Greyling legislative proposal to regulate private funding of political parties, Pretorius legislative proposal to amend the Land and Agricultural Development Bank Act: Deliberations

Private Members' Legislative Proposals and Special Petitions

26 October 2010
Chairperson: Mr S Thobejane (ANC)
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Meeting Summary

The Chairperson noted that a special petition had been received from Mr A Munasur, in relation to the Government Employees Pension Fund, and input would be sought from National Treasury and the Department of Labour. The Committee would hear the petition on 24 November.

The Greyling proposal to regulate private funding of political parties could not be heard, as input was still required from the Standing Committee on Finance. Members discussed whether input was needed from other Committees, including the Ethics Committee, but would discuss this further when it next considered the substance of the matter. The Committee could not proceed further with the Pretorius Proposal to amend the Land and Agricultural Development Bank Act, No 15 of 2002, as no response was yet available from the Portfolio Committee on Justice and Constitutional Development.

The Committee discussed its Recommendation Report on Dudley’s legislative proposal to amend the Choice on Termination of Pregnancy legislation, noting the Committee’s view that the legislative proposal was not feasible and should not proceed. The Committee Report outlined, in some detail, the process that the Committee had followed to arrive at a deliberation, and the reasons why it had come to the conclusion. This was done deliberately to clarify the issues.

The Committee then adopted, with some technical amendments, the Minutes of 20 October 2010. The Committee also reviewed and adopted its Third Term Quarterly Report, and the Revised Fourth Term Committee Programme, noting objections from the DA regarding the change of venue from Parliament to the Townhouse Hotel, for the workshop.


Meeting report

Chairperson’s opening remarks
The Chairperson noted that because the Committee continued to struggle to get a quorum there was likely to be a drastic change in membership.

He noted that a delegation from Vietnam, whose work was closely aligned to this Committee’s work, was visiting South Africa, and it was hoped that a workshop could be arranged to discuss their work, particularly how they worked to develop a Bill.

The Chairperson noted that a special petition had been received from Mr A Munasur with regard to the Government Employees Pension Fund. The State Law Advisor would be requested to give an opinion on the matter. A letter acknowledging receipt had been sent to Mr Munasur. National Treasury and the Department of Labour would be asked to comment.

Greyling proposal to regulate private funding of political parties
The Chairperson reported that the Committee had not yet received input from the Standing Committee on Finance, as was required by the Rules. The Chairperson and Hon B Fihla (ANC) had met informally with the Whip of Committees, where they raised the Committee’s concerns about the delays in dealing with requests. Similar problems had arisen in regard to the proposals by Hon Pretorius and Hon Davidson.

Mr P Pretorius (DA) sought clarity on whether the Chairperson was referring to the Standing Committee on Finance.

The Chairperson responded that he was. However, the Committee would also engage with the Committee on Ethics who was to look at the matter of private funding of political parties.

Mr Pretorius was not sure that the referral to the Standing Committee on Finance was correct. He wondered if one of the governance committees, such as the Rules Committee, would not be more appropriate.

Mr Greyling thought that perhaps the matters should be referred to the Portfolio Committee on Home Affairs, to whom the Independent Electoral Commission (IEC) reported.

Mr Pretorius said the next step would be to report to the House, which must refer the matter to the relevant portfolio committee.

Ms J Sosibo (ANC) suggested postponing the issue until a response was received from the Standing Committee on Finance.

The Chairperson said that letters would also be sent to the Portfolio Committee on Home Affairs and the Rules Committee. He said that the words ‘relevant committee’ needed to be augmented.

Mr Greyling said his initial route was to try to get the House to set up an ad hoc committee, since this did not fall squarely within one committee, and he would prefer that a multi-party committee look into that piece of legislation.

The Chairperson said that would also be considered when this Committee arrived at a determination.

Pretorius Proposal to amend the Land and Agricultural Development Bank Act, No 15 of 2002
The Chairperson noted that Committee was not able to proceed, as a report had not yet been received from the Portfolio Committee on Justice and Constitutional Development.

Adoption of Committee’s Recommendation Report on Dudley’s Choice on Termination of Pregnancy Amendment Bill
The Chairperson tabled the draft Committee Recommendation Report, which reflected the determinations reached at the last meeting. He read out the Report, which was to the effect that this Committee recommended that permission not be granted to the Member to proceed with the proposed legislation. However, the Committee had also wished to make some observations, which he also read out. Firstly, the intention behind the legislative proposal was stated as aiming to ensure that women were able to make fully informed decisions regarding the choice to terminate a pregnancy, with an emphasis on State support. The Committee believed that the proposed amendments could be appropriately dealt with in the guidelines and directives for health care practitioners responsible for performing the terminations of pregnancies. An amendment of the Choice on Termination on Pregnancy Act could not be justified. The fact that women’s right to choice must be the primary concern in any legislative amendment was not reflected adequately in the legislative proposal, and the reference to “unborn child” was at odds with the term “foetus” used in the Choice on Termination of Pregnancy Act. The implementation of these proposed amendments would hamper access to the proper facilities, particularly in rural areas, which would in fact result in compromising women’s rights to choice. The proposed amendment would further be costly, and have a great financial impact on facilities that were primarily dependent on donor funds.

Mr Pretorius commented that there was too much detail in this Report, and felt that the Report should be of a technical nature. The Rules stated that, after considering the Memorandum, the Committee must recommend either that permission be given to the Member to proceed, or to refuse permission. He felt that only where permission was to be given should other matters be explained.

The Chairperson explained that the Committee had decided to follow that route in order to set out very clearly the background to the decision.

Members proposed, seconded and adopted the Committee’s Recommendation Report.

Adoption of minutes
The Minutes of the Committee meeting held on 20 October 2010 were adopted, with technical amendments.

Adoption of Third Term Quarterly Report
The Chairperson tabled the Committee’s Third Term Quarterly Report, noting that this reflected the Committee’s decision to produce quarterly reports on its work.

Members reviewed the report, and adopted it.

Adoption of Revised Fourth Term Committee Programme
Ms A Dreyer (DA) noted her concern that the venue for the Training and Strategic Planning Workshop scheduled for 25 November had been changed from Parliament to the Townhouse Hotel. She did not see any reason to go a hotel and incur unnecessary costs. The Committee should be more circumspect in spending other people’s money and use a Parliamentary venue.

The Chairperson appreciated her comment, but supported the change of venue. The Committee had not used its budget and he did not want to create a precedent that might possibly persuade National Treasury to cut its budget for the following year.

Ms Sosibo asked when the House would be sitting

The Chairperson responded that the House would sit on 12, 18, and 26 November.

Mr Pretorius supported Ms Dreyer, stating that it made no sense to hold the workshop in an outside venue so close to Parliament.

The Chairperson said the Committee would be meeting on 24 November, when Mr Munasur would present on the special petition, and would also receive input from the Portfolio Committees on Labour and on Finance.

The Revised Fourth Term Committee Programme was adopted, noting objections from the DA regarding the venue for the workshop.

The meeting was adjourned.



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