Sectional Titles Amendment Bill [B11B-2013]: Negotiating Mandates

NCOP Land Reform, Environment, Mineral Resources and Energy

04 November 2013
Chairperson: Ms A Qikani (ANC; Eastern Cape)
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Meeting Summary

The Chairperson said that eight mandates were received from the respective provinces; however Limpopo did not provide a mandate and stated that it needed more time to do so. The Free State Provincial Legislature supported the Bill with recommendations. The proposed amendment by the Free State Legislature was rejected by the Committee and by the Parliamentary Law Advisor. All provinces (mandates received) were in support of the Bill, and in some cases support was subjected to proposed amendments (as in the case of the Free State Provincial Legislature. The Committee awaits the final mandates from the provinces ahead of its next meeting.
 

Meeting report

Opening Remarks
The Chairperson stated that eight mandates were received from the nine respective provinces. Limpopo had had failed to submit its mandate and had written to the Committee, requestion an extension. However, the Chairperson noted that only five mandates were needed to form a quorum and the Committee would proceed.

Sectional Titles Amendment Bill [B11B-2013]: Negotiating Mandates
Eastern Cape Provincial Legislature
The Chairperson read the Negotiating Mandate and informed the Committee that the Eastern Cape Provincial Legislature supported the Bill. The Eastern Cape Provincial Legislature therefore mandated its delegates to negotiate in support of the Bill.

Free State Provincial Legislature
Mr D Worth (DA; Free State) read the Negotiating Mandate. The Portfolio Committee on Cooperative Governance, Traditional Affairs and Human Settlements proposed that provision should be made for electronic mail in the Bill. However, it supported the Bill subject to this amendment.

Ms Sueanne Isaac, Parliamentary Law Adviser, said that the proposed amendment was to ensure the delivery of a mail through registered post and/or by mail. However, it was not clear whether someone had received an electronic letter. If the letter was given personally then the individual had to sign for it, this ensured delivery. She advised that the proposed amendment be rejected.

Mr George Tsotetsi, Registrar of Deeds, Department of Rural Development and Land Reform, said that the sectional titles regulations board had discussed the proposed amendment and stated that it was not possible to confirm whether someone had received an electronic letter.

Ms Nomvo Ngcenge, State Law Advisor, Office of the Chief State Law Advisor, said that it was not easy to prove that individuals had received an electronic letter. The amendment should therefore be rejected.

Ms B Mabe (ANC; Gauteng) rejected the proposed amendment.

Mr M Makhubela (COPE; Limpopo) rejected the proposed amendment.

Ms N Magadla (ANC; Kwazulu-Natal) rejected the proposed amendment.

Mr Worth replied that he would abstain from commenting as it was a recommendation from his province.
Gauteng Provincial Legislature
Ms Mabe read the Negotiating Mandate and informed the Committee that the Gauteng Provincial Legislature supported the Bill with the proposed amendments.

Mr Worth noted that there were a ‘substantial number’ of proposed amendments by the Gauteng Provincial Legislature and said that the Legislature voted in support of the Bill, but with amendments.
Ms Mabe said that the Gauteng Provincial Legislature approved the Bill but did not make any proposed amendments.

Ms Isaac said that the Gauteng Provincial Legislature made comments, however no recommendations were specified, as to how the Bill should be amended.

Ms Magadla stated that it was clear that the Gauteng Provincial Legislature supported the Bill.

Ms Ngcenge stated that the Gauteng Provincial Legislature voted in support of the Bill and should have placed proposals in its mandate.

Mr Tsotetsi said that the ‘body corporate’ was now defined by the Sectional Titles Management Act as opposed to the Sectional Titles Act. 

Kwazulu-Natal Legislature
Ms Magadla read the Negotiating Mandate and informed the Committee that the Portfolio of Human Settlements mandated the Kwazulu-Natal delegation to the National Council of Provinces (NCOP) to support the Bill.

Mpumalanga Legislature
The Chairperson read the Negotiating Mandate and informed the Committee that the Portfolio Committee on Agriculture, Rural Development and Land, Administration, Economic Development, Environmental and Tourism supported the Bill and mandated that its representatives to the NCOP negotiate in support of the Bill. The view of the Committee concerning the public participation process was observed and “contained in the attached report of the consideration”.

North West Provincial Legislature
The Chairperson read the Negotiating Mandate and informed the Committee that the Department of Rural and Land Reform needed to visit the House of Traditional Leaders to discuss the acquisition of land registration of disagreement with the individuals in the rural area. The Portfolio Committee on Agriculture and Rural Development voted in support of the Bill. The North West delegates were mandated to negotiate in support of the Bill.

Northern Cape Legislature
The Chairperson read the Negotiating Mandate and stated that the Legislature had voted in support of the Bill.

Western Cape Provincial Legislature
The Chairperson read the Negotiating Mandate and informed the Committee that the Standing Committee on Agriculture and Environmental Planning gave the Western Cape delegation in the NCOP the authority to support the Bill without amendments.

The Committee was waiting to receive the final mandates from all nine provinces.

The meeting was adjourned.
 

Present

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