Crossing the Floor Legislation: Final Mandates

Meeting report

SECURITY AND CONSTITUTIONAL AFFAIRS SELECT COMMITTEE; LOCAL GOVERNMENT AND ADMINISTRATION SELECT COMMITTEE: JOINT MEETING
18 June 2002
CROSSING THE FLOOR LEGISLATION: FINAL MANDATES

Co-Chairpersons: Mr Mokoena (Northern Province, ANC)/Mr Mkhaliphi (Mpumalanga, ANC)

Documents handed out:
Technical amendments
Final Mandates
(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,
Constitution of the Republic of South Africa Amendment Bill, No. 17
Constitution of the Republic of South Africa Second Amendment Bill, No. 16

Bills as passed by National Assembly

SUMMARY
The members put forward their final mandates. The seven provinces that had their mandates supported the Bills. The ACDP noted their party's opposition to the Bills. The co-chairpersons read through the motions of desirability and the committee reports supporting the Bills.

MINUTES
Mr Mokoena (the Chair) stated that the purpose of the meeting was for the members to put forward their final mandates. He reminded the committee that they had agreed to technical amendments at their previous meeting. He noted that he had received final mandates from the Eastern Cape, the Western Cape, the North-West, Kwa-Zulu Natal and Gauteng.

Ms Lubidla (Northern Cape, ANC) noted that she had the final mandate for the Northern Cape.

Final Mandates:
Eastern Cape: Supports the Bills. A query that had been previously raised concerning pensions had been responded to.

Western Cape: Supports the Bills. Mr Durr (ACDP) noted that his party objected to the legislation.

North-West: Supports the Bills.

Kwa-Zulu Natal: Supports the Bills and any further amendments provided that they do alter the essential elements of the Bills.

Gauteng: Supports the Bills.

Northern Cape: Supports the Bills.

Northern Province: Supports the Bills.

Free State: Supports the Bills.

Mpumalanga: Supports the Bills, although their final mandate had not yet come through.

Discussion
The Chair noted that he was still waiting for the negotiating mandates from some of the provinces.

Ms Kgoali (Gauteng, ANC) asked if the Free State could use a verbal mandate.

The Chair responded that their final mandate had been received without change to their negotiating mandate.

The Ms Kgoali felt that the fact that some provinces had arrived without final mandates was an indication that those provinces had not given sufficient thought to the issue.

Mr Lever (North-West, DP) noted that the Committee required the votes of six provinces in order to agree to a Bill. Currently, the Committee had the votes of seven provinces. He felt that those were sufficient and that the other provinces could air their opinions in the House.

The Chair agreed that it was desirable to pass the legislation. He read through the Motion of Desirability for the Constitutional Amendment. The motion was moved and seconded. The procedure was repeated for the Loss or Retention of Membership of National and Provincial Legislatures Bill. The motion was again moved and seconded.

Mr Mkhaliphi (Mpumalanga, ANC) read the Motion of Desirability for the Municipal Structures Amendment Bill. The motion was moved and seconded.

The Chair read the headings of the committee reports on the Constitutional Amendment and the Loss or Retention of Membership of National and Provincial Legislatures Bill. The committee agreed to the reports.

Mr Mkhaliphi read the report on the Municipal Structures Amendment Bill, which was also agreed to.

The Chair thanked the Committee for their work and hoped that a fruitful and constructive debate would take place in the House.

Mr Durr (Western Cape, ACDP) noted his party's belief that the consequences of the Bills had not been properly considered.

Ms Kgoali felt that that was not the time to raise such party issues.

The Chair responded that the committee had already had that debate and felt that it would be more appropriate for the debate in the House.

Meeting adjourned.