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Motlanthe: Apartheid-era laws have no place in new SA

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 Former president Kgalema Motlanthe.  Picture: Lubabalo Ngcukana
Former president Kgalema Motlanthe. Picture: Lubabalo Ngcukana

There is no place in democratic South Africa for obsolete apartheid laws – especially the Riotous Assemblies Act under which the Economic Freedom Fighters leader, Julius Malema, was charged.

Former president Kgalema Motlanthe, who is chairing an advisory panel tasked with assessing key legislation that had been passed by Parliament since 1994, stated this unequivocally during the panel’s public hearings in Goodwood, Cape Town, yesterday. Motlanthe was speaking on the sidelines of the day-long hearings.

A few weeks ago, the ANC used its majority in Parliament to quash a motion from the EFF to repeal apartheid laws in light of the Riotous Assemblies Act under which the party’s leader Julius Malema was charged earlier this year. The motion failed with 179 against 86.

Motlanthe chose his words carefully in answer to a question on whether he thought it was wrong of the ANC to vote against the motion. He said that such a law had no place in a democratic South Africa, and belonged in the past.

Motlanthe said it was important to understand what the intention was when a law is created.

“The law was promulgated in 1956 to prevent people from meeting and debating and sharing their common experiences. I do not understand how this law still could still survive after 1994.”

He said after 1994 old laws were recalled and replaced by more democratic laws.

The 17-member panel, which includes experts from various sectors of the economy and academia, was tasked to look at laws that needed to be reviewed, amended or changed to drive the country’s development agenda. “This piece of legislation is an anachronism,” he said.

In reaction to the EFF’s motion, ANC caucus spokesperson, Moloto Mothapo, accused the party of opportunism.

He said the ANC had already recalled about 2000 laws since 1994, and the EFF should rather table a Private Members Bill to amend the relevant law.

On Monday, Motlanthe also expressed his concern over gaps in the legislative process.

He didn’t believe that laws reached all South Africans in a language they understood.

“The National Council of Provinces and the National Assembly have certain processes to ensure public participation in law, but it excludes most ordinary people,” he said.

Motlanthe said that public participation processes, in which the public delivers input on legislation processes, are usually limited to those who are well-informed, such as research institutions and roleplayers who have an interest in certain issues under discussion during the legislative process.

“Many people who do not have the benefit of the written word are excluded,” he said, adding that language is a big issue and perhaps there should be more support for community radio stations who could help with public awareness.

Motlanthe said land has been consistently raised in all the provinces they visited.

“It is regarded and interpreted as the basis for all concerns raised from poverty and inequality to community facilities such as sports fields and centres for early childhood development.

“Many people believe that until the land issue is solved equitably it will be difficult to solve problems such as inequality, and to create unity,” said Motlanthe.

“The land issue needs to be addressed proactively”, he added. “More undue delays will lead to public unrest.”

Motlanthe said the panel would raise these issues in its final recommendations.


Alicestine October
Parliamentary journalist
Media24 Parliamentary Bureau
City Press
p:+27 11 713 9001
w:www.citypress.co.za  e: alicestine.october@24.com
      


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