda.
Nezincwadi ezazibhalwa ngababhali ababenamakhono okubhala futhi okwakuthi uma uzifunda uzwe unogqozi lokuthi ufunde uqhubeke ukuze uthole namasiko neziluleko ezazingcono kulezo zincwadi esasinazo, indawo yazo isithathwe ezamafilimi. Uma uthi uyabheka nje emtatshweni wezincwadi uzothola ukuthi izincwadi ezibhalwe ngolimi lwabomdabu zinciphile.
Ngakho-ke ngithanda ukukhuthaza uhulumeni ukuthi ake agxile ekutheni
sikwazi ukuxhasa laba babhali abasafufusa, balandele ekhonweni lababhali
abanjengo-B M Makalo Khaketla no-K E Ntsane esiSuthwini; futhi ngeke
ngalibala-ke oDkt Nyembezi, izinsizwa ezabhala izincwadi ezifana
neNqolobane Yesizwe. Aka kubuyelwe lapho kulowo mtapo khona izingane zethu-
ke zizokwazi ukuthi esizukulwaneni esizayo zifunde izinto ezingakha isizwe
ngoba phela yize kukhona le migomo elawula iminyaka yobudala mayelana
nezinto ezibukwa komaBonakude, izingane ziyawabuka nalawo mafilimi
aseminyakeni engaphezu kwazo. Umuntu uye athole ukuthi kubhalwe ukuthi
violence’’ no-n’’ u``nudity’’ ngakho-ke izingane zibuke uthi kwenzekani
lapho. Yimuphi-ke umehluko olapho ngoba lokho kuyafana ne-pornography?
Umqondo wengane uthatha leyo nto eyenzeka bese ifuna ukuthi iyenze nayo.
Ngakho-ke siyacela ukuthi uhulumeni ayibheke leyo nto yokuthi imigomo elawula iminyaka yobudala mayelana nezinto ezibukwa kumaBonakude kuyinto engasho lutho. Izingane zibuka lukhulu kulezo zinto ezenzeka lapho. (Translation of isiZulu paragraphs follows.)
[I have a few minutes left. Let us talk about the publication of books. It appears that because of funds the emerging authors do not get adequate funding so that we could have improved libraries. The film industry has now closed that gap, because children have nothing to read any longer.
The gap left by the books that were written by the experienced authors, the ones that we used to read, and that inspired us to continue reading, that conveyed culture and gave us good advice, has been taken by the film industry. When you look at the libraries you find that there are only very few books written in our African languages.
I would like to encourage the government to support those emerging authors, they must acquire the skills of authors like B M Makalo Khaketla and K E Ntsane of Sesotho; nor I will forget Dr Nyembezi, who wrote books like iNqolobane Yesizwe. Let us go back to that source of supply so in the next generation our children can learn about things that will build the nation. Although there are restrictions indicated for the programmes that are on television, children also watch the films intended for adults. A person will find that it says “violence” and there will be an “n”, which stands for “nudity”, but children will watch it anyway. What is the difference, because that is pornography? The child’s mind takes in what is happening and wants to experiment.
We therefore request the government to look at these rules that govern age restrictions for television programmes. Children learn bad things from those programmes.]
Ms N M MADLALA-MAGUBANE: Chairperson, Deputy Minister, hon members, in the past few years the ANC has been horrified at the increase in the number of cases of child and baby rapes across the country that have been reported in newspapers and on television. Everyone, regardless of race, colour or creed, has been equally outraged that such abuses are taking place in our homes and neighbourhoods.
As a collective, we waited with bated breath while justice took its course, and allowed the perpetrators of these heinous crimes to get their just desserts. However, increasingly we have seen our young children becoming the targets of different kinds of abuse and find that as Government we cannot legislate fast enough to keep up with these new injustices.
For example, the Child Justice Bill, currently still under discussion by the Portfolio Committee on Justice and Constitutional Affairs, focuses on children in conflict with the law. The reality is that cases have been reported of young children being used as fronts for more established criminal syndicates, and evidence being planted on them. The crime bosses are well aware that the children, because they are underage, will receive a lesser punishment.
The Children’s Bill that is currently with the National Assembly’s Portfolio Committee on Social Development deals with all aspects of the welfare of children, especially focusing on defending the human rights of children. Parents or guardians physically and mentally abuse children, and with the advent of the HIV and Aids pandemic, children are also becoming primary care-givers of their siblings, through no fault of their own. This means that our ANC-led government has to find a creative solution that will allow children to reach adulthood through the normal passage of years rather than having it thrust upon them through medical circumstances.
The Traditional Medical Practitioners Bill looks at outlawing the use of body parts in the use of traditional medicines. Children, and particularly babies, are again the targets of abuse. They have had their body parts cut away, sometimes while they were still alive, as was the case with a 10-year- old boy who was looking for his neighbours’ donkey. This young innocent child’s eyes, ears, genitals and other body parts were cut off, as if he were less than human, and he was left to die. He must have suffered excruciating pain before eventually dying of his injuries.
Before us today we have yet another aspect of child abuse to contend with. Specifically, we are concerned with the sexual exploitation of children in publications and films. Here children are often forced, either intentionally or unintentionally, into lewd and sexually compromising situations that give sick pleasure to a group of child- sex offenders.
A case in point of the nature of these atrocities was described during our committee’s deliberations, when we were told of a father who raped his own daughter and filmed this occurrence to comply with a sick admission policy into an exclusive group specialising in an extreme version of child pornography.
These examples may seem far-fetched to someone unfamiliar with the phenomenon, but one only has to listen closely to our neighbours and our community members to realise that behind closed doors all kinds of abuses occur. Our children are indeed far more vulnerable than we realise, and we have to do whatever we need to do to protect them from the scourges within our society.
Already section 27 of the 1996 Films and Publications Act prohibits the production, importation or possession of material involving children under the age of 18 engaged in sexual conduct or a lewd display of nudity. But clearly, for every new piece of legislation that we formulate, the perpetrators of crime against children will find loopholes and continue with their exploitative activities.
The new Bill before us therefore seeks to expand the definition of “child pornography”, because in our innocence we thought that the previous definition covered all eventualities. Now we know better. Thus you may now fall foul of the law if you engage in activities that include being in possession of any image, however created, or of any description of a person, real or simulated, who is depicted or described as being under the age of 18 engaged in sexual conduct; participating in, or assisting another person to participate in, sexual conduct; or showing or describing the body, or parts of the body, of such a person in a manner or in circumstances which, within the context, amounts to sexual exploitation, or in such a manner that is capable of being used for the purposes of sexual exploitation.
As the ANC we are also acutely conscious of our constitutional obligations, especially section 28(1), which deals with the fundamental rights of children. In the context of this Bill, and constitutionally, children must be protected from maltreatment, neglect, abuse and degradation. We believe therefore that this Bill will assist in the protection of the rights of children, especially with regard to sexual exploitation. The ANC therefore supports this Bill. I thank you, Chairperson. [Applause.]
Mr J O THLAGALE: Chair, hon Deputy Minister and the honourable House, the purpose of this Bill, among other things, is to make further provision for the prohibition of child pornography, to provide for an obligation to report offences involving child pornography, and to increase penalties for such offences.
We as grown-ups and parents have an irrevocable obligation to nurture and bring up our children in an atmosphere of peace and mental freedom. So anything that can be used for the sexual exploitation of our children, who are our sacred trust, is abominable, and deserves to be crushed to pieces. Nothing in this world is more important than our children and grandchildren, not even the treasures of this world.
Whilst the UCDP is totally in support of this Bill and the measures connected with it, I am of the opinion that the Bill should have gone further to deal with adult pornography and the screening of obnoxious films by eTV during the midnight hours over the weekends. To me these are the contributory factors to the high incidence of child molestation, murder, rape and the destruction of the spirit of ``ubuntu botho’’.
The penalties provided by the Bill for the different offences are appropriate and should be applied accordingly. I may be interpreted as a very cruel old man, but it must be remembered, hon colleagues and comrades, that when it comes to our children, we need to be resolute and not gamble with their lives. The UCDP supports this Bill. Thank you. [Applause.]
Mr T S SETONA: Madam Chairperson, an important aspect of the Films and Publications Act, and indeed this amending Bill, is a shift from censorship to the regulation of the content of films and publications, so that people can be aware before they begin to view or read materials of what they are letting themselves in for. They will then be in a position to make an informed choice based on their own moral conscience, religious belief system or whatever guides them whether to continue to engage in a specific publication or film, or not.
As an example, one need only look at the age restrictions placed on films, TV productions or Internet websites. How often has one seen the classification on them and not realised that a great deal of thought has gone into the protection of our citizens? When confronted with a PG13 film, a parent can decide whether to allow his or her child to view the material or not. Of course, this is a very mild example. More often than not, people have to make choices about whether to watch extremely violent, sexually explicit or racially prejudiced materials or not.
For this purpose, the 1996 Act created three classification categories against which content of publications and films are measured. The first of these are XX classifications: this classification deals with materials that are banned primarily because they contain explicit examples of child sex, explicit violent sexual conduct, bestiality and explicit sexual conduct which degrades a person and constitutes incitement to cause harm. All images of the above are banned. But in the case of child sex written descriptions are also banned.
Classification X18 deals with materials which can be shown, displayed or sold in specially created and licensed adult shops, such as the one that has just opened across the road from Parliament. This classification may be applied whether it concerns simulated or real sexual conduct, or includes an explicit visual presentation of genitals. Classification R18 deals with materials in this category that can be distributed to people aged 18 and over.
Publications or films that advocate religious hatred are also banned, unless they amount to a bona fide discussion, argument or opinions on a religious matter of public interest. We certainly do not wish to have a country where a white or black separatist can have unlimited access to promote racist tendencies. I think our Constitution is quite clear on that aspect.
Bona fide scientific, documentary, dramatic, literary or artistic films or publications are exempted from the above categorisation. However, artistic films or publications are not exempted if they deal with child sex.
Of course, as the use of the Internet expanded, the manner in which images were created was refined and upgraded, and at the same time new ways to describe and classify these materials were sought. In addition, all the possible role-players in the creation, production and distribution of these materials were sought, and the extent of their collective and individual responsibility was assigned. Clause 7 of the amending Bill therefore seeks to oblige Internet service providers to provide an oversight function over those making use of their services. Internet service providers are compelled to report all and any material or images containing child pornography.
Also those people who intend to distribute or exhibit must register with the board before they can begin their businesses. This would eliminate any fly-by-night operations. The Bill releases the responsibility of policing matters of possession of child pornography squarely in the hands of law enforcement agencies. This lifts the burden from the already overburdened classification committees of the board and allows the policing authorities to act quickly and timeously to shut down and prosecute those found guilty of committing crimes against our children. The ANC supports this Bill. I thank you. [Applause.]
The DEPUTY MINISTER OF HOME AFFAIRS: Chairperson and hon members, I am certain that none of you would want to view an image of child pornography, because of the gruesomeness of such an image. You can imagine that there are people among our police services, psychologists, magistrates and prosecutors who have to watch these things and deal with them on a much more regular basis. So, hon Chairperson, we are ready to do the workshop as soon as you call on us.
Over this weekend, hon Thetjeng, we had a workshop which included NGOs involved in the matter, Internet service providers and other government departments. We were acting on the commitment we had made earlier that we were going to launch a massive public campaign, which would also be comprehensive in that it would look at various aspects of our society: legislation, the media, Internet service providers and NGOs.
The intention is, first and foremost, to educate the children, because it is they who are the victims of these crimes, and then to educate the parents, teachers and any other person in our society who can play a role in this campaign and who needs to know about it. The issues that we intend to deal with would include urging parents to watch out for their children and to take responsibility, not only for their own children, but also for other people’s children. Because, as we were saying earlier, the child you see online or in a production image is a real child who has been abused. So before you switch on your Internet, before you receive a DVD or a picture, there is a real child who was abused.
We’ve got to protect those children and combat the problem before it reaches the films and publications stage. That would require, amongst other things, that we invite various stakeholders in our society and invoke among our people the concept of “every child is my child”, and ask parents, as hon Setona was saying, to take responsibility for their children, what they watch, what they do after school or during the holidays.
This is an enormous responsibility on all of us, because this brings me to the important issue, that the people who are targeting our continent for these crimes are doing so precisely because of the prevalence of poverty and underdevelopment in Africa. This is going to be the most decisive factor in combating the spread of this crime. So we have to deal with the problems of poverty, because it’s not only issues of greed among parents, it’s not issues of greed among the criminals. A child is also exploited because his or her parents cannot provide for the basic needs of the child or they are not there because of reasons of illness, death, unemployment and poverty. So we have to deal with all these challenges.
It is our wish that we deal with those issues, but we must also make a promise that we will launch this campaign and involve not only government and the public and private sectors. We hope that hon members of Parliament will play a prominent role in the process.
As hon Madlala-Magubane was saying, for every new piece of legislation we pass, child sexual offenders will find new ways to evade the legislation. We must also promise that for every new way they find to evade the legislation, we will find new ways to pin them down, to arrest them, to combat this problem. We will not relent. Whatever they try to do, we have to be on their case. Thank you. [Applause.]
The CHAIRPERSON OF THE NCOP: Deputy Minister, thank you very much. I am sure the chairperson of the committee is taking the responsibility of ensuring that, in order for us to be able to assist the department and for all of us to be on board, we call a workshop to deal with this matter. To invite provinces to come and participate will also be an advantage in order to curb this problem we are faced with.
Debate concluded.
SOUTH AFRICAN CITIZENSHIP AMENDMENT BILL
(Consideration of Bill and of Report thereon)
The DEPUTY MINISTER OF HOME AFFAIRS: Chairperson, hon members, South Africa’s democracy is underpinned by a very progressive Constitution, the supreme law of our land, which is a legacy of our struggle for freedom and human rights. The Constitution guarantees that we shall, as a nation and government, at all times respect and advance its best values and principles. It is therefore provided for that any law or conduct, if it is to be valid, must be consistent with the spirit and letter of the Constitution and fulfil the obligations that the Constitution imposes.
It is in recognition and respect of this fact that the government tables before this important House today the South African Citizenship Amendment Bill, which at face value seems to introduce a small amendment, but whose application and implication bear direct relevance to the supreme law of our country, the Constitution.
This follows on from the provisions of section 9(1) of the South African Citizenship Act, 1995, as amended by the South African Citizenship Amendment Act of 1997, which conflicts with section 20 of the Constitution that stipulates that no one may be deprived of his or her citizenship. Furthermore, this section also cannot be justified even in terms of section 35 of the Constitution, which provides for the limitation of certain rights set out in the Bill of Rights.
Accordingly, and in its attempts to realign legislation under its administration with the Constitution, the Department of Home Affairs has identified the South African Citizenship Amendment Bill as one of those pieces of legislation that needs to be introduced in order to align them with the Bill of Rights and democratic values enshrined in our Constitution.
The Bill therefore seeks to bring the South African Citizenship Act of 1995 in line with section 20 of the Constitution as far as dual citizenship is concerned. It seeks to repeal the provision that allowed the Minister to deprive a citizen of his or her citizenship for having used the travel document of a foreign country to enter or depart from the Republic, or to enter or depart from a country that issued such a passport, or any other third country.
This provision is also problematic in that it calls for the extraterritorial application of South African law. In fact, in terms of such provision a South African citizen who is also a citizen of another country stands to be deprived of his or her South African citizenship, even if he or she uses his or her foreign passport to enter or depart from the foreign country which issued it, or to enter or depart from any third country.
The problematic nature of this provision is not mitigated by the power vested in the Minister to issue authorisations to citizens with dual citizenship to use their passports abroad as set out in section 9(2) of the South African Citizenship Act. In terms of such provision, such exemptions can only be given under exceptional circumstances. In fact, to obviate the difficulties arising out of this application the Minister was forced to issue such exemptions effectively to anyone who applied for them.
Such exemptions expire on an annual basis in November. In the past they have been renewed amidst the great distress of holders of dual passports, many of whom use their foreign passports to enter foreign countries to avoid the need for visa requirements imposed on South African citizens. It was therefore urgent that the South African Citizenship Amendment Bill be introduced in Parliament and processed on an urgent basis to avoid the need to renew all outstanding exemptions when they come to an end in November 2004.
The Bill introduces the following provisions. Clause 1 seeks to repeal section 9 of the South African Citizenship Act, Act 88 of 1995. Clause 2 provides for the insertion of section 26B after section 26A in the South African Citizenship Act, Act 88 of 1995, and it will provide for the imposition of penalties on a citizen using a foreign passport to enter or depart from the Republic, or utilising his or her foreign citizenship while in the Republic. Clause 3 provides for the short title of the Act, being the South African Citizenship Amendment Act. I urge this House to accept the South African Citizenship Amendment Bill. Thank you, Madam Chairperson. [Applause.]
Mr M A SULLIMAN: Chairperson, it is an honour for me to speak on this Bill before us today. Our Constitution is quite clear - I think the Deputy Minister also referred to this - if one looks at section 20, which states quite categorically that no person may be deprived of citizenship. Section 9 of the South African Citizenship Act of 1995, which sought to deprive citizens of their citizenship merely on the basis of having dual citizenship, is clearly in conflict with the Constitution.
However, we need to be cautious with regard to whom we grant citizenship. Whilst our democracy should not inflict an unnecessary burden on those with dual citizenship, we cannot endorse the continued legitimisation of citizenship to those who have obtained their citizenship through fraudulent means, nor can we stop people who no longer want to be South African citizens from renouncing their citizenship. We are nonetheless concerned that some South African citizens, after 10 years of hardwon democracy, would continue to see the need to retain the citizenship of another country.
Many of us were deprived of our South African citizenship when we were born from the heart and soul of this country. The only reason we did not qualify to be citizens was that the white racist regime decided that only white people or those of European descent could be South African citizens. We are therefore very sensitive to the issue of citizenship.
An extract from a speech of J T Gumede, president of the ANC at the International Congress against Imperialism in Brussels in February 1927 still captures the emotions at the loss of South African citizenship then, and before our democracy in 1994. He said, and I quote:
South Africa is my country in which I was born, the country of my
forefathers. I regret to tell you this evening that we have no place
to lay our heads. We are proud South Africans who sometimes cannot
fathom why anyone would even want to be a citizen of another country
when they could have South Africa as their first choice.
We will not tolerate people abusing dual citizenship in any way. The Select Committee on Social Services has interacted with this Bill and seeks to support this Bill without amendments. I thank you. [Applause.]
The DEPUTY MINISTER OF HOME AFFAIRS: Madam Chairperson, I support the select committee. [Applause.]
Debate concluded.
Bill agreed to in accordance with section 75 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON FINANCE ON CONVENTION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA AND THE CABINET OF
MINISTERS OF UKRAINE FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE
PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME
Ms F NYANDA: Chairperson, members of the House, the purpose of the agreement is twofold. Firstly, it provides the avoidance of double taxation, and secondly, it puts in place mechanisms for the exchange of information between the tax authorities of the two countries.
This agreement concluded between the Republic of South Africa and Ukraine adheres to the key requirements of the Organisation for Economic Co- operation and Development. Widely known by its abbreviation, OECD, it is an organisation of 29 mainly industrialised member countries. South Africa is not a member of the OECD. In addition, the state law advisers of the Departments of Foreign Affairs and Justice have consulted on the agreement. It is the recommendation of the Select Committee on Finance that this House adopts this agreement. I thank you. [Applause.]
Debate concluded.
The CHAIRPERSON OF THE NCOP: I shall now put the question. The question is that the report be adopted. As the decision is dealt with in terms of section 65 of the Constitution, I shall ascertain whether all delegation heads are present in the Chamber to cast their provinces’ votes. Are all delegation heads present? In accordance with Rule 71, I shall first allow provinces the opportunity to make their declarations of vote, if they so wish. We shall now proceed to the voting on the question. I shall do so in alphabetical order per province. Delegation heads must please indicate to the Chair whether they vote in favour, against or abstain from voting. Eastern Cape?
Ms B N DLULANE: Siyaxhasa, Somlomo. [We support, Chairperson.]
The CHAIRPERSON OF THE NCOP: Free State?
Mr T S SETONA: The Free State votes in favour.
The CHAIRPERSON OF THE NCOP: Gauteng?
Mr H T SOGONI: Siyavuma. [We agree.]
The CHAIRPERSON OF THE NCOP: KwaZulu-Natal?
Mrs J N VILAKAZI: Siyavuma. [We agree.]
The CHAIRPERSON OF THE NCOP: Limpopo?
Mr D J BOTHA: Stem vir. [Vote in favour of.]
The CHAIRPERSON OF THE NCOP: Mpumalanga?
Ms M P THEMBA: In favour.
The CHAIRPERSON OF THE NCOP: Northern Cape?
Mr M A SULLIMAN: In favour.
The CHAIRPERSON OF THE NCOP: North West?
Rev P MOATSHE: Support.
The CHAIRPERSON OF THE NCOP: Western Cape?
Mr N MACK: In favour.
The CHAIRPERSON OF THE NCOP: Hon Chief Whip, can you please not intimidate members? You are supposed to protect these members, and if the intimidation starts with you … I am sure you understand what I mean.
Report accordingly adopted in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON FINANCE ON AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA AND THE GOVERNMENT OF THE STATE OF KUWAIT FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME
Mr D J BOTHA: Thank you, Comrade Chair. The government of the Republic of South Africa and Kuwait have concluded an agreement on the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income.
It is the practice in most countries for income tax to be imposed both on the worldwide income generated by residents and the income of nonresidents which arises in that country. The fact of such a system is that income generated by the resident of one country from the source of another country is subject to tax in both countries.
As this position clearly discourages foreign investment, it is normal for countries that have trade relationships to conclude double taxation agreements. Such agreements commonly provide that income of a particular nature will be taxable in only one of the countries, or may be taxed in both countries, with one of them allowing the credit for the tax imposed on another.
This agreement applies to persons who are residents of South Africa and Kuwait. The agreement covers business profit; the operation of ships and aircraft; enterprises where, for example, South Africa participates directly or indirectly in management and control of capital in the enterprise physically located in Kuwait; royalties; government services; and payments received by teachers and researchers from sources in Kuwait for purposes of education in South Africa and vice versa.
The NCOP is advised to ensure that this agreement will be accepted. I move. Thank you. [Applause.]
Debate concluded.
The CHAIRPERSON OF THE NCOP: I shall now put the question. The question is that the report be adopted. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the Chamber - I think they are. In accordance with Rule 71, I shall first allow provinces the opportunity to make their declarations of vote if they so wish. We shall now proceed to the voting on the question. I shall do so in alphabetical order per province. Delegation heads must please indicate to the Chair whether they vote in favour, against or abstain from voting. Eastern Cape?
Ms B N DLULANE: Supports.
The CHAIRPERSON OF THE NCOP: Free State?
Mr T S SETONA: In favour.
The CHAIRPERSON OF THE NCOP: Gauteng?
Mr H T SOGONI: Siyavuma. [We agree.]
The CHAIRPERSON OF THE NCOP: KwaZulu-Natal?
Mrs J N VILAKAZI: Elethu. [We support.]
The CHAIRPERSON OF THE NCOP: Limpopo?
Mr D J BOTHA: Support.
The CHAIRPERSON OF THE NCOP: Mpumalanga?
Ms M P THEMBA: Support.
The CHAIRPERSON OF THE NCOP: Northern Cape?
Mr M A SULLIMAN: Northern Cape supports.
The CHAIRPERSON OF THE NCOP: North West?
Rev P MOATSHE: Ke a rona. [We support.]
The CHAIRPERSON OF THE NCOP: Western Cape?
Mr N MACK: Support.
Report accordingly adopted in accordance with section 65 of the Constitution.
The Council adjourned at 15:14. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
TUESDAY, 10 AUGUST 2004
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Classification of Bills by Joint Tagging Mechanism:
(1) The Joint Tagging Mechanism (JTM) on 10 August 2004 in terms of
Joint Rule 160(3), classified the following Bill as a section 75
Bill:
(i) Energy Regulator Bill [B 9 - 2004] (National Assembly -
sec 75)
TABLINGS
National Assembly and National Council of Provinces
- The Minister for the Public Service and Administration
Report of the work of the Interim Management Team (IMT) in the Eastern
Cape for the period November 2002 to March 2004. 2. The Minister of Education
Report and Financial Statements of Umalusi - Council for Quality
Assurance in General and Further Education and Training for 2003-2004,
including the Report of Independent Auditors on the Financial
Statements for 2003-2004.
WEDNESDAY, 11 AUGUST 2004
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Classification of Bills by Joint Tagging Mechanism:
(1) The Joint Tagging Mechanism (JTM) on 5 August 2004 in terms of
Joint Rule 160(3), classified the following Bill as a section 75
Bill:
(i) Immigration Amendment Bill [B 11 - 2004] (National
Assembly - sec 75)
TABLINGS
National Council of Provinces
- The Chairperson
Progress report by Mafikeng Local Municipality on section 139
intervention, arising from the adoption, by the National Council of
Provinces, of the report of the Ad Hoc Committee on Intervention in the
Mafikeng Local Municipality on 27 November 2003.
Referred to the Select Committee on Local Government and Administration
for consideration and report.
THURSDAY, 12 AUGUST 2004
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Introduction of Bills
(1) The Minister of Health:
On request of the Minister the following Bill was introduced by
the Select Committee on Social Services in the National Council of
Provinces on 13 August 2004:
(i) Sterilisation Amendment Bill [B 12 - 2004] (National
Council of Provinces - sec 76) [Draft Bill and prior notice of
its introduction published in Government Gazette No 26597 of
27 July 2004.]
Referral to the Joint Tagging Mechanism (JTM) on 13 August 2004
for classification in terms of Joint Rule 160.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
National Council of Provinces
- Membership of Committees
(1) Mr R J Tau has been elected Chairperson of the Select Committee
on Public Services with effect from 4 August 2004.
1) Ms N D Ntwanambi has been elected Chairperson of the Select
Committee on Economic and Foreign Affairs with effect from 12
August 2004.
TABLINGS
National Assembly and National Council of Provinces
- The Minister for Justice and Constitutional Development
(a) Protocol on Legal Affairs in the Southern African Development
Community (SADC), in terms of section 231(2) of the Constitution,
1996 (Act No 108 of 1996).
(b) Explanatory Memorandum on the Protocol on Legal Affairs in the
Southern African Development Community (SADC).
(c) Protocol of the Court of Justice of the African Union, in terms
of section 231(2) of the Constitution, 1996 (Act No 108 of 1996).
(d) Explanatory Memorandum on the Protocol of the Court of Justice
of the African Union.
(e) Treaty between the Government of the Republic of South Africa
and the Government of the Republic of India on Extradition, in
terms of section 231(2) of the Constitution, 1996 (Act No 108 of
1996).
(f) Treaty between the Government of the Republic of South Africa
and the Government of the Republic of India on Mutual Legal
Assistance in Criminal Matters, in terms of section 231(2) of the
Constitution, 1996 (Act No 108 of 1996).
(g) Explanatory Memorandum on Treaty between the Government of the
Republic of South Africa and the Government of the Republic of
India on Extradition and Mutual Legal Assistance in Criminal
Matters.
(h) Explanatory Memorandum on the Designation of the United Kingdom,
in terms of section 2(2)(a) of the Cross-Border Insolvency Act,
2000 (Act No 42 of 2000).
(i) Report regarding the provisional suspension of Magistrate S E
Tebe without remuneration pending an investigation into his
fitness to hold office, in terms of section 13(4A)(b) of the
Magistrates Act, 1993 (Act No 90 of 1993).
COMMITTEE REPORTS
National Council of Provinces
-
Report of the Select Committee on Social Services on the South African Citizenship Amendment Bill [B 55 - 2003] (National Assembly - sec 75), dated 12 August 2004:
The Select Committee on Social Services, having considered the subject of the South African Citizenship Amendment Bill [B 55 - 2003] (National Assembly - sec 75), referred to it, reports that it has agreed to the Bill.
-
Report of the Select Committee on Social Services on the Films and Publications Amendment Bill [B 61B - 2003] (National Assembly - sec 75), dated 12 August 2004:
The Select Committee on Social Services, having considered the subject of the Films and Publications Amendment Bill [B 61B - 2003] (National Assembly - sec 75), referred to it, reports that it has agreed to the Bill.
FRIDAY, 13 AUGUST 2004
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Assent by President in respect of Bills
(1) National Gambling Bill [B 48D - 2003] - Act No 7 of 2004
(assented to and signed by President on 6 August 2004).
National Council of Provinces
-
Membership of Committees (1) Mr B J Tolo has been elected Chairperson of the Select Committee on Education and Recreation with effect from 4 August 2004.
MONDAY, 16 AUGUST 2004
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Draft bills submitted in terms of Joint Rule 159
(1) Foodstuffs, Cosmetics and Disinfectants Amendment Bill, 2004,
submitted by the Minister of Health on 10 August 2004. Referred to
the Portfolio Committee on Health and the Select Committee on
Social Services.
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
Report of the Auditor-General on the Financial Statements of the
President's Fund for 2002-2003 [RP 84-2004].
TUESDAY, 17 AUGUST 2004
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Bills passed by Houses - to be submitted to President for assent
(1) Bills passed by National Council of Provinces on 17 August 2004:
(i) South African Citizenship Amendment Bill [B 55 - 2003]
(National Assembly - sec 75)
(ii) Films and Publications Amendment Bill [B 61B - 2003]
(National Assembly - sec 75)
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Finance
Proclamation No 37 published in Government Gazette No 26543 dated 8
July 2004: Commencement of the Special Pensions Second Amendment Act,
2003 (Act No 30 of 2003).