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Cde Floyd,
I agree that the legilatures can repeal the acts that they had enacted, however in this case no other bills or acts are needed except the NYDAAct. The constitution is quiet on how acts are nullified, can't the NCOP take a political decision to nullify the acts that were assented by premiers.
Section 76 speaks of a bill process. Do we need a separate bill that repeals the provincial youth commissions acts? My little knowledge of law has put me in a pool of confusion. I suppose the individual repealing of the respective youth commission acts is a better and simple way to follow. Isn't it possible for the NCOP to give a deadline to provinces to repeal their youth commissions acts.
I must however, appreciate your eye opening engagement on this issue. We hope that the process will not be delayed by the section 76 legislation process.
Forward with NYDA!! Let the festival of ideas continue.....
Comrades
You are correct that the NYDA Act 54 of 2008 as it currently stands does not repeal the Provincial Youth Commissions. There are only two ways of repealing Provincial Acts, i.e. through the (Provincial) Legislatures that enacted these Acts or through a tedious Section 76 legislative process, which takes a longer period than we had envisaged. We wouldn't have enacted the NYDA Act before the end of 2008, had we chosen either of the two options of repealing the Provincial Acts. There was then a measured resolute political decision that we should pass the NYDA Act making provisions for the establishment of Provincial offices, yet not automatically repealing the Provincial Youth Commissions Acts. We then agreed that the first and fundamental task of the NYDA Board will be facilitation and overseeing of the repealing of the Provincial Youth Commissions Acts, either through amendment of the current NYDA Act 54 of 2008 into a Section 76 legislation or through individual repealing of respective Youth Commissions Acts. The board, which we will appoint before the end of March will fulfil this task before the next general elections. They might amend the NYDA Act or repeal respective legislations.
At Local level, the process is more complex, yet we are looking into retaining the Local Youth Units within government and establish autonomous NYDA operational and delivery centres in all communities deemed necessary. The relationship between Local Youth Units and NYDA Locals will then be defined and given clearer meaning, which will not be conflictual, but mutually re-inforcing. But the debate around the nature of the NYDA is useful, and we all should continue to reflect.
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