NCOP passes the Division of Revenue Bill 2021

The National Council of Provinces (NCOP) passed the Division of Revenue Bill 2021. The Bill provides for the equitable division of revenue raised nationally among the national, provincial and local spheres of government for the 2021/2022 financial year. I

persons over 60 years of age who, for example, receive community-based care and support services. It will also increase the periods for which a sex offender’s particulars must remain on the NRSO before they can be removed from the register. The Bill further proposes to expand the ambit of the crime of incest, and introduces a new offence of sexual intimidation.

The purpose of the Domestic Violence Amendment Bill is to amend the Domestic Violence Act 116 of 1998 to further provide for how acts of domestic violence and related matters must be dealt with by certain functionaries, persons and government departments. It will also regulate obtaining of protection orders in response to acts of domestic violence.

The Criminal and Related Matters Amendment Bill aims to amend four Acts, namely the Magistrates’ Courts Act 32 of 1944, the Criminal Procedure Act 51 of 1977, the Criminal Law Amendment Act 85 of 1997 and the Superior Courts Act 7 of 2013. The Bill’s purpose is to amend the Magistrates’ Courts Act to provide for the appointment of intermediaries and the giving of evidence through intermediaries in proceedings other than criminal proceedings. It will also amend the Criminal Procedure Act to further regulate the granting and cancellation of bail and the right of a complainant in a domestic-related offence to participate in parole proceedings. In addition, it will amend the Criminal Law Amendment Act to further regulate sentences in respect of offences that have been committed against vulnerable persons. It will also amend the Superior Courts Act to provide for the appointment of intermediaries and the giving of evidence through intermediaries in proceedings other than criminal proceedings.

The Bills will now be sent to the NCOP for concurrence.

At the same sitting, the NA approved the recommendation of the names of Ms Philile Ntuli and Ms Fatima Chohan for appointment as fulltime commissioners of the South African Human Rights Commission for a period of seven years. Ms Chohan will serve as the Deputy Chairperson of the Commission.

The posts of the two commissioners became vacant following the death of the former Deputy Chairperson of the Commission and the expiry of the term of one of the commissioners.

Section 193(4) of the Constitution provides that the President, on the recommendation of the National Assembly, must appoint the members of the South African Human Rights Commission.

The names of the two commissioners will now be sent to the President for appointment.

Section 214 (1) of the Constitution requires that every year a Division of Revenue Act should determine the equitable division of nationallyraised revenue between the national, provincial and local government. The Minister of Finance, Mr Tito Mboweni, tabled the 2021 national Budget, including the Division of Revenue Bill, in the National Assembly on 24

February 2021.

One key objective of the 2021 Medium Term Expenditure Framework (MTEF) period is to narrow the budget deficit and stabilise the debt-togross domestic product ratio, primarily by controlling noninterest expenditure growth. Another important objective is to provide continued support to the economy and public health services in the short term, without adding to longterm spending pressures. A further goal is to improve the composition of spending, by reducing growth in compensation while protecting capital investments.

The Select Committee on Appropriations’ report to the NCOP states that the committee agreed to the Bill without amendments. However, the committee made a number of recommendations on the Bill to the Minister of Finance, the National Treasury and to the Minister of Cooperative Governance and Traditional Affairs.

These executive authorities are required to send Parliament their responses to the recommendations within 60 days. The Bill was passed by the National Assembly on 18 March 2021 and will now be referred to the President for consent.