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PROVINCIAL AND LOCAL GOVERNMENT PORTFOLIO AND LOCAL GOVERNMENT AND ADMINISTRATION SELECT COMMITTEE: JOINT SITTING
9 November 2001
COMMISSION FOR THE PROMOTION AND PROTECTION OF THE RIGHTS OF CULTURAL, RELIGIOUS AND LINGUISTIC COMMUNITIES BILL: INFORMAL CONSIDERATION
Chairperson: Mr Y Carrim
Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Bill [B62-2001]
Proposed amendments to Commission for the Promotion of the Rights of Cultural, Religious and Linguistic Communities Bill [Stage 2]
Continuing with informal consideration of the Bill, the Committee perused the proposed amendments, checking on accuracy and also proposing further changes. The Committee did not engage in much discussion, accepting that they were still in the early stages of discussion on the Bill.
Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Bill
The Committee proceeded to check on the proposed amendments that the Department had been instructed to effect to the Bill.
New Clause 5: Powers and Functions of the Commission
The Chair referred to Clause 5(1)(h) and proposed that the phrase,” as set out in Section 31 of the Constitution” be deleted. He also proposed that the word,” handling” in Clause 5(1)(j) be replaced by the words, “ in dealing with”.
Mr Carrim further suggested that the word, ”liase” in Clause 5(2) be deleted.
The Committee agreed to the proposals.
New Clause 6: Assistance from other Constitutional institutions and Organs of State
The Chair suggested that Clause 6(3) be deleted.
The Committee agreed.
New Clause 7: Investigations by Commission or investigating committee
Mr Carrim asked if Clause 7(3) is needed.
Mr P Bouwer, legal adviser to the Department, stated that the clause was needed for accountability.
Old Clause 6: Qualifications for membership
The Committee agreed to revert to the original provisions in the Bill. The qualification provisions would stay the same but the clause would be placed elsewhere in the Bill.
Old Clause 7: Procedure for appointment of members
The Committee agreed to reject the provisions in the clause.
New Clause 11: Procedure for appointment of members
It was agreed that the initial Commission would comprise a maximum of seventeen members. The Chair was however confused by the provision in Clause 11(3), which provides that the numbers of subsequent commissions should be determined by multiplying the original number, seventeen, by one and half. It gives a total of 25 members. Mr Carrim suggested that it be expressly stated. The formula seems too technical.
Mr Bouwer stated that there is a technical problem associated with stating the numbers expressly. The formula allows the President to use his discretion in determining the number of members he wishes to appoint.
The Chair was unconvinced by the explanation given and suggested that the Committee deals with the provision at another time.
The Committee agreed.
New Clause 24: Convening
The Department suggested two possible options for the clause, as the issue of a national consultative conference was highly complex (see the attached document).
The Committee was undecided on what would be the best option and delayed discussing the issue until a later time.
The meeting was adjourned.
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