ACDP Parliamentary newsletter - 2 September 2003

Here is the latest news from Parliament:

1. Marriage is exclusive to heterosexual couples
2. Electoral Amendment Bill must be fast tracked
3. Retain closed days for liquor sales
4. SA must get behind Sudan peace process
5. Land with no value
6. South Africans want death penalty to return

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1. Marriage is exclusive to heterosexual couples

Media Statement by Revered Kenneth Meshoe

The ACDP has noted with great disappointment the SA Law Reform Commission's proposal that same-sex marriages should be legalised.

"The ACDP would object to this kind of move as it is against God's plan and purpose for marriage," said ACDP leader Reverend Kenneth Meshoe.

"Marriage is not man's idea, but was instituted by God to be a committed and loving relationships between one man and one women, joined as husband and wife for the purposes of a partnership in the home and procreation.

"As procreation is not possible between two men and two women, same-sex marriages do not qualify to be termed a marriage, and should never be legalised by any government that understands its God-given roles," Rev Meshoe said.

Rev Meshoe said that both SA Law Reform Commission and the South African government would be misleading the world if they claimed that the South African public had endorsed the legalisation of same-sex marriages.

"There is not even a percentage of Africans who would support such a move, that will further disintegrate families. Those who come out in loud support of such a proposal are usually organisations and religious bodies strategically placed by the government and homosexual organisations," Rev Meshoe said.

Rev Meshoe emphasised that while the ACDP loves all homosexuals, it did not condone their lifestyles.

"We maintain that homosexuality is an abomination, a weakness that can be corrected and remedied. We therefore appeal to the government not to destroy the future of our children who need to be raised in normal families.

"Many in government, particularly in the ANC, are hoping to have grandchildren one day and homosexual relationships will deny them such children," Rev Meshoe said.

"We call upon those bent on undermining God's law, African culture and common sense to rethink this move that will undermine the government's moral regeneration programme.

"Those who remind us about countries such as Netherlands Belgium Sweden and Denmark that recognise same-sex partnership, should be reminded that we are in Africa, and Africans resent and object the attempts to impose European morals upon us.

"It would be immoral to heed the SA Law Commission's proposal that a clause be inserted into the Marriage Act to include same-sex marriages. There can be no same-sex marriage - marriage is only between one man and one women in a loving committed relationship," Rev Meshoe said.


For more information: Rev. Kenneth Meshoe MP at 082 962 5884 Presidential Media Relations: Rev. Selby Khumalo at 082 476 4990 Media Liaison: Charmaine Horne at 084 370 3550 or 021 403 3307

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2. Electoral Amendment Bill must be fast tracked

Media Statement by Steve Swart

The delays in the tabling of the Electoral Amendment Bill are a cause for great concern and will result in severe pressure to finalise the Bill by the end of September, says ACDP spokesperson on home affairs Steve Swart.

"The delays in finalising the Bill put the Home Affairs Portfolio Committee under great pressure and will have a knock-on effect on the Independent Electoral Commission's ability to prepare for next year's election," Swart said.

"The fact that there was uncertainty as to whether the Bill had been properly tabled in Parliament in terms of Parliamentary Rule 159 further aggravates this situation.

"This clearly urgent and critical Electoral Amendment Act must be fast-tracked by Parliament and it appears that Parliament may have to reconvene after September to finalise this Bill," Swart said.

Regarding the contents of the Bill, Swart said that it was regrettable that certain prisoners would again be given the right to vote, whilst no provision has been made for the hundreds of thousands of South African citizens overseas to vote.

"The ACDP is taking legal advice in this regard, as it is unacceptable that awaiting-trial prisoners will be permitted to vote while law-abiding citizens, who find themselves overseas for a variety of reasons, are disqualified from voting," 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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3. Retain closed days for liquor sales

The following speech was given by ACDP MP Steve Swart during the debate on the Liquor Bill in Parliament:

Madame Speaker, this Bill seeks inter alia to meet the Constitutional Court' s finding on the previous draft liquor Bill that national legislation may only govern the manufacturing and distribution of liquor, but that the retail sector was the sole jurisdiction of the provinces.

This bill aims further to regulate the manufacture and distribution of liquor. Whilst the bill allows for cross-ownership between manufacturers, distributors and retailers, applicants for licences will have to meet certain criteria set by the Minister.

The ACDP welcomes the fact that the criteria include commitments to combat alcohol abuse that is so rampant in our society and is a major contributing factor to the high levels of crime, and domestic instability. Whilst the ACDP appreciates that the licensing and control of shebeens falls within the provincial domain, nevertheless the estimated 200 000 unregulated shebeens are a cause of great concern.

In terms of existing legislation that provides for a three-tier system, manufacturers are allowed to manufacture, distribute and sell liquor wholesale. This Bill requires manufacturers to apply for separate registration if they want to import liquor. The need to secure separate approval for importation provides the minister with scope for reducing some of the market power of major players, and provides scope for introducing black empowerment opportunities within the industry.

The objects of this bill are set out in section 2, namely
(a) To reduce the socio-economic and other costs of alcohol abuse by-
(i) Setting essential national norms and standards in the liquor industry;
(ii) Regulating the manufacture and wholesale distribution of liquor;
(iii) Setting essential national norms and standards or the regulation of the retail and micro-manufacture of liquor;
(iv) Providing for public participation in the consideration of applications for registration; and
(b) To promote the development of a responsible and sustainable liquor industry in a manner that facilitates -
(i) The entry of new participants into the industry;
(ii) Diversity of ownership in the industry; and
(iii) An ethos of social responsibility in the industry.

These objects, particularly those pertaining to prevent alcohol abuse and the accompanying socio-economic and other costs are to be welcomed and supported.

Whilst I fully appreciate that the retail sector is the sole jurisdiction of provinces, I would implore provinces, and NCOP delegates, to ensure that provincial legislation retains the "closed days", namely Christmas Day, Good Friday, and Sundays for the sale of liquor by retailers such as corner cafes, supermarkets and seven elevens. In the Constitutional Court case of Lawrence and others versus the Minister of Trade and Industry the Constitutional Court upheld the then applicable Liquor Act that prohibited such stores from selling liquor on Sundays, Good Friday and Christmas Day.

In the case, the then Attorney General lodged affidavits in which it was stated that there is a relationship between the consumption of alcohol and violent crime, and that if restrictions on the times at which and the types of liquor which could be sold by supermarkets were removed there would be an increase in the consumption of liquor to the prejudice of the community.

The Constitutional Court stated the following in its judgement : "Liquor is a potentially harmful substance. It is part of the normal environment in which the liquor trade is conducted in South Africa, and other countries, for selling to be regulated by licences which control not only the right to sell liquor but also where, when and what liquor may be sold."

The Court went on to state: "The excessive consumption of liquor is universally regarded as a social evil. It is linked to crime, disturbance of the public order, impairment of road safety, damage to health, and has other deleterious social and economic consequences. These are legislative facts of which this Court can take judicial cognisance. "

The correctness of the proposition that an increase in selling hours does not lead to an increase in consumption or an increase in alcohol related problems was disputed, Marcelle Christian, an expert on whom the Minister of Trade and Industry relied in the court case, who stated :

"To this day accumulated research has continued to show that:
- Alcohol-related problems are highly correlated with per capita consumption. This appears to hold over time and in different counties [sic].
- Decreases in per capita consumption produce reductions in alcohol-related problems regardless of whether this was from control measures or not.

She states further that:
"A large body of recent research studies (30+) has found that relaxation of controls over availability such as expansion of the type and number of outlets; extended days and hours of operation and lower age restrictions, tends to be positively related to levels of alcohol consumption and indices of alcohol-related problems, not only among moderate drinkers, but also amongst so called heavy drinkers." (Emphasis omitted)

In view of this finding of the Constitutional court, as well as in view of the stated objective of this Bill to reduce the socio-economic and other costs of alcohol abuse, the ACDP strongly recommends that the "closed days" be included in the provincial legislation that will regulate the retail sector.

I thank you.


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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4. SA must get behind Sudan peace process

The following motion was proposed by ACDP MP (NCOP) Kent Durr in Parliament:

The House notes that the current round of talks by the Sudanese parties, sponsored by IGAD (Intergovernmental Authority on Development) calls upon the warring parties to make some hard choices in the coming weeks. If this, the best chance of peace in 20 years is missed, the war in the Sudan which has already cost over a million lives, may become more deadly and destructive than ever.

It is crucial not only for the participants from the region, but also for the mediating countries and the official observers (US, UK, Norway, Italy, the African Union and the UN) to get fully behind the process.

Currently there are disturbing signs of a breakdown between the main parties concerned i.e. the government and the SPLM. They need to show greater flexibility. If they allow complete breakdown it may be very difficult to put a peace process back on track in the Sudan. Both the government of the Sudan and the SPLM need to know that a price will have to be paid by any side deliberately wrecking the talks.

The House calls upon the South African government and the Foreign Minister, to also get behind the process and to use our influence to keep the process and the parties talking and on track in the Sudan; towards a genuine, acceptable, practical, sustainable and peaceful transition to becoming a nation at peace with itself and the world.

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5. Land with no value

ACDP MP Cheryllyn Dudley gave the following statement in Parliament:

Whatever the intention, one thing is for sure: in destroying the value of land agriculture is destroyed and food security becomes a distant dream.

Pending legislation giving the Minister powers to expropriate land as she likes, without a court order, puts Government squarely on track to ensuring that previously disadvantaged South Africans become the proud owners of land with no value. New and old farmers will now have liabilities instead of assets, with disastrous consequences for all.

We have only to look at Zimbabwe, Angola and Mozambique to see the results of this sort of folly. The power to take all the land government wanted did not lead to prosperity or productivity, but instead you can't even give away the land now. When land has no value, no one can produce, there is no interest and ultimately no food.

High land prices are Governments excuse for legislation to expropriate land yet land prices in South Africa are amongst the lowest in the world, thanks to the eroding power of unwise political statements such as these. Without good land prices, farmers have no collateral to access finance for production, and there is no incentive for property owners to invest in agriculture.

Perceived property rights are the reason for the agricultural stability in South Africa up till now but unwise Government action and statements are eroding the value of land and private property sabotaging the wealth of the nation.

The ACDP supports the department of land affairs in its endeavours to find fair and reasonable solutions to issues surrounding land restitution and agrees that the cooperation of farmers is essential to land reform.

Land restitution however is a sensitive issue that requires a change of attitudes across the spectrum. It is therefore not helpful to single out one specific sector to pay for apartheid injustices.

Vital to the issue is not simply acquisition and availability of land, but how the land is used. South Africa is one of seven net food exporters in the world in spite of shallow soil and low rainfall, due to the tremendous skills accumulated, agriculturally and industrially. This major source of foreign exchange is an asset, which should be valued and protected.

It is counterproductive to target farmers with accusations of not cooperating and threatening to take their land. Instead, creating opportunities and support for emerging farmers, while also valuing efforts of existing commercial farmers, will ensure wealth creation and not a poverty trap for all.

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

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6. South Africans want death penalty to return

ACDP MP (NCOP) Kent Durr gave the following speech on the Judicial Officers (Amendment of Condition of Services) Bill:

Why is it that in this country the government consistently drives the values of an alternative counterfeit religion, namely secular humanism? The government never asked the people of South Africa for such a mandate. If ever they did, it would be rejected. Secular humanism has been accorded the status of a religion by Federal Courts in the United States.

This Bill again, as with previous legislation, finesses in such secular humanist ideas that vindicate promiscuity.

We understand that some of this flows from the shameful ruling of the constitutional court on the 17th of March this year, which decided that after the words "spouse", the following words are to be read "or a partner in a permanent same-sex life partnership in which the parties have undertaken reciprocal duties of support."

That decision strikes at the very heart of family values in South Africa.

Now also we find heterosexual people included who choose not to marry but to live together, who will in future, also enjoy full pension rights as if they have been married. Again this clause is corrosive of the family unit which should be the building block of a healthy society.

How on earth the government will implement these provisions, I know not. The potential for defrauding the state is colossal! What are the tests and discretions that are going to be used and applied to prevent fraud? How is the state going to defend the rights of the taxpayer?

In the middle of a crisis pandemic of sexually transmitted diseases which threatens the very life of the nation, the government sets off to import values into our legislation which are foreign and harmful to the health of the nation.

If you subvert the family you subvert the country. If one threatens the family unit you break up the foundations upon which stable societies are built.

While the ACDP believes in tolerance and freedom of religion, we are opposed to these new secular humanist departures that fly in the face of the worldview we hold and which we believe we share, in this instance, with many other mainstream faiths also!

This is another example of secular humanist advance by stealth, in this country.

The government says it listens to the people. Recently we hear of the imbizos. But there is a cry of anguish coming from the people. They are tired of gambling, promiscuity, pornography, crime, violence and assaults against families and against their lives and property.

South Africans wish to see a return to the death penalty as an option for murder and rape also.

They want the government to listen to their cry.

The people will have the opportunity to speak at election time.

We in the ACDP thus accordingly oppose the legislation.

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