WORKSHOP ON LABOUR LEGISLATION AND THE CHURCH

The Public Policy Liaison Unit conducted a workshop on recent labour legislation for SACC members on 19 August in Bonaero Park. The workshop highlighted provisions of the Labour Relations Act, the Basic Conditions of Employment Act, and the Employment Equity Act that are relevant to churches. Substantial time was allocated to a discussion of the legislation's definition of an "employee" and its applicability to clergy. Ms. Mbuli Sithole (Deputy Director: Equal Opportunities, Department of Labour) and Adv. Bongani Khumalo (Senior Commissioner, Gauteng Commission for Conciliation, Mediation and Arbitration) made presentations on this issue and took participants' questions. The Rev. Nelus Niemandt (NGK) and Mr. George Trimble (Methodist Church of SA) related what was being done within their respective denominations to respond to the new laws. Participants agreed to encourage their own denominations to consider and address the implications of the legislation and to share information and experiences with their counterparts in other denominations. The PPLU was asked to facilitate communication and to convene a follow-up workshop in 12 to 18 months.

Materials from the workshop are available here. Printed copies of the workshop report and supporting documents are being posted to all participants and to the chief administrative officers of SACC members that were unable to send delegates.

New Discussion Papers on HIV Testing, Sexual Offences, Community Dispute Resolution

The South African Law Commission recently released six new discussion papers. These are intended to stimulate public debate on important public policy issues prior to the tabling of legislation. The earlier that ideas and concerns can be brought to the attention of drafters, the greater the chance that they will be addressed in the final bill. Discussion papers therefore offer a valuable opportunity for public input. Each paper has a closing date for public comment and identifies a contact person, should more information be needed. New discussion papers include:

Aspects of the Law Relating to AIDS: Compulsory HIV Testing of Persons Arrested in Sexual Offence Cases (Discussion Paper 84)

Proposes changing the law to enable a victim of a sexual offense to obtain a court order compelling the HIV testing of a person arrested for that offence. Paper includes draft legislation.

Comment deadline: 15 October 1999.
Contact: Mrs. A-M Havenga.

Sexual Offences: The Substantive Law (Discussion Paper 85)

Proposes a new, comprehensive Sexual Offences Act that would, among other things, replace the narrow common law definition of rape with a broadly-defined gender-neutral offence based on "unlawful sexual penetration"; establish consistent tests for age and consent irrespective of the gender of the individuals involved; strengthen penalties for the abuse or molestation of children and mentally-impaired people; and prohibit commercial sexual exploitation of children. Subsequent papers will deal with adult commercial sex work and adult pornography.

Comment deadline: 29 October 1999.
Contact person: Pierre van Wyk.

Community Dispute Resolution Structures (Discussion Paper 87)

Recommends the drafting of legislation to recognise community dispute resolution forums as informal, flexible, and inexpensive mechanisms to settle disputes; calls for improved training and oversight of persons involved in community forums to ensure observance of the law; recommends that community forums not be set up in competition with functioning traditional courts.

Comment deadline: 31 October 1999.
Contact person: Ms. GMB Moloi .

Review of the Marriage Act (25 of 1961) (Discussion Paper 88)

Considers the need for amendments to the Marriage Act. Invites public comment on a number of questions, including an appropriate method of eliminating the restriction requiring religious marriages to be conducted according to "Christian, Jewish or Mohammedan rites or the rites of any Indian religion" without abandoning all regulation of the appointment of marriage officers. [Note that this paper does not address issues related to the recognition of same-sex relationships. This issue is included in the Law Commission's "Domestic Partnerships" investigation (Project 118).]

Comment deadline: 30 November 1999.
Contact person: Pierre van Wyk.

All of the discussion papers listed above are available free of charge from Mr. J Kabinbi of the SA Law Commission (Private Bag X668, Pretoria 0001; Tel.012-322-6440; Fax. 012-320-0936). Comments and correspondence should be addressed to The Secretary (at the same address).

The two other discussion papers released recently are Domestic Arbitration (Discussion Paper 83), which considers methods of introducing a broader range of arbitration mechanisms to relieve the burden on the judicial system, and Review of the Law of Insolvency (Discussion Paper 86). Closing date for comments on both papers is 29 October 1999.

The Commission has also recently released its report, dated November 1998, on Euthanasia and the Artificial Preservation of Life. This includes draft legislation. Finally, the Commission has published several documents to supplement its April 1998 Issue Paper (No. 13) on the Review of the Child Care Act. The new publications report on the workshops and focus group meetings held around the country. All of these documents may also be obtained from the Commission's offices.