Mediation Committee in respect of Independent Police Directorate Bill [B 15D-2010] & Civilian Secretariat for Police Service Bill [B 16D-2010] (National Assembly): Election of Co-Chairpersons; consideration of Bills referred to Committee

Meeting report

Election of Co-Chairpersons
Ms Ayanda Boss, Acting Committee Secretary, Police Portfolio Committee, stated that the agenda was to nominate Co-Chairpersons from the National Assembly (NA) and from the National Council of Provinces (NCOP).

Ms Van Wyk (ANC) nominated Ms L Chikunga (ANC) to become the Chairperson from the NA.

Ms D Kohler Barnard (DA) seconded the nomination.

Mr Gurshwyn Dixon, Committee Secretary, Select Committee on Security and Constitutional Development,   called for nominations for the position of the Chairperson from the NCOP.

Mr A Matila (ANC, Gauteng) nominated Mr T Mofokeng (Free State, ANC).

Mr L Nzimande (ANC, KwaZulu-Natal) seconded the nomination.

Minutes
Co-Chairperson’s Opening Remarks
Ms Chikunga thanked the Members for nominating her. She stated that the reason they were gathered was in terms of the Joint Rules 177 and 108 to find an agreement between the NA and the NCOP on the two Bills that had been processed by the two Houses. She stressed that they were meeting in order to resolve the situation in an amicable way. In addition she said that the Committee’s work would be complete after having come to an agreement on what was supposed to be in the two Bills. Furthermore it was stressed that the Committee would be taken through the NA and the NCOP versions of the two Bills and whatever would be agreed to would be considered as the final process.

Mr Mofokeng stressed that Ms Chikunga had said all that needed to be said.

Independent Police Investigative Directorate Bill [B 15D-2010]
Ms Carin Booyse, Deputy Chief State Law Advisor, Office of the Chief State Law Advisor, stated that Clause 7 of the Independent Police Investigative Directorate Bill should be amended by omitting “four months” and substituting “one month”.

In addition she stressed that the NCOP had agreed to Clause 1. The NCOP had suggested that the following definitions be inserted - “Constitution” means the Constitution of the Republic of South Africa 1996”. It was suggested to omit “safety and security” and substitute “policing”.

In Clause 21 it was suggested that the following paragraph be inserted “(f) to refer disciplinary matters to the Provincial Commissioner”.

Furthermore in Clause 29, on page 12 in line 26, it was suggested that the word “Commissioner” be omitted and substituted with “Commander” and on page 12, in line 29, that (h) should be omitted and substituted with (f).

Ms Chikunga stated that the disagreement was on Clause 7, page 6 where the NA had agreed to “four months” and the NCOP wanted “one month”.

Mr Matila stated that the NCOP had agreed with the changes that were supposed to be effected.

Ms Van Wyk stated that the provision did not need to be discussed further since the NCOP had agreed to four months.

Ms Chikunga stated that the NA had proposed that the clause be removed, since the provision could not be implemented in either one month or four months because the financial statements still needed to go to the Auditor-General, and hence they would be covered by (c, which stated that the financial affairs of the Directorate were supposed to comply with the Public Finance Management Act (PFMA): hence 7(1)(c) would become 7(1)(b) and 7(1)(d) would become 7(1)(c).

Mr V Ndlovu stated that, if what had been said by Ms Chikunga was the understanding of the NCOP, then there was no need to debate the provision.

Mr H Mokgobi (ANC, Limpopo) stated that the NCOP was in agreement.

Ms Chikunga stated that 7(1)(b) would be deleted.

Civilian Secretariat for Police Service Bill
Ms Booyse stated that in clause 12(1), on page 8 after line 54, the following subsection be inserted: that the provision of section 7(1),(3) and (4) apply with the necessary changes to the designation of filling of a vacancy in terms of subsection (1).

Furthermore on page 9 in line 2 it was suggested that to “one year” be omitted and substituted with “six months”.

In clause 18, on page 10 in line 15, it was suggested that the word “in” be omitted and substituted with the word “after”.

In clause 21, on page 11, it was suggested that a subsection be inserted that stated that “the provisions of section 18(1), (3) and (4) apply with the necessary changes to the designation of filling of a vacancy in terms of subsection 1.

On page 11 in line 4, it was suggested that 6 be omitted and substituted with 3.

In clause 26, on page 12 in line 16, it was suggested that, after secretariat, “in accordance with section 100 of the Constitution” and, on page 12 from line 23 up to line 31, subsections (2) to (5) be omitted.

Mr Mofokeng asked whether any of the NCOP Members had any suggestions.

Mr Matila stated that the NCOP was in agreement with what had been said.

Mr T Byleveldt (Western Cape, DA) stated that he agreed.

Ms Chikunga reiterated what the NA and the NCOP had agreed upon.

Mr Mofokeng stated that new versions of the Bills had been agreed to.

The meeting was adjourned.