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Portfolio Committee on Police, 28 September 2022. Download a summary and report here.

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SUMMARY

Amends the;

  • Trust Property Control Act, 1988 to prevent the misuse of trusts for money laundering or terrorist financing, ensure that there is adequate, accurate and timely information on trusts, including information on the trustee and beneficiaries, that can be obtained or accessed in a timely fashion by the authorities, and address the deficiencies relating to trustees being required to obtain full information on beneficial ownership when they are creating trusts;
  • the Nonprofit Organisations Act, 1997, to ensure that nonprofit organisations are not misused by terrorist organisations, or vulnerable to terrorist financing abuse;
  • the Financial Intelligence Centre Act, 2001, to effect certain amendments to the objectives and powers of the Financial Intelligence Centre; customer due diligence requirements; to amend provisions relating to a “beneficial owner”;
    • to amend provisions and Schedules relating to “politically exposed persons”;
    • to amend provisions relating to the risk management and compliance programme and targeted financial sanctions;
    • and amend provisions providing for the amendment of Schedule 2 to the Act and the Schedules.
  • the Companies Act, 2008, to require that there is adequate, accurate and up-to-date information on the beneficial ownership and control of legal persons that can be obtained or accessed rapidly and efficiently by the authorities, through a register of beneficial ownership; and
  • the Financial Sector Regulation Act, 2017, to enable the financial sector regulators to issue standards and directives in relation to beneficial owners of financial institutions.

STATEMENTS FROM OTHER ORGANISATIONS

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Cape Independence Advocacy Group

Dear Speaker,

I am writing to you on behalf of the Cape Independence Advocacy Group (CIAG) and the seventy thousand South Africans who actively follow our work.

We wish to comment on the ‘Electoral Commissions Amendment Act, 2021’, which is proposed by the Democratic Alliance (DA) and was published in the Government Gazette on 21 June 2021.

Given our mandate, our comments are made in the context of the Western Cape, although we appreciate and respect that the constitutional rights enacted through this bill will rightfully apply to all provinces.

This bill is essential to restoring some degree of functional democracy to the voters of the Western Cape and we therefore unreservedly and wholeheartedly endorse it.

Through their voting behaviour, Western Cape voters have made it abundantly clear that they do not endorse many of the policy and ideological positions of the South African national government, but are left utterly powerless to resist them because the voters in other South African provinces, who greatly outnumber them, hold starkly different ideological and political opinions.

In terms of seeing their democratic will enacted, for the majority of Western Cape voters, the democratic era has not offered much of an improvement over the apartheid era. It is a statistical fact that, since 1994, the majority of Western Cape voters have never been governed by the political party they voted for, and they have no foreseeable prospect of ever being governed by the party they vote for. As such, they cannot be said to have functional democracy.

One of the few glimmers of democratic hope Western Cape voters do have, is the provision of Clause 127(2)(f) of the national constitution, and 37(2)(f) of the Western Cape constitution, which allows them, at the discretion of the premier who they elected, to have their voices heard on matters which are important to them, without being drowned out by a national majority who fundamentally hold different views.

To deny Western Cape voters this constitutional right would be a very serious infringement of their political rights and freedoms, and would be a clear indication that parliament and the national government are not interested in the constitutional rights and democratic wishes of Western Cape voters.

We therefore call upon parliament to pass this bill at the earliest opportunity, and without objection.

Yours Faithfully

Phil Craig
(On behalf of the Cape Independence Advocacy Group)