Legal issues https://www.gov.za/ en Parliament adopts final report on Violence Against Foreign Nationals https://www.gov.za/news/media-statements/parliament-adopts-final-report-violence-against-foreign-nationals-19-nov-2015 <span> Parliament adopts final report on Violence Against Foreign Nationals</span> <span><span>Sanita</span></span> <span>Fri, 11/20/2015 - 08:59</span> <div class="field field--name-field-gcis-speech-date field--type-datetime field--label-hidden field__item"><time datetime="2015-11-19T12:00:00Z">19 Nov 2015</time></div> <div class="field field--name-body field--type-text-with-summary field--label-hidden field__item"><p>The Ad Hoc Joint Committee on Probing Violence against Foreign Nationals today adopted the final report of the Committee. The Committee adopted the findings and recommendations of the report unanimously, but has also noted that members of the Democratic Alliance supported the report with reservations.</p> <p>The report of the Committee is scheduled to be tabled before the National Assembly and the National Council of Provinces before Parliament rises next week.</p> <p>Enquiries:<br />Faith Kwaza<br />Tel: 021 403 8062<br />Cell: 081 377 0686<br />E-mail: <a href="mailto:fkwaza@parliament.gov.za">fkwaza@parliament.gov.za</a></p> </div> <div class="field field--name-field-issued-by-source field--type-entity-reference field--label-inline clearfix"> <div class="field__label">Issued by</div> <div class="field__item"><div> <div class="field field--name-field-website-url field--type-link field--label-hidden field__item"><a href="https://www.parliament.gov.za/" target="_blank">Parliament of South Africa</a></div> </div> </div> </div> <div class="field field--name-field-gcis-speech-subjects field--type-entity-reference field--label-inline clearfix"> <div class="field__label">More on</div> <div class="field__items"> <div class="field__item"><a href="https://www.gov.za/taxonomy/term/657" hreflang="en">Legal issues</a></div> </div> </div> <div class="field field--name-field-body field--type-entity-reference field--label-inline clearfix"> <div class="field__label">More from</div> <div class="field__item"><a href="https://www.gov.za/taxonomy/term/1012" hreflang="en">Parliament of South Africa</a></div> </div> <div class="field field--name-field-gcis-speech-category field--type-entity-reference field--label-hidden field__item"><a href="https://www.gov.za/speech-categories/media-statements" hreflang="en">Media Statements</a></div> Fri, 20 Nov 2015 06:59:45 +0000 Sanita 746549 at https://www.gov.za https://www.gov.za/news/media-statements/parliament-adopts-final-report-violence-against-foreign-nationals-19-nov-2015#comments Deputy Minister John Jeffery: Justice and Constitutional Development budget debate vote 21 https://www.gov.za/news/speeches/deputy-minister-john-jeffery-justice-and-constitutional-development-budget-debate <span> Deputy Minister John Jeffery: Justice and Constitutional Development budget debate vote 21</span> <span><span>Londekile</span></span> <span>Wed, 05/20/2015 - 10:39</span> <div class="field field--name-field-gcis-speech-date field--type-datetime field--label-hidden field__item"><time datetime="2015-05-19T12:00:00Z">19 May 2015</time></div> <div class="field field--name-body field--type-text-with-summary field--label-hidden field__item"><p>Chairperson<br />Honourable Minister<br />Members of the Judiciary<br />Honourable Members<br />Heads of department<br />Distinguished guests<br />Colleagues, friends, ladies and gentlemen,</p> <p>Much has been said this year about the Freedom Charter. As we celebrate its 60th anniversary, we continue to further its ideals in the way we respond to the needs of the people.</p> <p>As we celebrate Africa Month let us also be mindful that our Bill of Rights says that rights are afforded to every person within our borders – it speaks predominantly of “everyone”, in other words, not only citizens.</p> <p>Chairperson,</p> <p>Is our justice system responsive to the needs of our people? The vision of our department is to ensure an accessible justice system that promotes constitutional values and its mission is to provide transparent, responsive and accountable justice services.</p> <p>The key question we need to keep asking ourselves is how do we make the justice system work better?  Access to justice is a constitutional imperative. It is a fundamental right that unlocks access to all the other rights enshrined in our Constitution. This right has the power to transform our society into a just and equitable one.</p> <p>One of the ways we are trying to ensure that all people, even the poorest of the poor, are in a position to approach our courts, is through the establishment of accessible courts in all corners of our country.  This includes, in particular, Small Claims Courts.</p> <p>We now have 340 small claims courts across the country. Many of the new Small Claims Courts are located in rural areas, such as Babanango (KZN) and Libode (EC).</p> <p>This means that we have only 42 Small Claims Courts still to be established to be 100% compliant country-wide. This is remarkable progress.</p> <p>We will be focussing in this financial year on improving the accountability and workings of the Small Claims courts. We are also looking at ways to improve accountability. Currently most Small Claims Courts sit after hours, however, some like Alexandra and Tembisa, sit during the day. We are encouraging other Small Claims Courts to also sit during office hours, where this is possible so as to make them even more accessible. This is particularly important in rural areas where transport after hours becomes a problem.</p> <p>I would also like to extend Government’s sincere appreciation to the legal practitioners, academics and the 20 magistrates that are making themselves available, and offer their services free of charge, to be appointed as Commissioners of the Small Claims Courts. These courts truly benefit our communities and very often the poorest of the poor.</p> <p>Chairperson, Honourable Members,</p> <p>The Freedom Charter promises that all shall be equal before the law.  But how can people be equal before the law, if they do not know what the law is? What does it mean to live in a constitutional democracy, when people are not aware of their constitutional rights?</p> <p>For this reason, we have put particular emphasis on improving constitutional awareness. Making justice accessible and raising constitutional awareness means shaping programmes in such a way that they have the most effect.</p> <p>The reality is that many people live in rural areas and not all are literate. Even for those who are literate the Constitution is not always that easy to understand. One has to therefore tailor-make constitutional awareness programmes in a way that reaches people.</p> <p>Our department printed and distributed copies of the Constitution which are widely available in most government buildings. We have also translated the Constitution into all official languages and Braille. We have, in partnership with the Department of Basic Education, the SAHRC and the Foundation for Human Rights launched a booklet called the Constitution Made Easy for Learners and it is envisaged that it will be distributed to Grade 12 learners throughout the country.</p> <p>We are planning to work even closer with civil society in future. Recognising the need for synergy, coordination and cooperation between government, Civil Society Organisations, Chapter 9 institutions and other relevant role players, our department will be convening a workshop towards the end of July 2015. The workshop will focus on appropriate public awareness initiatives on the Constitution.</p> <p>Chairperson,</p> <p>I am pleased to announce that with regards to the appointment of an Information Regulator in terms of the Protection of Personal Information Act, that agreement has been reached with treasury on the grading of the Regulator and a letter will soon be sent to the Speaker, requesting her to initiate the nomination process envisaged in section 41 of the Act. This section requires a multi-party committee of the National Assembly to assist with the nomination of persons who are eligible for appointment as members of the Regulator. The appointment of the members of the Regulator will, in turn, facilitate the commencement of the remainder of the Act.</p> <p>There are important Bills on our legislative programme. The main thrust of the International Arbitration Bill is the adoption of the United Nations Commission on International Trade Law (UNCITRAL), Model Law. Arbitration is typically faster, less formal and more tailored to the particular dispute than court proceedings. The Bill is scheduled to be submitted to Parliament in November this year - we are, however, aiming to be ready before that date.</p> <p>The Cybercrimes and Related Matters Bill is aimed at strengthening the criminal justice system as envisaged in the National Development Plan, by introducing measures which are aimed at combatting cybercrime. It will be released for public comment by the department in the near future before being introduced into Parliament.</p> <p>We will be introducing the Traditional Courts Bill after consultations with relevant stakeholders. Work has also commenced on a bill dealing with the lower courts.</p> <p>Chairperson, Honourable Members,</p> <p>Legal Aid South Africa has done sterling work in advancing access to justice for indigent persons in need of legal representation, though there are still challenges in the sense that demand outweighs supply.</p> <p>Part of the good work by Legal Aid SA has been their role in developing and promoting the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems. At the recent UN Crime Conference in Doha we received great acclaim for our work in this regard. We are also pleased to note the appreciation expressed by the Portfolio Committee for the work being done by Legal Aid SA.</p> <p>The past 3 years have been an exciting and innovative period for the sheriff’s profession. Earlier this year 11 members were appointed to serve on the new Board for Sheriffs, which term of office commenced on the 2nd of March 2015.</p> <p>In addition, we were proud to witness the launch of the new Sheriffs’ Guide earlier this year. Recent evictions in Khayelitsha have highlighted the need for more to be done to further professionalise and ensure greater accountability of sheriffs.</p> <p>Honourable Members,</p> <p>Better access to justice means a better life for all. The justice system must be responsive to the needs of the people it serves, so that we are all truly equal before the law. We have made significant progress during the past financial year and with the support of this House we can continue to do so.</p> <p>Siyaqhuba.<br />Siyasebenza.</p> <p>I thank you.</p> </div> <div class="field field--name-field-issued-by-source field--type-entity-reference field--label-inline clearfix"> <div class="field__label">Issued by</div> <div class="field__item"><div> <div class="field field--name-field-website-url field--type-link field--label-hidden field__item"><a href="https://www.justice.gov.za/" target="_blank">Department of Justice and Constitutional Development</a></div> </div> </div> </div> <div class="field field--name-field-department field--type-entity-reference field--label-inline clearfix"> <div class="field__label">More from</div> <div class="field__item"><a href="https://www.gov.za/taxonomy/term/887" hreflang="en">Department of Justice and Constitutional Development</a></div> </div> <div class="field field--name-field-gcis-speech-subjects field--type-entity-reference field--label-inline clearfix"> <div class="field__label">More on</div> <div class="field__items"> <div class="field__item"><a href="https://www.gov.za/taxonomy/term/729" hreflang="en">Justice</a></div> <div class="field__item"><a href="https://www.gov.za/taxonomy/term/657" hreflang="en">Legal issues</a></div> </div> </div> <div class="field field--name-field-gcis-speech-category field--type-entity-reference field--label-hidden field__item"><a href="https://www.gov.za/speech-categories/speeches" hreflang="en">Speeches</a></div> Wed, 20 May 2015 08:39:49 +0000 Londekile 738931 at https://www.gov.za https://www.gov.za/news/speeches/deputy-minister-john-jeffery-justice-and-constitutional-development-budget-debate#comments Deputy President Cyril Ramaphosa on judicial commission of inquiry into state capture https://www.gov.za/speeches/deputy-president-cyril-ramaphosa-judicial-commission-inquiry-state-capture-15-jul-2017-0000 <span> Deputy President Cyril Ramaphosa on judicial commission of inquiry into state capture</span> <span><span>lebang</span></span> <span>Mon, 07/17/2017 - 08:17</span> <div class="field field--name-field-gcis-speech-date field--type-datetime field--label-hidden field__item"><time datetime="2017-07-15T12:00:00Z">15 Jul 2017</time></div> <div class="field field--name-body field--type-text-with-summary field--label-hidden field__item"><h3>Deputy President Cyril Ramaphosa stands by call for judicial commission of inquiry into state capture</h3> <p>Deputy President Cyril Ramaphosa has reiterated his widely stated support for the establishment, without delay, of a judicial commission of inquiry into state capture.<br /> <br />Deputy President Ramaphosa however opposes an application in which AfriForum, the Quaker Peace Centre and the F.W. de Klerk Foundation are asking the Constitutional Court to order the Deputy President to establish a Commission of Inquiry into the allegations of state capture.<br /> <br />Deputy President Ramaphosa opposes this application based on his understanding that the Constitution does not permit the Deputy President to exercise Presidential powers.<br /> <br />Enquiries:<br />Tyrone Seale<br />Cell: 083 5757 440</p> </div> <div class="field field--name-field-issued-by-source field--type-entity-reference field--label-inline clearfix"> <div class="field__label">Issued by</div> <div class="field__item"><div> <div class="field field--name-field-website-url field--type-link field--label-hidden field__item"><a href="https://www.thepresidency.gov.za/" target="_blank">The Presidency</a></div> </div> </div> </div> <div class="field field--name-field-department field--type-entity-reference field--label-inline clearfix"> <div class="field__label">More from</div> <div class="field__item"><a href="https://www.gov.za/taxonomy/term/906" hreflang="en">The Presidency</a></div> </div> <div class="field field--name-field-gcis-speech-subjects field--type-entity-reference field--label-inline clearfix"> <div class="field__label">More on</div> <div class="field__items"> <div class="field__item"><a href="https://www.gov.za/taxonomy/term/657" hreflang="en">Legal issues</a></div> </div> </div> <div class="field field--name-field-gcis-speech-category field--type-entity-reference field--label-hidden field__item"><a href="https://www.gov.za/speech-categories/media-statements" hreflang="en">Media Statements</a></div> Mon, 17 Jul 2017 06:17:12 +0000 lebang 765107 at https://www.gov.za https://www.gov.za/speeches/deputy-president-cyril-ramaphosa-judicial-commission-inquiry-state-capture-15-jul-2017-0000#comments Higher Education and Training on settlement agreement with NEHAWU https://www.gov.za/news/media-statements/higher-education-and-training-settlement-agreement-nehawu-11-aug-2015 <span> Higher Education and Training on settlement agreement with NEHAWU</span> <span><span>lebang</span></span> <span>Wed, 08/12/2015 - 12:50</span> <div class="field field--name-field-gcis-speech-date field--type-datetime field--label-hidden field__item"><time datetime="2015-08-11T12:00:00Z">11 Aug 2015</time></div> <div class="field field--name-body field--type-text-with-summary field--label-hidden field__item"><p><strong>Statement on the Settlement Agreement between NEHAWU and the Department of Higher Education and Training</strong></p> <p>The Department and the Public Sector trade union, National Education, Health and Allied Workers' Union (NEHAWU), have signed a settlement Agreement following a prolonged dispute at Eastcape Midlands TVET College.</p> <p>An unprotected strike commenced in January 2015. The dispute initially involved approximately 237 employees, of whom 66 were subsequently dismissed. Following the prescribed consultative procedure, 16 NEHAWU shop stewards were due to appear before a disciplinary hearing convened on 14 May and a number of other employees, who had not yet been subject to disciplinary action, were to have their hearings at a later date. During the course of the dispute, a number of union affiliated and non-affiliated employees returned to work but, in terms of the settlement agreement, will nevertheless be subject to various sanctions.</p> <p>Embarking on an unprotected strike contravenes the Labour Relations Act that regulates and articulates the proper processes to be followed during a dispute between employees and their employer. Specific provision is made in law for a protected strike arising from unresolved grievances in the workplace.</p> <p>In order to resolve the matter, the national leadership of NEHAWU and senior officials of the Department engaged in fruitful discussions on the issue of the dismissed employees, the imminent disciplinary hearing and the matter of those not yet having been subjected to appropriate disciplinary action</p> <p> On 7 August 2015, a settlement agreement was reached between the Department and NEHAWU to address matters arising from the disciplinary processes concluded, the protracted disciplinary process already underway and disciplinary actions not yet commenced as a consequence of the unprotected strike. </p> <p><em>Inter alia</em>, both parties agreed that:</p> <ol><li>Employees will return to work on 7 September 2015 and be served with final written warnings, valid for a period of 12 months, in respect of any participation in unprotected strike action.</li> <li>Recovery of salary advances, arising as a consequence of the “no work, no pay” principle paid by the employer in order to alleviate undue hardship on the families affected, will be implemented.</li> <li>An additional salary forfeiture, equivalent to one month’s pay will be effected.</li> <li>NEHAWU has undertaken that there will be no future unprotected strike action on the part of its members.</li> <li>Both parties agreed to start a process of relationship building to be facilitated by the Department of Higher Education and Training.</li> </ol><p>Both parties reserve their rights as detailed in the settlement agreement and trust and agree that the College and its staff will be able to resume learning and teaching, focused on the best interests of the students, in a stable and conducive environment.</p> <p>Minister Nzimande has commended the settlement agreement package.“ Whilst dismissals of workers is painful to everyone but where unlawful conduct occurs in the workplace, the employer has to act in the manner that is consistent with the labour laws. We hope that employees in the East Cape Midlands College have learnt some lessons from this dispute” said the Minister.</p> <p>The <a href="https://www.gov.za/sites/default/files/speech_docs/New%20Document%286%29%2007-Aug-2015%2011-54-59%20%2800000003%29.pdf">settlement agreement is attached hereto</a> for ease of reference.</p> <p>Enquiries:<br />Khaye Nkwanyana<br />Director: Media Liaison Officer<br />Tel: 012 312 5555<br />Cell: 0839529723<br />E-mail: <a href="mailto:Nkwanyana.K@dhet.gov.za">Nkwanyana.K@dhet.gov.za </a></p> </div> <div class="field field--name-field-gcis-speech-document field--type-file field--label-inline clearfix"> <div class="field__label">Speech Document</div> <div class="field__items"> <div class="field__item"><span class="file file--mime-application-pdf file--application-pdf"><a href="https://www.gov.za/sites/default/files/gcis_speech/201508/New%20Document%286%29%2007-Aug-2015%2011-54-59%20%2800000003%29.pdf" type="application/pdf">New Document(6) 07-Aug-2015 11-54-59 (00000003).pdf</a></span> </div> </div> </div> <div class="field field--name-field-issued-by-source field--type-entity-reference field--label-inline clearfix"> <div class="field__label">Issued by</div> <div class="field__item"><div> <div class="field field--name-field-website-url field--type-link field--label-hidden field__item"><a href="https://www.dhet.gov.za/" target="_blank">Department of Higher Education and Training</a></div> </div> </div> </div> <div class="field field--name-field-gcis-speech-subjects field--type-entity-reference field--label-inline clearfix"> <div class="field__label">More on</div> <div class="field__items"> <div class="field__item"><a href="https://www.gov.za/taxonomy/term/657" hreflang="en">Legal issues</a></div> </div> </div> <div class="field field--name-field-gcis-speech-category field--type-entity-reference field--label-hidden field__item"><a href="https://www.gov.za/speech-categories/media-statements" hreflang="en">Media Statements</a></div> Wed, 12 Aug 2015 10:50:01 +0000 lebang 742391 at https://www.gov.za https://www.gov.za/news/media-statements/higher-education-and-training-settlement-agreement-nehawu-11-aug-2015#comments MEC Cyril Xaba: Signing of land settlement agreement for Mkhuzane and Nodunga communities https://www.gov.za/news/speeches/mec-cyril-xaba-signing-land-settlement-agreement-mkhuzane-and-nodunga-communities-23 <span> MEC Cyril Xaba: Signing of land settlement agreement for Mkhuzane and Nodunga communities</span> <span><span>Vuyelwa</span></span> <span>Fri, 07/24/2015 - 08:34</span> <div class="field field--name-field-gcis-speech-date field--type-datetime field--label-hidden field__item"><time datetime="2015-07-23T12:00:00Z">23 Jul 2015</time></div> <div class="field field--name-body field--type-text-with-summary field--label-hidden field__item"><p>Program Director Advocate Bheki Mbili<br />Deputy Minister for Rural Development and Land Reform, Ms Candith Mashego Dlamini<br />Chief Director Provincial Shared Service Centre Mr N Mndaweni<br />KZN Regional Land Claims Commissioner Mr LH Maphutha<br />Chairperson of the Mkhuzane Land Claims Committee Inkosi Sithole<br />Chairperson of the Nodunga Land Claims Committee Mr S Zulu Mondi<br />Representative Mr M Makhathini<br />Guests from Mondi and Community Representatives Officials present</p> <p>Ladies and gentlemen</p> <p>When I meet with different agricultural sectors, the issue of land restitution always come up. People ask me about land being taken away from agriculture and the failure of post-settlement farms. My response has always been that all of us within the sector need to work together to find win-win situations.</p> <p>I also tell them that a key pillar in the Kwazulu-Natal (KZN) Department of Agriculture and Rural Development’s new Strategy for Agrarian Transformation in the Province is recapitalisation and post-settlement support for land reform farms. I am happy to be here today with the Deputy Minister for Rural Development and Land Reform, Ms Candith Mashego-Dlamini to witness the forging of such a win-win situation.</p> <p>Mondi as well as the Mkhuzane and Nodunga land claimants must be commended for agreeing to work together. We are here this morning not just for the signing of the settlement claim, but to also witness a commitment, among the parties involved, to work together. The claimants will take over the management and ownership of the land and Mondi will lease the land for forestry plantations from the claimants. Everyone is a winner and farming of the land continues.</p> <p>Deputy Minister what is happening here today can also be described as KwaZulu-Natal’s new vision for Agriculture and Rural Development being put into action. We have crafted a strategy for Agrarian Transformation in the province. The aim of this strategy is to promote through partnerships economic growth, food security and the advancement of rural communities. I wish all of you every success in your endeavour and may it prosper to help grow the forestry sector in KZN.</p> <p>Deputy Minister, your home province, Mpumalanga is the largest timber producer in the country while KwaZulu-Natal comes second. We may end up competing with you for this top position, that is, if we follow the example set here today.</p> <p>By this I mean if we in government, communities and the commercial forestry sector work in cooperation. Forestry is extremely important in our province. It is the biggest agricultural commodity in KwaZulu-Natal and accounts for 24% of the total Provincial Agricultural gross domestic product (GDP) of R1,3 billion. KZN is home to over 1 000 commercial timber farmers and over 25 000 small-scale timber growers, the majority of whom are women. We are also very excited that the 14th World Forestry Congress will be taking place in Durban in September. </p> <p>Deputy Minister, I’d also like you to know that land claims settlements are moving with pace in KwaZulu-Natal. We’ve had a number of settlements recently. Two weeks ago there was a handover of financial compensation vouchers valued at over R55 million to 581 households to settle the Roosboom community claim in the ladysmith area.</p> <p>There is today’s event and on Saturday there will be the handover of financial compensation vouchers to 152 beneficiaries to settle the St Xavier’s land claim in the Durban area. I have commended the work done by the Provincial Land Restitution team and I would like to thank them once more for their thorough research and commitment to getting land claims settled.</p> <p>In conclusion, I want to thank you for visiting our Province. Before I take my seat, I would like to introduce you to our guests here today. Deputy Minister Candith Kwati Mashego-Dlamini was born on a farm in Hazyview, Mpumalanga.</p> <p>She trained as a teacher and taught for a number of years. While teaching she continued her studies part-time completing her degree and other post-graduate qualifications both in education and public management Ms Mashego-Dlamini was a member of the Executive Council in Mpumalanga for a number of years. She served as MEC in the following portfolios, Health, Welfare and Gender Affairs; Agriculture, Conservation and Environment as well as Public Works.</p> <p>Ms Mashego-Dlamini was appointed as one of the Deputy Ministers of Rural Development and Land Reform in the Republic of South Africa from 26 May 2014.</p> <p>Deputy Minister we look forward to your address.</p> <p>I thank you.</p> </div> <div class="field field--name-field-province field--type-entity-reference field--label-inline clearfix"> <div class="field__label">Province</div> <div class="field__item"><a href="https://www.gov.za/taxonomy/term/930" hreflang="en">KwaZulu-Natal</a></div> </div> <div class="field field--name-field-issued-by-source field--type-entity-reference field--label-inline clearfix"> <div class="field__label">Issued by</div> <div class="field__item"><div> <div class="field field--name-field-website-url field--type-link field--label-hidden field__item"><a href="http://www.kzndae.gov.za/" target="_blank">KwaZulu-Natal Agriculture and Rural Development</a></div> </div> </div> </div> <div class="field field--name-field-gcis-speech-subjects field--type-entity-reference field--label-inline clearfix"> <div class="field__label">More on</div> <div class="field__items"> <div class="field__item"><a href="https://www.gov.za/taxonomy/term/656" hreflang="en">Land</a></div> <div class="field__item"><a href="https://www.gov.za/taxonomy/term/657" hreflang="en">Legal issues</a></div> </div> </div> <div class="field field--name-field-gcis-speech-category field--type-entity-reference field--label-hidden field__item"><a href="https://www.gov.za/speech-categories/speeches" hreflang="en">Speeches</a></div> Fri, 24 Jul 2015 06:34:01 +0000 Vuyelwa 741666 at https://www.gov.za https://www.gov.za/news/speeches/mec-cyril-xaba-signing-land-settlement-agreement-mkhuzane-and-nodunga-communities-23#comments Minister Fikile Mbalula notes North Gauteng High Court judgement https://www.gov.za/speeches/minister-mbalula-notes-north-gauteng-high-court-judgement-18-may-2017-0000 <span> Minister Fikile Mbalula notes North Gauteng High Court judgement </span> <span><span>Estelle Greeff</span></span> <span>Thu, 05/18/2017 - 15:05</span> <div class="field field--name-field-gcis-speech-date field--type-datetime field--label-hidden field__item"><time datetime="2017-05-18T12:00:00Z">18 May 2017</time></div> <div class="field field--name-body field--type-text-with-summary field--label-hidden field__item"><p>The Minister of Police Mr Fikile Mbalula has noted the judgement of the North Gauteng High Court on the case brought against him by the Former Head of the Directorate for Priority Crime Investigation (DPCI), General Berning Hlemeza.</p> <p>General Hlemeza's case was struck off the roll and he was ordered to pay costs of two counsels as matter was not urgent.</p> <p>The Minister reiterates that on the matter regarding General Hlemeza's position at the DPCI he implementing the 17 March 2017 judgement that set aside his appointment. He maintains that as the Minister he has always been right on the interpretation of the Court Order.</p> <p>The effect of today's judgement and that of the 17th of March 2017 means that even if General Ntlemeza decides to appeal further the order stands and is not suspended.</p> <p>The Minister will study the judgement and comment fully at an appropriate stage.</p> <p>Media Enquiries:<br />Vuyo Mhaga<br />Cell: 076 636 5193</p> </div> <div class="field field--name-field-issued-by-source field--type-entity-reference field--label-inline clearfix"> <div class="field__label">Issued by</div> <div class="field__item"><div> <div class="field field--name-field-website-url field--type-link field--label-hidden field__item"><a href="https://www.saps.gov.za/" target="_blank">South African Police Service</a></div> </div> </div> </div> <div class="field field--name-field-department field--type-entity-reference field--label-inline clearfix"> <div class="field__label">More from</div> <div class="field__item"><a href="https://www.gov.za/taxonomy/term/922" hreflang="en">South African Police Service</a></div> </div> <div class="field field--name-field-gcis-speech-subjects field--type-entity-reference field--label-inline clearfix"> <div class="field__label">More on</div> <div class="field__items"> <div class="field__item"><a href="https://www.gov.za/taxonomy/term/657" hreflang="en">Legal issues</a></div> </div> </div> <div class="field field--name-field-gcis-speech-category field--type-entity-reference field--label-hidden field__item"><a href="https://www.gov.za/speech-categories/media-statements" hreflang="en">Media Statements</a></div> Thu, 18 May 2017 13:05:05 +0000 Estelle Greeff 763258 at https://www.gov.za https://www.gov.za/speeches/minister-mbalula-notes-north-gauteng-high-court-judgement-18-may-2017-0000#comments Minister Malusi Gigaba issues final retirement funds default regulations https://www.gov.za/speeches/minister-malusi-gigaba-issues-final-retirement-funds-default-regulations-25-aug-2017-0000 <span> Minister Malusi Gigaba issues final retirement funds default regulations</span> <span><span>Londekile</span></span> <span>Fri, 08/25/2017 - 16:44</span> <div class="field field--name-field-gcis-speech-date field--type-datetime field--label-hidden field__item"><time datetime="2017-08-25T12:00:00Z">25 Aug 2017</time></div> <div class="field field--name-body field--type-text-with-summary field--label-hidden field__item"><h3>Minister issues final retirement funds default regulations to improve member outcomes</h3> <p>The Minister of Finance today issues for implementation the final retirement funds default regulations (“regulations”), made in terms of section 36 of the Pension Funds Act (No. 24 of 1956). These regulations, published in Notice 863 of Government Gazette No. 41064 and available on the National Treasury website, will take effect on 1 September 2017.</p> <p>The final default regulations are the outcome of an extensive consultative process between National Treasury, industry, the Financial Services Board (FSB) and other interested stakeholders. The first draft of the default regulations was published for public comment on 22 July 2015, and revised after taking into account public comments.</p> <p>The second draft of the regulations was published for public comment on 9 December 2016.</p> <p>These final regulations are meant to improve the outcomes for members of retirement funds by ensuring that they get good value for their savings and retire comfortably.</p> <p>The regulations require retirement funds’ trustee boards to offer a default in-fund preservation arrangement to members who leave the services of the participating employer before retirement, and also a default investment portfolio to contributing members who do not exercise any choice regarding how their savings should be invested.</p> <p>For retiring members, a fund should have an annuity strategy with annuity options, either in-fund or out-of-fund, and can only “default” retiring members into a particular annuity product after a member has made a choice.</p> <p>Member defaults should be relatively simple, cost-effective and transparent. The default regulations will require that fund trustee boards assist members during the accumulation and retirement phases.</p> <p><strong>Brief summary of the provisions in the regulations</strong></p> <p>Default investment portfolio: All retirement funds with a defined contribution category are required to have a default investment portfolio(s). The investment portfolio(s) that members are defaulted into should be appropriate, reasonably priced, well communicated to members, and offer good value for money.</p> <p>Trustees are required to monitor investment portfolios regularly to ensure continued compliance with these principles and rules. Performance fees will be allowed but subject to a standard to be issued by the FSB and a regulatory or policy review.</p> <p>Loyalty bonuses are not permitted. The default investment portfolio regulation, for now, does not apply to retirement annuity and preservation funds.</p> <p>Default preservation: Funds that have members enrolled into them as a condition of employment (i.e. pension and provident funds), will have to change their rules to allow for default preservation as some of them currently do not allow resigning workers to leave their accumulated retirement savings in the fund.</p> <p>The employee, however, will have the right and option to withdraw, upon request, the accumulated savings or to transfer them to any other fund, thereby achieving portability. Employees will also be required to first seek retirement benefits counselling before they make a decision. The default preservation regulation does not apply to retirement annuity and preservation funds.</p> <p>Annuity strategy: Two types of annuities exist, a living and life annuity. A life annuity, once chosen or defaulted into, becomes irreversible. To better manage this irreversibility, it was decided that funds should first require the active participation of members, who should indicate beforehand, which type of annuity (e.g. life or living annuity) should be paid. This required pre-selection by the members makes the purchase of an annuity a “soft default” by having the member “opt-in” instead of “opting-out”; i.e. a member must first indicate which annuity product he/she would prefer being enrolled into.</p> <p>The “default” annuity should also be appropriate for members, well communicated and offer good value for money. Members should be given access to retirement benefits counselling to assist them in understanding and giving effect to the annuity strategy.</p> <p>Pension fund, pension preservation fund and retirement annuity funds are required to establish an annuity strategy. Provident and provident preservation funds must only establish an annuity strategy if the fund enables the member to elect an annuity.</p> <p>This does not mean that members of provident funds are compelled by these regulations to purchase an annuity upon retirement; the annuitisation of provident funds remains under discussion at Nedlac.</p> <p><strong>Implementation timelines</strong></p> <p>All new default arrangements that come into operation on or after the 1 September 2017 effective date of the regulations must comply with the requirements set out in the regulations.</p> <p>Existing default arrangements will be expected to be fully aligned to the regulations 18 (eighteen) months after the effective date (1 September 2017) of the regulations, i.e. by 1 March 2019.</p> <p>As with any new policy or regulation, these final regulations will be continuously monitored, assessed and reviewed to enable necessary updates that ensure that members of retirement funds are protected against excessive fees, excessively complex and opaque products and certain bad practices.</p> <p>The National Treasury thanks all stakeholders for their contribution to this complex process.</p> </div> <div class="field field--name-field-issued-by-source field--type-entity-reference field--label-inline clearfix"> <div class="field__label">Issued by</div> <div class="field__item"><div> <div class="field field--name-field-website-url field--type-link field--label-hidden field__item"><a href="https://www.treasury.gov.za/" target="_blank">National Treasury</a></div> </div> </div> </div> <div class="field field--name-field-department field--type-entity-reference field--label-inline clearfix"> <div class="field__label">More from</div> <div class="field__item"><a href="https://www.gov.za/taxonomy/term/902" hreflang="en">National Treasury</a></div> </div> <div class="field field--name-field-gcis-speech-subjects field--type-entity-reference field--label-inline clearfix"> <div class="field__label">More on</div> <div class="field__items"> <div class="field__item"><a href="https://www.gov.za/taxonomy/term/657" hreflang="en">Legal issues</a></div> </div> </div> <div class="field field--name-field-gcis-speech-category field--type-entity-reference field--label-hidden field__item"><a href="https://www.gov.za/speech-categories/media-statements" hreflang="en">Media Statements</a></div> Fri, 25 Aug 2017 14:44:47 +0000 Londekile 766370 at https://www.gov.za https://www.gov.za/speeches/minister-malusi-gigaba-issues-final-retirement-funds-default-regulations-25-aug-2017-0000#comments Minister Ronald Lamola applauds Gender Dynamix and Iranti for successfully bidding to host ILGA World Conference in 2024 https://www.gov.za/news/media-statements/minister-ronald-lamola-applauds-gender-dynamix-and-iranti-successfully <span> Minister Ronald Lamola applauds Gender Dynamix and Iranti for successfully bidding to host ILGA World Conference in 2024</span> <span><span>Londekile</span></span> <span>Wed, 05/18/2022 - 12:28</span> <div class="field field--name-field-gcis-speech-date field--type-datetime field--label-hidden field__item"><time datetime="2022-05-17T12:00:00Z">17 May 2022</time></div> <div class="field field--name-body field--type-text-with-summary field--label-hidden field__item"><h3>Minister Lamola applauds Gender Dynamix and Iranti for successfully bidding to host ILGA (International Lesbian, Gay, Bisexual, Trans, and Intersex Association) World Conference in 2024</h3> <p>The Minister of Justice and Correctional Services, Mr Ronald Lamola, MP, commends two of South Africa’s leading civil society organisations, Gender Dynamix and IRANTI, for winning a bid to host the International Lesbian, Gay, Bisexual, Trans, and Intersex Association World Conference to be held in Cape Town in 2024.</p> <p>The ILGA World Conference 2024 will be the largest global gathering of LGBTIQ+ change-makers on the African continent in more than wo decades. The last and only other time ILGA World was hosted in South Africa was in 1999 in Johannesburg.</p> <p>Iranti and Gender Dynamix’ successful bid highlights the fact that South Africa still has much work to do in the protection and promotion of LGBTIQ+ communities. Despite our progressive laws and legislation, discrimination, prejudice, and violence on the basis of a person’s sex, sexual orientation, gender identity, gender expression and sex characteristics still exists.</p> <p>We have no doubt that this platform will enable us as society to heighten our institutional mechanisms and to address societal attitudes so as to prevent homophobia, transphobia, and the general violation of human rights in our communities.</p> <p>On this day ,17 May, the world also marks the International Day against Homophobia, Biphobia and Transphobia (IDAHOT) under the theme “Our Bodies – Our Lives - Our Lives- Our Rights!”  IDAHOT commemorates the World Health Organisation’s decision in 1990 to declassify homosexuality as a mental disorder.</p> <p>The Minister of Justice and Correctional Services encourages our communities to protect and promote the rights of LGBTIQ+ persons and to remember and honour those who have been attacked and killed as a result of their sexual orientation, gender identity or expression and sex characteristics.</p> <p>“With help from civil society organisations such as Gender Dynamix and IRANTI we are constructing a truly inclusive society – one which not only accepts, but celebrates diversity, where people can be themselves no matter what their sex, sexual orientation, gender identity, gender expression, sex characteristics may be and where everyone has the same enjoyment of their human rights,” said Minister Lamola.</p> <p>Mr. Chrispin Phiri<br />Spokesperson: Ministry of Justice and Correctional Services<br />Chrispin Phiri<br />Cell: 081 781 2261   </p> </div> <div class="field field--name-field-issued-by-source field--type-entity-reference field--label-inline clearfix"> <div class="field__label">Issued by</div> <div class="field__item"><div> <div class="field field--name-field-website-url field--type-link field--label-hidden field__item"><a href="https://www.justice.gov.za/" target="_blank">Department of Justice and Constitutional Development</a></div> </div> </div> </div> <div class="field field--name-field-department field--type-entity-reference field--label-inline clearfix"> <div class="field__label">More from</div> <div class="field__item"><a href="https://www.gov.za/taxonomy/term/887" hreflang="en">Department of Justice and Constitutional Development</a></div> </div> <div class="field field--name-field-gcis-speech-subjects field--type-entity-reference field--label-inline clearfix"> <div class="field__label">More on</div> <div class="field__items"> <div class="field__item"><a href="https://www.gov.za/taxonomy/term/657" hreflang="en">Legal issues</a></div> </div> </div> <div class="field field--name-field-gcis-speech-category field--type-entity-reference field--label-hidden field__item"><a href="https://www.gov.za/speech-categories/media-statements" hreflang="en">Media Statements</a></div> Wed, 18 May 2022 10:28:48 +0000 Londekile 813530 at https://www.gov.za https://www.gov.za/news/media-statements/minister-ronald-lamola-applauds-gender-dynamix-and-iranti-successfully#comments Parliament notes ruling of International Criminal Court on the matter between South African government and President Omar Al-Bashir https://www.gov.za/speeches/parliament-notes-ruling-international-criminal-court-matter-involving-south-african <span> Parliament notes ruling of International Criminal Court on the matter between South African government and President Omar Al-Bashir </span> <span><span>lebang</span></span> <span>Fri, 07/07/2017 - 07:31</span> <div class="field field--name-field-gcis-speech-date field--type-datetime field--label-hidden field__item"><time datetime="2017-07-06T12:00:00Z">06 Jul 2017</time></div> <div class="field field--name-body field--type-text-with-summary field--label-hidden field__item"><h3>International Relations Portfolio Committee notes ICC ruling</h3> <p>The Portfolio Committee on International Relations and Cooperation has noted the ruling of the International Criminal Court (ICC) on the matter involving the South African government and President Omar Al-Bashir of Sudan.</p> <p>The Chairperson of the Committee, Mr Siphosezwe Masango, said we should remember that President Al-Bashir did not visit South Africa on an invitation from government, but was attending an African Union summit. He therefore enjoyed immunity like any other head of state.</p> <p>“President Al-Bashir was in the country attending an African Union summit of heads of state, and the principles of diplomatic immunity applied. The Committee remains convinced that South Africa acted in the best interests of African states and her people by not arresting a sitting head of state,” Mr Masango said.</p> <p>“Diplomatic immunity impresses upon nations respect and absolute freedom for heads of states when visiting countries on international missions. South Africa ought to have been treated like the United Nations where presidents attend important meetings in the United States and cannot be arrested while on those assignments,” he said.</p> <p>The ICC found that South Africa should have arrested President Al-Bashir in 2015 when he visited the country. The ICC Supreme Court of Appeals also upheld that the South African government ought to have arrested President Al-Bashir, in compliance with the arrest warrant that was issued by the North Gauteng High Court.</p> <p>“If this ruling is insistent that South Africa ought to have arrested the president of Sudan, then that is justification enough for the South African government to leave the ICC as a matter of urgency,” he said.</p> <p>For media enquiries or interviews with the Chairperson, please contact:<br />Name: Sibongile Maputi (Mr)<br />Tel: 021 403 8041<br />Cell: 081 052 6060<br />E-mail: <a href="mailto:smaputi@parliament.gov.za">smaputi@parliament.gov.za</a></p> </div> <div class="field field--name-field-issued-by-source field--type-entity-reference field--label-inline clearfix"> <div class="field__label">Issued by</div> <div class="field__item"><div> <div class="field field--name-field-website-url field--type-link field--label-hidden field__item"><a href="https://www.parliament.gov.za/" target="_blank">Parliament of South Africa</a></div> </div> </div> </div> <div class="field field--name-field-gcis-speech-subjects field--type-entity-reference field--label-inline clearfix"> <div class="field__label">More on</div> <div class="field__items"> <div class="field__item"><a href="https://www.gov.za/taxonomy/term/657" hreflang="en">Legal issues</a></div> </div> </div> <div class="field field--name-field-body field--type-entity-reference field--label-inline clearfix"> <div class="field__label">More from</div> <div class="field__item"><a href="https://www.gov.za/taxonomy/term/1012" hreflang="en">Parliament of South Africa</a></div> </div> <div class="field field--name-field-gcis-speech-category field--type-entity-reference field--label-hidden field__item"><a href="https://www.gov.za/speech-categories/media-statements" hreflang="en">Media Statements</a></div> Fri, 07 Jul 2017 05:31:43 +0000 lebang 764846 at https://www.gov.za https://www.gov.za/speeches/parliament-notes-ruling-international-criminal-court-matter-involving-south-african#comments Parliament on Higher Education Amendment Bill https://www.gov.za/speeches/committee-satisfied-inputs-hearings-higher-education-amendment-bill-19-feb-2016-0000 <span> Parliament on Higher Education Amendment Bill</span> <span><span>Vuyelwa</span></span> <span>Fri, 02/19/2016 - 10:29</span> <div class="field field--name-field-gcis-speech-date field--type-datetime field--label-hidden field__item"><time datetime="2016-02-19T12:00:00Z">19 Feb 2016</time></div> <div class="field field--name-body field--type-text-with-summary field--label-hidden field__item"><h3>Committee satisfied with inputs at hearings on Higher Education Amendment Bill</h3> <p>The Portfolio Committee on Higher Education and Training has completed public hearings into the Higher Education Amendment Bill and voiced its satisfaction with the quality of inputs received from the various sectors that participated, including civil society, labour unions, academia and student organisations. Also present in the meeting were state law advisors, and legal advisors from the Department of Higher Education and Training and Parliament.</p> <p>The Chairperson of the Committee, Ms Yvonne Phosa, said the public hearings provided various perspectives and have enriched and deepened Committee Members’ insights on the Bill.</p> <p>“In the law-making process of Parliament public participation is crucial. The Committee is in a better position to entertain and analyse what South Africa advised it to include or not include in the Bill,” Ms Phosa said.</p> <p>The two-day public hearings heard oral submissions from 15 key stakeholders. All the submissions welcomed the Bill, but also raised issues of concern, particularly on such issues as institutional autonomy and accountability, ministerial directives, disqualification of fraudulent qualifications and setting of transformation goals by the Minister, among other things.</p> <p>“The intention is to make sure that South Africa’s higher education benefits the population in line with the National Development Plan objectives of the sector. The sector has to transform and ensure that inequality and poverty are addressed, and that the poor are well equipped to access opportunities,” Ms Phosa said.</p> <p>“Through the hearings, the Committee has gathered information for further scrutiny and consideration in their deliberations on the Bill. We are satisfied that some stakeholders acknowledged consultation with them by the Department on the Bill,” she said.</p> <p>The Department of Higher Education and Training will comment on the submissions, after which the Committee will deliberate on the areas raised during submissions.</p> <p>For media enquiries or interviews with the Chairperson, please contact:<br />Sibongile Maputi<br />Tel: 021 403 8041<br />Cell: 081 052 6060<br />E-mail: <a href="mailto:smaputi@parliament.gov.za">smaputi@parliament.gov.za</a></p> </div> <div class="field field--name-field-issued-by-source field--type-entity-reference field--label-inline clearfix"> <div class="field__label">Issued by</div> <div class="field__item"><div> <div class="field field--name-field-website-url field--type-link field--label-hidden field__item"><a href="https://www.parliament.gov.za/" target="_blank">Parliament of South Africa</a></div> </div> </div> </div> <div class="field field--name-field-gcis-speech-subjects field--type-entity-reference field--label-inline clearfix"> <div class="field__label">More on</div> <div class="field__items"> <div class="field__item"><a href="https://www.gov.za/taxonomy/term/657" hreflang="en">Legal issues</a></div> </div> </div> <div class="field field--name-field-body field--type-entity-reference field--label-inline clearfix"> <div class="field__label">More from</div> <div class="field__item"><a href="https://www.gov.za/taxonomy/term/1012" hreflang="en">Parliament of South Africa</a></div> </div> <div class="field field--name-field-gcis-speech-category field--type-entity-reference field--label-hidden field__item"><a href="https://www.gov.za/speech-categories/media-statements" hreflang="en">Media Statements</a></div> Fri, 19 Feb 2016 08:29:17 +0000 Vuyelwa 749118 at https://www.gov.za https://www.gov.za/speeches/committee-satisfied-inputs-hearings-higher-education-amendment-bill-19-feb-2016-0000#comments