Limpopo Oversight Report on section 100 (1) (b) of the Constitution: adoption

NCOP Finance

22 May 2012
Chairperson: Mr C De Beer (ANC; Northern Cape)
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Meeting Summary

The Committee considered and the adopted the Oversight on section 100 (1) (b) of the Constitution, 1996, intervention by the National Executive in Limpopo Province in the five Departments.
There were minor technical amendments regarding the structure of the report. Members highlighted that the intervention was not meant to be an interference but a corrective measure.

Meeting report

The Chairperson said that the report had been in the pipeline for a quite some time and had been scrutinised many times. The report dealt with five provincial departments in Limpopo. He was thankful for the co-operation from the Finance Committee Chairperson of the Province.

Adv Frankie Jenkins, Parliamentary Legal Advisor (PLA) said that the recommendations a, b ,c and d were okay, and that some changes should be made to the bullet points. He then suggested an amendment on the first bullet point- substituting the words “Limpopo Provincial Cabinet for Members of the Executive Council” for the word “NCOP”. The Minister of Finance should table the action plans based on the diagnostic analysis by the five administrative task teams in the NCOP” as a matter of urgency.

On the second bullet point he said the sentence should read as follows. In line with the provisions section 100 (3) of the Constitution, 1996, the Minister of Co-operative Governance and Traditional Affairs should consider national legislation to regulate the process of an intervention. He then suggested that the Committee should consider such legislation.  

The Chairperson highlighted that in terms of the Section 100 (2) (c) of the Constitution 1996 the National government should review the intervention regularly. It should be included in the recommendations to stick to the framework. The task of the Committee was to inform the NCOP after the report had been tabled.

A Member asked about the relationship between bullet point number one and the Chairperson’s recommendation.

The Chairperson explained that the two were totally different and emphasised what the Constitution stated. He informed Members that Mr Monde Tom, Limpopo Provincial Administrator would co-ordinate the task team regularly for up to three years to complete. The review of the Constitution was stipulated by the Constitution.

Mr D Bloem (COPE; Free State) asked how the newer draft would read after it had been considered by the Committee.

Adv Jenkins suggested a strategic shift of the bullet points. Number three should be the first bullet one. Then the second one should be 100 2 (c) “while the intervention continues the council will regularly review and make appropriate recommendations. The third bullet point would be in line with the provision of Section 100 (3) of 1996 constitution the Minister of Co-operative Governance and Traditional Affairs should consider introducing legislation to regulate the process of an intervention, the Minister of Finance should submit the action plan based on the diagnostic analysis in the National Council of Provinces.

A Member asked whether Section 100 (1) (b) of the constitution, 1996 would be recommended by the Committee.

Adv Jenkins replied that he would prefer that it be stated as “NCOP” rather than a particular Committee.

The Chairperson asked the Committee whether it preferred to consider the report page by page, because Members had received the report the previous day.

Mr Bloem replied that it would not be necessary to go through the report page by page, because Advocate Jenkins had given the Members the latest copy of the report the previous day. He went on to propose adoption.

Ms T Memela (ANC; KwaZulu-Natal) seconded the motion and the Report of the Committee on Finance on section 100 (1) (b) of the Constitution, 1996, intervention by the National Executive in The Limpopo Province in the five Departments was adopted.

The Chairperson emphasised that the point of the intervention was to take the province forward not backwards. All provincial treasuries and the Auditor General would have to account to the Committee regarding that intervention. He had been informed by Mr Monde Tom that the Inter-Ministerial Committee would be sitting the following week. That Inter-Ministerial Committee would later brief the Parliament about their action plans. Then the Committee would only be able to go back and evaluate the progress after it had been briefed.

Ms Memela raised her concern saying that there was an outcry from the certain quarters regarding the availability of the report for public scrutiny.

The Chairperson explained that the report would be tabled on the 29 May 2012 in the NCOP.

Consideration and Adoption of the May 15 2012 Minutes
The Chairperson said that the minutes were circulated the day before, he then went through them page by page.

Mr Bloem moved for adoption and Mr J Bekker (DA; Western Cape) seconded the motion and the minutes were adopted.

The meeting was adjourned.

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