MPs up the ante on apartheid era laws in Parliament

Apartheid-era laws are set to come under the scrutiny of the new Parliament as public representatives want them speedily repealed.

This as Parliament made an admission that the repeal of such laws had not been at the desired pace.

Last week a report on progress made in repealing of apartheid-era laws was tabled to the programme committee of the National Assembly.

This after EFF MP Veronica Mente brought up the erstwhile laws, saying under the democratic dispensation, such laws should not be used.

“It is upon us as Parliament to make sure that these laws are changed,” said Mente.

Secretary to the National Assembly Masibulele Xaso told the National Assembly programme committee that the matter had been served in the previous parliament several times .

Xaso said it was referred to committees and that the National Assembly Speaker had written to the Leader of Government Business to ask for the executive to indicate what would be done with the apartheid laws.

“The committees were asked to interact with relevant ministers on the matter so that we could have repeal legislation introduced.

“We must indicate that the pace has not been ideal and therefore what the House chairperson for committees has determined, is that when chairpersons meet on August 5, this matter will be on the agenda so that committees can follow up with relevant department in terms of what will happen with those laws,” he said.

National Assembly Speaker Thoko Didiza said she appreciated that the matter had been attended to, albeit slowly.

“The reason for sending it to the executive is whether members of the executive in terms of legislation are setting elements in these laws they may want to keep if there is no legislation that will actually close those gaps.

“We will await the report from the House chair of committees when we meet after the recess in terms of the engagements with the chairpersons.

“This matter will serve again in our next programme committee when we come back from recess so that we can get a report from the chair of committees,” Didiza said.

EFF MP Natasha Ntlangwini asked that the list of apartheid-era laws be furnished to the parties so that they know which committee they fell under.

“It should not be given to chairs to decide there must be amendments or not,” Ntlangwini said.

Didiza agreed that the list of those laws would be circulated to MPs.

“They can follow in the various committees they serve on with members of the executive on progress that has been made,” she added.

The Cape Times reported last December that former justice minister Ronald Lamola came under criticism for his appointment of an advisory committee to review the Criminal Procedure Act and other apartheid-era legislations.

Lamola had announced an eight-member advisory committee on criminal procedure reform investigation consisting of a retired judge, a retired magistrate and academics. He said the investigation was one of the flagship projects of the South African Law Reform Commission.

“The Investigation entails a comprehensive review of the Criminal Procedure Act No.51 of 1977 (CPA) and all other apartheid-era legislation that concern the conduct of criminal trials in the lower and superior courts.

“The review of the CPA constitutes one of the priorities of the sixth administration enshrined in the 2019-2024 medium term strategic frame-work,” he said.

This was after the Justice and Constitutional Development Department had indicated in 2021 that among the apartheid and colonial-era legislation to be considered for repeal were the Trespass Act, the Riotous Assemblies Act and the Prevention of Public Violence and Intimidation Act.

Cape Times