Meeting report

 

RULES COMMITTEE NATIONAL COUNCIL OF PROVINCES

 

MINUTES OF SPECIAL MEETING

 

THURSDAY, 20 JANUARY 2011

GOOD HOPE CHAMBER

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
Tau, R J (Mr)	House Chairperson: Committees and Oversight
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
Mokgoro, G G (Mr)	Provincial Whip: Northern Cape
Makhubela, M W (Mr)	Stand in for COPE Party Representative: Free State
Watson, A (Mr)	DA Party Leader: Mpumalanga

 

 

IN ATTENDANCE: Staff: Adv. M E Phindela (Secretary to the NCOP); Mr S Makhasi (Head: Office of the Chairperson); Mr M Tyumre; Adv. A Gordon; Adv. J-A Niekerk; Ms V Mnana; Ms S Ally; Ms S Bowers; Mr M Skolo; Mr M Mbebe; Mr T Molusi; Ms B Cabangana-Mnyanda; Mr M Kgagodi; Ms Z Zondi; Mr P Grobler; Mr Z Mgoduka.

 

1. OPENING

 

The Chairperson opened the meeting at 09h30.

 

2. APOLOGIES

 

Ms N D Ntwanambi.

Ms N W Magadla.

Mr M C Maine.

Prince M M M Zulu.

 

3. CONSIDERATION OF MINUTES OF MEETING OF 19 MAY 2010

 

The minutes were adopted as an accurate reflection of the meeting.

 

4. CONSIDERATION OF MINUTES OF MEETING OF 2 JUNE 2010

 

The minutes were adopted as an accurate reflection of the meeting.

 

5. CONSIDERATION OF THE PROPOSED DRAFT AMENDMENTS TO THE RULES

 

Adv. M E Phindela, the Secretary to the NCOP, briefed the committee on the proposed amendments on behalf of the Subcommittee on Review of Council Rules.

 

The following amendments were agreed to by the Rules Committee:

 

Chapter 1

 

• All proposed amendments agreed to.

 

Chapter 2

 

Rule 6

• Under Rule 6(1), to insert the words “date and” before the word “time” in the fourth line.

 

Rule 13

• The committee requested that rules be drafted on Acting Chief Whip as well as the Appointment of provincial whips

 

• All other proposed amendments agreed to.  

 

Chapter 3

 

• All proposed amendments agreed to.

 

Chapter 4

 

Rule 29

• The committee requested an insertion of the words “or President of a Second House”.

 

• A question was raised regarding the deletion of the words “the Joint Rules”.

 

• All other proposed amendments agreed to.

 

Chapter 5

 

• Rule 31(a) - There was a question regarding the meaning of the word “Chair”. Sub-rule referred back to the subcommittee for clarity.

 

• All other proposed amendments agreed to.

 

Chapter 6

 

• All proposed amendments agreed to.

 

Chapter 7

 

Rule 79

• The committee had a discussion on whether written authorisation would be required and resolved that it would not be necessary. Proposed amendment agreed to.

 

• All other proposed amendments agreed to.

 

Chapter 8

 

Rule 83

• The committee agreed to the amendment. In its discussions the Chairperson said that the NCOP had never debated the State of the Nation Address as the view is that it would be a duplication of the NA debate. That the NCOP should have a joint sitting with the NA to debate the SONA. Also that the matter is under consideration.

 

• All other proposed amendments agreed to.

 

Chapter 9

 

Rule 89

• Rule 89(4) was referred back to the subcommittee to look at. The legal advisor to the Rules Committee indicated that it may put an obligation on the Council by creating an expectation and may open the Council to litigation.

 

• All other proposed amendments agreed to.

 

Rule 108

• Rule 108 (b) – The committee agreed that the words “subject to any reasonable restrictions the committee chairperson may impose” be deleted.

 

Rule 109

• Rule 109 – The committee requested a redraft of the rule, it was referred back to subcommittee. The committee is of the view that all matters affect local government and that organised local government representatives should be able to attend all meetings.

 

• Rule 109 (b)– Same words to be deleted as in rule 108 (b).

Rule 110

• Rule 110 (4) (c) – A question was raised regarding the deletion of the words “including that person’s vehicle”.

 

Rule 142

• Rule 142 (h) - This sub-rule was referred back to the subcommittee.

 

Rule 148

• Rule 148(1) – The committee agreed to insert “the question being put by the clerk assigned to the committee”.

 

Rule 151

• Rule 151 (3) – The committees agreed to delete “provided that whenever possible each provincial delegation shall have one representative”.

 

Rule 153

• Rule 153 (1) – The committee did not agree to the proposed amendment.

 

• Rule 153A - The committee agreed to insert “the question being put by the clerk assigned to the committee”.

 

Rule 154

• Rule 154 (b) - This sub-rule was flagged by the committee.

 

• All other amendments agreed to.

 

The matter of party representation in the NCOP, its committees and subcommittees to be revisited by the subcommittee.

 

6. CLOSURE

 

The committee agreed that the next meeting of the Rules Committee would consider proposed amendments to Chapters 10, 11 and 12. The Chairperson adjourned the meeting at 15h10.

 

_____________________

M J Mahlangu, MP

Chairperson of the NCOP Rules Committee