Built Environment Bills: discussion

Meeting report

PUBLIC WORKS PORTFOLIO COMMITTEE
13 September 2000
COUNCIL FOR THE BUILT ENVIRONMENT BILL; ENGINEERING PROFESSION AND RELATED BILLS : DELIBERATIONS

Chairperson : Chief M Hlengwa (IFP)

Documents handed out:
Amendments agreed to:
Council for the Built Environment Bill (B16 - 2000)
Architectural Profession Bill (B17 - 2000)
Landscape Architectural Profession Bill (B18 - 2000)
Engineering Profession Bill (B19 - 2000)
Property Valuers Profession Bill (B20 - 2000)
Quantity Surveying Profession Bill (B22 - 2000)
Project and Construction Management Professions Bill (B21 - 2000)
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SUMMARY
The Department of Public Works presented the amendments agreed to for
the Council for the Built Environment Bill and its accompanying six Bills. A motion of desirability was accepted. Committee members will take the final version of the Bills to their various parties and submit any further considerations before meeting for voting on 20 September. The plenary debate is on 29 September.

MINUTES
The Chair proposed that the committee go through the changes that had been effected by the Department. Should no further amendments be made, this would be followed with the motion of desirability. He proposed that the Bills be taken back to the individual parties by members, and that any further amendments or concerns be brought to this committee by Friday, so as to allow for preparation of the Bills for committee voting on 20 September. The Bills would be debated in the House on 29 September.

Mr Annandale of the Department noted that the amendments agreed to at previous week's meeting had been effected to both the Council for the Built Environment Bill and the Engineering Profession Bill, and that changes made to the later Bill were applied to the other Bills as relevant.

He stated that there were further changes which needed to be pointed out in the Engineering Profession Bill (and related Bills):

Clause 6
This has been split up into three sections to deal with:
- offences committed within South Africa
- offences committed outside South Africa
- a qualifier allowing for discretionary powers of the Minister.

Clause 37
The Committee had agreed to call this clause "Procedure and Evidence" which relates to court purposes. However, after consultation, it has been decided that the clause should be headed "Procedure and Evidence for Evidentiary Purposes" as this would avoid a situation where evidence could be construed as only relating to court use. This change has been carried over to all other Bills.

Discussion
The Chair asked whether this change made any difference to the substance of the clause.

Mr Annandale replied that it did, but only in so far as it avoids the implication of "for court purposes" resulting in a too-narrow interpretation. It has been framed wider to ensure inclusivity.

Mr Abram seconded the changes made as it also made space for the inclusion of a quasi-judicial body, for example.

Mr Annandale stated that all other clauses had been amended as indicated at the last meeting, and that these changes had been carried over as required.

Mr Abram stated that the motion of desirability had already been moved with respect to the CBE Bill, and proposed that a motion of desirability be moved for all the other Bills.

Mr Annandale stated that the Bills had already been checked by the State Legal Advisors, and that they now needed to be translated and published (both the amendments and the final version) for voting on. A week should be sufficient time.

Mr Moonsamy asked whether other political parties had any problems with the process forward as proposed.

Both the ANC and the UDM replied that they were in agreement.

The Chair stated that although the DP was not present, Mr Opperman had met with him yesterday and had indicated his agreement.

The Chair read the motion of desirability for all Bills. Mr Abraham moved the motion and it was seconded by a member of the ANC.

The meeting was adjourned.