ACDP Parliamentary newsletter - 1 September 2003

Here is the latest news from Parliament:

1. Crack down on criminals, not law-abiding citizens
2. Moratorium should be placed on use of GM crops
3. Health officials should step down and be prosecuted
4. Outcry over reduction of age of sexual consent
5. ACDP supports environmental legislation

Indien u sou belangstel om in te teken op die ACDP se weeklikse Afrikaanse e-nuusbrief, skryf aan Johan Kriel by johankriel@acdp.org.za. Hierdeur sal u op die hoogte bly van 'n wye verskeidenheid sake wat die ACDP landswyd raak.

******************************************************

1. Crack down on criminals, not law-abiding citizens

Media Statement by Steve Swart

It is outrageous that firearm licences are, according to reports, being refused on an arbitrary basis, limiting the ability of law-abiding citizens to defend themselves and their families, says ACDP justice spokesperson Steve Swart.

Reports indicate that police have refused to issue firearm licences on the basis that 'women have husbands to protect them' or 'the police will protect them'.

"The unacceptably high rates of murder, rape and hijackings clearly show that police are unable to protect citizens. It is therefore necessary for citizens to be in a position where they are able to defend themselves and their families," Swart said.

"It is disturbing that according to a gun dealer in Johannesburg, some 68% of applications for firearm licences have been refused in the past three months.

"While we concede that there have been a number of cases brought against the police for providing licences to those who should not have qualified, it seems that the police are now involved in some kind of drive to take legal guns off the streets.

"The focus should be on apprehending criminals in possession of illegal firearms and not using precious police man-hours to disarm and disqualify law-abiding citizens," Swart said. "We are also concerned about the new system that requires a police officer to make a psychological and physical evaluation of an applicant's fitness to own a firearm. How does a police officer, who is not a trained psychologist, assess this? "The guidelines used by the police and Central Firearm Registry to assess an applicant's fitness to possess a firearm should be revealed to prevent discrimination against law-abiding citizens," Swart said.


For more information: Steve Swart MP at 083 285 6290
Media Liaison: Charmaine Horne at 084 370 3550 or 021 403 3307

******************************************************

2. Moratorium should be placed on use of GM crops

The following motion on genetically modified crops was moved by ACDP MP
(NCOP) Kent Durr in the National Council of Provinces:

Given the severe caution with which countries in the EU have treated the possible use of genetically-modified (GM) foods, and the many scientific question marks that go unanswered, the House calls upon the Minister of Agriculture to place a moratorium on the further use of GM crops and foods produced from GM raw materials.

The House notes that the EU is South Africa's most important market for agricultural produce and goods and we need to be very careful not to find our products fenced off from the EU market by regulations in the future: We need to be in step and not out of step with this market.

The House notes our limited research capacity and the fact that we are a mega diverse country with a host of botanical species and many botanical hot spots and we need to be very clear as to the possible knock-on effects of genetically modified plants on our eco-system.

The House notes also the fact that some of our neighbours, like Zambia have banned the use of GM grains.

The House calls upon the government to proceed with caution in this field of GM foods.

******************************************************

3. Health officials should step down and be prosecuted

Media statement by Cheryllyn Dudley

Disgraced Mpumalanga Health MEC Sibongile Manana and her head of department Rena Charles should step down immediately and face criminal charges for the shocking revelations of corruption and misadministration in the department, says ACDP spokesperson on health Cheryllyn Dudley.

After forensic audit reports revealed evidence of corruption, Manana was shuffled to the department of sports, recreation, arts and culture while Charles will trade jobs with the deputy director-general in the Premier's office.

"What these officials have done is criminal, and it is unacceptable that they remain in positions of responsibility within the government. Taking money from dying people and squandering it in all kinds of scams is disgraceful," Dudley said.

"The Premier should follow through with disciplinary action against those involved and not merely shuffle them to different positions. Manana and Charles should not be placed in positions of trust. The department of sports, recreation, arts and culture is key to development within Mpumalanga and Manana and Charles will carry this scandal with them," Dudley said.

Referring to the millions spent on soccer matches, plays and other events, Dudley said that the only effect the money had was to raise the profile of the MEC and her head of department, to the detriment of those desperate for funds for home care projects.

"Evidence of mismanagement and financial waste was already evident during our health portfolio committee visit to Mpumalanga last year. I was concerned by the misadministration of funds we saw in hospitals, where the department had ordered huge pieces of high-tech equipment, merely to use up their budget, and this equipment just stood around in empty hospitals, with no staff to use it," Dudley said.

"All those involved in this corruption need to be held accountable and we welcome the handing of the forensic audit reports to the Scorpions in order to prosecute those involved."


For more information: Cheryllyn Dudley MP at 082 890 6520
Media Liaison: Charmaine Horne at 084 370 3550 or 021 403 3307

******************************************************

4. Outcry over reduction of age of consent - ACDP MP Steve Swart

ACDP MP and spokesman on Justice matters has reacted to the Criminal Law (Sexual Offences) Bill discussed recently in the Justice Portfolio Committee.

Whilst much of the Bill is to be welcomed in an attempt to protect our women and children from sexual abuse by inter alia extending the definition of rape, the ACDP is extremely concerned regarding the reduction of the age of consent for sexual intercourse from the present 19 years (as contained in the present Sexual Offences Act) to 16 years for boys, and in certain circumstances of consensual sex, even to further reduce the age for consensual sexual relations for children (homosexual or heterosexual) to between 12 and 16 years.

Whilst not being oblivious to the fact that many children are sexually active, it is utterly outrageous that twelve to sixteen year olds, most of whom will not have reached puberty, should legally be able to give their consent to older persons who want to exploit them sexually. The age differentials contained in the draft legislation to allow for so-called "sexual experimentation" for children is unacceptable, and can result in a child 12 years and one day consenting to sexual relations with a child 15 years and 364 days. The older child will have enjoy complete defence to a statutory rape charge in circumstances where there is an almost 4 years age difference. With the three years differential it would be a defence where the older child was 18 years old and the victim 15 years.

Minors may not enter binding contracts without parental guidance. It is furthermore illegal to sell liquor or cigarettes to children under the age of 18, as these are deemed harmful to children's health. Surely this should be minimum age that children be allowed to consent to sex, particularly in view of the HIV/AIDS pandemic? Casual sexual relationships nowadays have having life-threatening consequences.

The ACDP furthermore rejects the reduction of the age of consent for sodomy (anal intercourse) from the present statutory age of 19 to 16, and even to 12, between "consenting" children. There is no doubt that boys need to be protected from homosexual acts during their formative years. The ACDP will recommend that the definition of rape be extended to include the rape of males, but that the age of consent for homosexual acts remain at 19.

The South African Law Commission conceded in its report (which formed the basis of the draft legislation) that the age limits were set "arbitrarily". The ACDP calls for a reconsideration of these arbitrary age limits as the implications for our children are 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 participate in homosexual and heterosexual sexual experimentation, with possible life-threatening consequences.

It is also significant that the Child Justice Bill recommends that the rebuttable presumption that a child cannot distinguish between right and wrong be maintained at 10 to 14 years of age. Thus certain pieces of legislation presume that a child over the age of twelve can consent to sexual relations, can have an abortion and be given contraceptives without parental consent, whilst the Child Justice Bill presumes that a child between the ages of 10 and 14 cannot tell the difference between right and wrong. The only inference that can be drawn is that the decision on moral issues, such as participating in sexual activities, whether heterosexual or homosexual, is not seen as deciding between right and wrong.

Submissions on the reduction of the age of consent, particularly for homosexual activities, as well as sexual experimentation for children, can be forwarded to the Portfolio Committee on Justice and Constitutional Development. Written submissions should be submitted by no later than September 15 2003, and the committee requests that 20 cpoies of submissions be made avialable if possible. Anyone who would like to give oral evidence before the committee with regard to their submission, should notify the committee by September 15.

All correspondence should be marked for the attention of Sipho Jonas and addressed to: The Scretary of Parliament PO Box 15 Cape Town 8000.

Copies of the Bill can be obtained from Mr Jonas.

******************************************************

5. ACDP supports environmental legislation

The following speech was given by ACDP MP (NCOP) Kent Durr in the National Council of Provinces on the National Environmental Amendment Bill and the Biodiversity Bill:

We in the ACDP welcome these Bills, as does the Western Cape Provincial Government.

South Africa is ranked third on earth for our numbers of plants and animal species much of the diversity from the Western Cape. We are mega diverse and thus have a special responsibility to effectively conserve and share what we have for and with the world and the succeeding generations.

NEMA is the 'mother' bill and the others should be seen to complement each other i.e. Biodiversity Bill, Air Pollution Bill; the Protected Areas Bill and the Coastal Management Bill.

The Bill before us is wonderful in its scope but one knows it is ambitious in the extreme and that we simply don't have the administrative reach at this time to fulfill many of its objectives; but we must start somewhere.

The Bill however allows us to conform to our national objectives on sustainable use and will allow us to meet our obligations in terms of multilateral environmental agreements that we have entered into.

There are a few things one can say in a short time.

1) We have a huge amount of knowledge on flora and fauna at Provincial level and we should not dissemble or duplicate that pool of knowledge in any National effort; however well intended.

2) We need to look at changing the constitution to also make conservation a local authority competency also. Conservation needs to be a bottom-up process, not top down, individuals, communities and regions need to own the process.

3) There appears to be no provision for "spot fines". One cannot always run to court, particularly not in South Africa.

Also I believe that for effective conservation one needs not only the stick but the carrot of incentives to conserve. The capacity and ability to incentivise often lies at local government levels i.e. a possible rates rebate for conservation areas.

4) We notice all organs of state must draw up plans to eradicate alien species. I wonder how practical or realistic that is: not to talk of unfunded mandates.

Make no mistake. I believe the government has done a magnificent job in alien eradication, but again it needs to incentivize the private sector, where the main problems lie.

5) I am not clear whether this legislation trumps other legislation. For example mining appears to me to be free from the provisions of these bills. It seems to me the department of mining can more or less do their own thing?

6) The real ability to protect and control lies with two things
a) people must want to conserve and understand why they need to, and why it is in their own interests and;
b) the ability to co-ordinate all the players concerned is vital i.e. the Department of Agriculture, water affairs, roads, mining etc.

Anyhow this is powerful legislation which makes provision for strengthening law enforcement, compliance monitoring mechanisms and criminal sanctions and remedies. It also streamlines administration and enforcement provisions.

Our Province remains concerned about Section 96, "appropriate" consultation remains of concern, as it is extremely vague. We should be looking at the concept of in-consultation instead.

The ACDP supports the legislation.

******************************************************

******************************************************

******************************************************

For a full listing of all the public mailing lists on lists.acdp.org.za, visit http://lists.acdp.org.za/mailman/listinfo. Click on a list name to get more information about the list, or to subscribe, unsubscribe, and change the preferences on your subscription.