Meeting report

RULES COMMITTEE  NATIONAL COUNCIL OF PROVINCES

 

MINUTES OF SPECIAL MEETING

 

WEDNESDAY, 2 JUNE 2010

S12A

These minutes were provided by National Council of Provinces Table Staff

PRESENT

Member	Province
Mahlangu, M J (Mr)	Chairperson of the NCOP
Memela, T (Ms)	Deputy Chairperson of the NCOP
Magadla, N W (Ms)	House Chairperson: Committees
Tau, R J (Mr)	House Chairperson: Oversight and Institutional Support
Mazosiwe, S S (Mr)	Programming Whip
Rantho, D Z (Ms)	Provincial Whip: Eastern Cape
Jacobs, P (Mr)	Provincial Whip: Free State
Mncube, B V (Ms)	Provincial Whip: Gauteng
Nzimande, L P M (Mr)	Provincial Whip: KwaZulu-Natal
Mabija, L (Ms)	Provincial Whip: Limpopo
Boroto, M G (Ms )	Provincial Whip: Mpumalanga
Maine, M C (Mr)	Provincial Whip: North West
Harris, T(Mr)	Provincial Whip: Western Cape
Gunda, J J (Mr)	ID Party Representative: Northern Cape
Bloem, D V (Mr)	COPE Party Representative: Free State
Watson, A (Mr)	DA Party Leader: Mpumalanga
Zulu, M M M (Prince)	IFP Party Representative: KwaZulu-Natal

 

1. OPENING

 

The Chairperson opened the meeting at 09:18.

 

2. APOLOGIES

 

Ms N D Ntwanambi.

Mr G G Mokgoro.

 

3. MATTER ON THE AGENDA

 

3.1. CONSIDERATION OF THE DRAFT RULES SETTING OUT THE RECONFIGURED FUNCTIONS OF THE TWO HOUSE CHAIRPERSONS: REPORT BY SUBCOMMITTEE ON REVIEW OF COUNCIL RULES  

 

The Chairperson requested Mr Jacobs to present the Subcommittee’s report.

 

Mr Jacobs informed members that as per the directive from the Rules Committee, the Subcommittee had set out the reconfigured functions of the two House Chairpersons in draft rules.

 

He requested Adv. M Phindela to take the meeting through the draft rules.

 

Adv. Phindela informed members that the Subcommittee had used the existing rules governing the House Chairpersons and clustered them under the new heading namely House Chairperson: Committees and Oversight in order to capture the reconfigured functions of this House Chairperson. It then drafted a new rule to address the functions of the House Chairperson: Intergovernmental Relations and Co-operative Government.

 

The Chairperson stated that the rules governing the functions of the House Chairperson: Committees and Oversight have not been changed. The rule regulating the functions relating to oversight had just been merged with the functions related to committees. Also, that most of the reconfiguration had to be done in terms of the functions of the House Chairperson: Intergovernmental Relations and Co-operative Government.

 

The following discussion ensued:

 

Rule 14A House Chairperson: Oversight and Committees

 

Referring to provision (o), Mr Harris enquired why the House Chairperson would assign functions to himself.

 

The Chairperson responded that the word “House” refers to the Council and not the House Chairperson. 

 

Mr Watson stated that it may assist if the word “the” is added before the word “House”.

 

Mr Mazosiwe proposed a few amendments to the draft rules namely:

 

In relation to provision (f): the ANC is discussing the matter and will come back with its view; and

In relation to provision (i): to add “in consultation with the Chief Whip and the Programming Whip”.

 

With regard to provision (i), he explained that he would like the consultation to be regulated in the rules for the sake of clarity. He said that there is a subjective element in working relations and if the rules do not clearly stipulate, consultation or coordination may not take place.

 

Mr Watson was of the opinion that the word “ensure” provides that clarity. He was of the view that it means that all the routes must be followed. He was hesitant to specifically identify the Chief Whip and the Programming Whip and thought that the Chairpersons of Select Committees and the Chairperson of the Council should then also be included.

 

The Chairperson said that it was a known fact as to how the programme is arrived at.

 

Mr Gunda was in agreement with the Chairperson.

 

Mr Bloem asked clarity on what the proposal is regarding provision (f).

 

Mr Mazosiwe said that it could stay as is.

 

The Chairperson explained that the reason for provision (f) is that everything should be tracked.

 

Rule 14B: House Chairperson: Intergovernmental Relations and Co-operative Government  

 

Mrs Magadla referred to provision (d) and asked whether the House Chairperson would be giving strategic advice to the committees or the House.

 

The Chairperson responded that the committees must report to the House and allow members to discuss reports in the House.

 

With reference to the co-chair function, Mrs Magadla asked who would be chairing the Committee of Chairpersons meeting if the House Chairperson: Committees and Oversight is not available.

 

The Chairperson responded that the rules provide that the committee would have to elect one of its members to act as chairperson.            

 

In the absence of any more comments, the Chairperson ascertained whether all members were in agreement with draft rules 14A and 14B. Members responded in the affirmative.

 

Agreed:

 

• That the Rules Committee adopts the new rules 14A and 14B as presented by the Subcommittee.

 

4. CLOSURE

 

The Chairperson adjourned the meeting at 09:44.

   

 

_______________________

M J Mahlangu, MP

Chairperson of the NCOP Rules Committee