ACDP Parliamentary newsletter - 16 September 2003
In this issue:
1. Age of sexual consent should be raised to 18
2. Government to blame for horrific attacks on toddlers
3. ACDP votes against Education Laws Amendment Bill
4. ACDP supports National Ports Authority Bill
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1. Age of sexual consent should be raised to 18
Media Statement by Steve Swart
16 September 2003
A proposal that the age of sexual consent should be 18 years was welcomed by ACDP spokesperson on justice Steve Swart during hearings on the Criminal Law (Sexual Offences) Bill in the Justice Portfolio Committee on Tuesday.
The Committee is currently hearing submissions on the Bill, which proposes lowering the age of consent for sexual experimentation to between 12 and 16 years and lowering the age of consent for homosexual relations from 19 to 16 years.
Following a submission by the Children's Rights Project from the University of the Western Cape, spokesperson Jaqui Gallinetti recommended that the age of consent for sexual relations should be raised to 18. She argued that this would be in line with provisions in the Constitution and international conventions defining a person below the age of 18 as a child. This is also in line with the definition of a child in the Criminal Law (Sexual Offences) Bill.
"The ACDP agrees with this view which would lead to legal certainty in our various provisions, as a child under 18 would be treated consistently by the legal system. The age of sexual consent should be the same as the legal age at which a person is able to purchase liquor, sign contracts or get married," Mr Swart said.
"A higher age limit would be logical in view of the dire consequences of sexual experimentation, particularly with the life-threatening effects of the HIV/Aids pandemic."
Mr Swart added that this viewpoint was confirmed by a submission by Doctors For Life International.
"Doctors for Life gave solid evidence of how teenagers do not always make choices on a rational basis, as their cognitive development is not sufficient to enable them to understand the likely negative consequences of their actions
"This is particularly true for teenagers faced with an emotional, hormonally charged decision regarding sexual choices," Mr Swart said.
"We welcome their conclusion based on medical, sociological and psychological research that the age of consent for homosexual activities should not be reduced from 19 to 16, nor should sexual experimentation between the ages of 12 and 16 be allowed."
Mr Swart rejected calls by the South African Sex Offenders Programme
(SAYStOP) for the age of consent to be reduced to 12.
"The consequences of this would be inestimable. Teenage years are fraught with emotional conflict as the transition from child to adult is made and our children need to be protected and guided, rather than encouraged to experiment sexually, with possible life-threatening consequences," Mr Swart said.
For more information: Steve Swart MP at 083 285 6290
Media Liaison: Charmaine Horne at 084 370 3550 or 021 403 3307
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2. Government to blame for horrific attacks on toddlers
Despite assurances by the Western Cape government that crime has decreased drastically, the horrific and violent deaths of three toddlers in Cape Town over the weekend indicate that South Africa is far from winning the war against crime.
A baby in Bishop Lavis was stabbed in the head and chest by its mother minutes after being born, a three-year old died on Sunday afternoon in her home after being battered and raped, while a four-year old was shot as she lay sleeping in her shack in Crossroads.
Those who live in these communities know that these kinds of incidents are a regular occurrence and violence has become part of daily life for some. Reports of child rape have become so common that they no longer shock.
Our young children are no longer safe in our communities, schools and even more frightening, as was the case with the toddler who was raped, they are not safe in our own homes.
More and more cases of child rapes are being reported, with an estimated 60 children being raped every day. The brutal rape and killing of innocent children is abhorrent, and completely unacceptable, and it has most certainly brought shame upon our nation.
The ACDP believes that the levels of violent crime in our country are a direct consequence of government policy that breaks down the basic building block of society - family values. For as long as government continues to support legislation promoting the decay of morals and respect and usurping parental responsibility, people will continue to abandon respect for law and order each other.
Since 1996 when the 1996 Films and Publications Act was passed allowing the sale of pornography, police records show that child rape has increased by over 400%. The government is now trying to lower the age of sexual consent to between 12 and 16, a move that the ACDP believes will exacerbate rape.
Government repeatedly appeals to churches with regard to the moral regeneration of our people, but consistently undermines their efforts through both destructive legislation and policies, and lack of enforcement of laws.
The ACDP calls on the government to stop their dangerous actions that expose our children to abuse and violence and stop promoting laws that undermine what is best for the country. It is time that government takes it's responsibility of protecting its citizens seriously.
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3. ACDP votes against Education Laws Amendment Bill
Speech by African Christian Democratic Party MP Cheryllyn Dudley
16 September 2003
This Bill continues the trend set in previous Education Laws Amendment Bills of reducing the relevance of School Governing Bodies in terms of their ability to represent parents, teachers and learners when it comes to issues of governance.
An amendment proposed by the ACDP, would have adequately addressed concerns that a lack of transparency in the granting of benefits to teachers by SGB' s, results in hidden costs for parents. This amendment which was ultimately dismissed, increased transparency between SGB's and the department and made provision for parents to be well informed and able to influence such decisions, without restricting the decision making powers of SGB's which after all represent parents, teachers and learners.
According to the bill as it stands now, the department has sole discretion as to whether or not state paid teachers may receive extra benefits or
remuneration paid by parent bodies. Instead of encouraging South Africans
to embark on teaching careers and retaining much needed teaching skills, this bill will further exacerbate serious shortages of specialised and experienced teachers in public schools, and have a detrimental effect on education.
Only newly qualified teachers with little or no experience will be able to afford to teach in public schools, and even then the number of trainee teachers has dropping steadily. Lack of incentives and career prospects will further discourage young South Africans from embarking on teaching careers and encourage teachers to move into other more lucrative professions.
The need to improve education standards in many schools is of grave important but will not be achieved by shifting focus from what has not been accomplished to diminishing what has been accomplished in order to level the playing fields. It is never helpful to cut off your nose to spite your face.
The ruling party and the department are of the opinion that because the state pays teachers, these teachers "belong to them". Teachers are of course paid with taxpayers money and the state is only an administrator of the funds. Parents should have the final say in how their money is spent on their children.
While the ACDP is uncompromising in its support for accountability and transparency, we are concerned that the government is making decisions that should not be theirs to make and will therefore vote against this bill.
For more information: Cheryllyn Dudley MP at 082 890 6520
Media Liaison: Charmaine Horne at 084 370 3550 or 021 403 3307 National Media Director: Rev. Selby Khumalo at 082 476 4990
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4. ACDP supports National Ports Authority Bill
Speech by African Christian Democratic Party MP Cheryllyn Dudley
16 September 2003
The ACDP supports this legislation, which allows the Port Authority to become the landowner of the Port. This in turn allows for the franchising of port facilities and opens the door for full-blown commercialisation and privatisation.
This is a positive move, with the promise of a more efficient and effective port. Necessary safeguards however, must ensure that we do not simply move from a state monopoly to a private monopoly. As our market is not strong enough, it is essential that the Port becomes a strong "all user" facility so as not to reduce competition and risk shutting out shipping lines. Any practice, which discourages shipping lines, would be to the detriment of the
Port and South Africa as a whole. (The difference between London and Cape
Town for example is that London has nine Port Authorities, while Cape Town has one).
Any move toward privatisation and commercialisation will of course bring with it concerns that workers rights will be prejudiced. This perception however is unfortunate as efficient, effective ports will improve and generate new business, creating more opportunities for workers in general. Congested, inefficient Ports strike at the heart of the economy and therefore negatively impact workers.
From the Bill it appears that two of the most important bodies were not consulted in this process, Associated Shipping Lines and SA Association of Freight Forwarders. Hon Minister, if this is so why was this the case?
Finally the ACDP notes with concern that this bill follows the present trend of hybrid legislation. Empowerment issues should be dealt with in empowerment legislation and not unnecessarily adorn all other legislation.
The ACDP will vote in favour of this Bill.
For more information: Cheryllyn Dudley MP at 082 890 6520
Media Liaison: Charmaine Horne at 084 370 3550 or 021 403 3307 National Media Director: Rev. Selby Khumalo at 082 476 4990
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