National Assembly adopts Traditional Leadership and Governance Framework Amendment Bill and Carbon Tax Bill

19 February 2019

Traditional Leadership and Governance Framework Amendment Bill

The Traditional Leadership and Governance Framework Amendment Bill seeks to provide for the establishment of a kingship or queenship council in respect of a kingship or queenship that has been confirmed by the Commission on Traditional Leadership Disputes and Claims in accordance with the principle Act prior to its amendment in 2009. One of the main purposes of the provisions is to deal with the proven history of existence of a community from a particular point in time up to the present (i.e. recognition of Khoi-San community and branch) and to provide legal certainty.

The Bill further requires that such reconstitution had to be done within one year from the commencement of the Act and if timeframes are not met, the Minister may after the timeframes have lapsed and in consultation with relevant Premier ensure that tribal authority or traditional council, including Khoi- San Council, is constituted or reconstituted in accordance with the said provisions. These adopted amendments provide for solutions and clarity regarding the status of traditional councils and rural democracy. It not only relates to leadership issues but also the power relations, and the impact which national laws and policies have in changing the balance of power between women and men, enhancing equality. It further influences the way leadership connects with mineral rights and the land issues.

Carbon Tax Bill

The Carbon Tax Bill, as introduced by the Finance Minister in November 2018, gives effect to the polluter pays principle and aims to price greenhouse gas emissions by obliging the polluter to internalise the external costs of emitting carbon, and contribute towards addressing the harm caused by such pollution. This Bill forms part of the measures government is implementing to enable South Africa to meet its Nationally-Determined Contribution (NDC) commitments in terms of the 2015 Paris Agreement, and to reduce our greenhouse gas emissions in line with the National Climate Change Response Policy and National Development Plan.

Legislative proposal to amend the National Minimum Wage Act (Act 9 of 2018)

The National Assembly also adopted a legislative proposal tabled by the Portfolio Committee on Labour to effect a technical amendment relating to the cross-referencing in Section 17, Sub-Section 4.6 of the Act. The discrepancy in cross-referencing in this section was picked up during the implementation of the Act after it was signed into law by the President. This however does not affect the implementation of the National Minimum Wage of R20 per hour/ R3 500 per month as a wage floor and employers are obliged to comply with it.

Issued by the Office of the ANC Chief Whip, comrade Jackson Mthembu.


Nonceba Mhlauli