Crossing the Floor Legislation: Negotiating Mandates

Meeting report

SECURITY AND CONSTITUTIONAL AFFAIRS & LOCAL GOVERNMENT AND ADMINISTRATION SELECT COMMITTEES: JOINT MEETING
14 June 2002
CROSSING THE FLOOR LEGISLATION: NEGOTIATING MANDATES

Co-Chairpersons: Mr J Mhlangu (ANC) / Mr Mkhaliphi (ANC)

Documents handed out
Kwazulu-Natal negotiating mandate
Free State Negotiating mandate
Western Cape Final Mandate
Northern Cape Negotiating mandate
Northern Province
Eastern Cape Final Mandate
Gauteng Province
North West Province negotiating mandate
Mpumalanga Negotiating mandate
Technical amendments
(email [email protected] for mandates & amendments)
Loss or Retention of Membership of National and Provincial Legislatures Bill, No 25
Local Government: Municipal Structure Amendment Bill, No 22
Constitution of the Republic of South Africa Amendment Bill, No. 17
Constitution of the Republic of South Africa Second Amendment Bill, No. 16

4 Bills as passed by National Assembly
Amendment to Act 69 of 1998

SUMMARY
The nine provinces submitted their negotiating mandates which all supported the four Bills.

MINUTES
Mr J De Lange, a drafter from the Department of Justice, stated briefly the objects of the four pieces of legislation and informed Members that he is fully prepared to give a detailed explanation, should they so require.

The Chair replied that this Committee is familiar with the Bills, and further clarification is not necessary.

Discussion
Mr T Ralane [ANC: Free State] noted that the Free State Province moves for the adoption of the Bills as presented at this Committee, as they ensure consistency within the three spheres of government.

The Chair noted that all the negotiating mandates presented support these Bills fully, and acknowledged the concern raised by the North West negotiating mandate.

Mr Mazosiwe [ANC: Eastern Cape] drew the Committee's attention to the Eastern Cape mandate which raises the concern about the possible buy-back of the member of Parliament's pension for the remaining period of the member's term if the member should die before such time.

Mr De Lange replied that this Bill is not the appropriate forum within which to address this matter, but it is an important concern and will be addressed. He assured the Member that the National Assembly has passed a resolution directing the Department of Justice to identify and evaluate all the possible consequences of the legislation.

Ms J Kgoali [ANC: Gauteng] appealed to the Department of Justice to look into these important matters, as they are not contained in the Bill.

The Chair noted that all Members present agree on the Bill.

There were no further questions or comments and the meeting was adjourned.