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GBV, NYDA, IPID Bills passed by NCOP, Expropriation Bill sent back to National Assembly

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GBV, NYDA, IPID Bills passed by NCOP, Expropriation Bill sent back to National Assembly

GBV, NYDA, IPID Bills passed by NCOP, Expropriation Bill sent back to National Assembly
Photo by Creamer Media

20th March 2024

By: Thabi Shomolekae
Creamer Media Senior Writer

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Three key Bills will be sent to President Cyril Ramaphosa for assent, as required by the Constitution, after the National Council of Provinces (NCOP) passed them during its plenary on Tuesday.

The National Council of Gender-based Violence (GBV) and Femicide Bill, the National Youth Development Agency (NYDA) Amendment Bill and the Independent Police Investigative Directorate (IPID) Amendment Bill were passed by the NCOP.

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The National Assembly (NA) passed all three Bills last year and sent them to the NCOP for concurrence.

Parliament noted that the National Council on GBV Bill seeks to establish the National Council on GBV and Femicide and aims to set up a multi-sectoral, independent, and non–partisan statutory body that provides strategic leadership to address GBV and femicide in South Africa.

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It further provides for the objects and functions of the council, the appointment of the board of the council and its members, and it determines the board’s term.

The NYDA Amendment Bill seeks to amend the NYDA Act of 2008 to address various issues related to the functions and governance of the NYDA.

Parliament highlighted that the Bill provides for additional NYDA board members and sets term limits for their tenure, also requiring that board members submit financial disclosures. The Bill also seeks to amend matters about board meetings and the funding of the agency.

“The passing of this Bill by the NCOP plenary today is an important step towards strengthening the NYDA and ensuring its effectiveness in addressing the needs of the country’s youth,” it added.

Meanwhile, the IPID Amendment Bill, which was introduced in Parliament by the Minister of Police in July last year, proposes amendments to the IPID Act.

The Bill emanates from the 2016 Constitutional Court ruling involving the suspension of then-IPID executive director Robert McBride.

“The Constitutional Court found that the IPID Act contained provisions that gave the Minister of Police excessive political powers, allowing undue influence over the executive director of IPID. The court found that the existing IPID Act contravened South Africa’s constitutional principles, which call for the establishment of an independent police complaints body to investigate alleged misconduct or offences committed by members of the South African Police Service,” explained Parliament.

It noted that the Act essentially allowed the Minister to suspend, discipline, or remove the executive director without parliamentary oversight, eroding the independence of IPID.

Meanwhile, the NCOP has considered the Expropriation Bill and resolved to send it back to the National Assembly with proposed amendments.

The Bill seeks to repeal the existing Expropriation Act of 1975 to provide a common framework to guide the processes and procedures for the expropriation of property by organs of State.

It further seeks to provide for certain instances where expropriation with no compensation may be appropriate in the public interest.

After some deliberation, the House resolved to send the Bill back to the National Assembly with proposed amendments for reconsideration.

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