Disaster Management Amendment Bill [B10B-15]: final mandates; Committee Reports on interventions in the following local municipalities: Indaka, Imbabazane, Umvoti, Abaqulusi, Mpofana, Mtubatuba and Hlabisa

Meeting report

The Chairperson stated that the agenda of the meeting was to consider and adopt the Disaster Management Amendment Bill (DMAB). The meeting would also be considering and adopting a number of Committee reports in respect of various municipalities.

Disaster Management Amendment Bill: final mandates

The Chairperson stated that the Committee had received eight final mandates in support of the DMAB. There were eight provinces voting in favour of the DMAB and only one province voting against it. The purpose of the meeting therefore was simply to present the DMAB before the Committee.

The Chairperson indicated the provinces that had voted in support of the DMAB. These included Gauteng, Northern Cape, Eastern Cape, North West, Free State, Limpopo, Mpumalanga and KwaZulu-Natal. He observed that the Western Cape had voted against the DMAB. He directed each province to table its mandate to the Committee.

Gauteng Provincial Legislature

Mr J Julius (DA) confirmed Gauteng’s mandate in support of the DMAB.

Northern Cape Provincial Legislature

Ms G Manolope (ANC) confirmed Northern Cape’s mandate in support of the DMAB.

Free State Provincial Legislature

Mr G Michalakis (DA) confirmed Free State’s mandate in support of the DMAB.

KwaZulu-Natal Provincial Legislature

Mr M Chetty (DA) confirmed KwaZulu Natal’s mandate in support of the DMAB.

Western Cape Provincial Legislature

Mr D Ximbi (ANC) stated that the Western Cape was not in support of the DMAB.

The Chairperson observed that some provinces were not represented at the meeting. However, he stated that these provinces had sent their mandates to the Committee. Therefore, he asked the Committee Secretary to confirm the express mandate sent by the provinces to the Committee.

Eastern Cape, Limpopo and North West Provincial Legislatures

Mr Moses Manele, Committee Secretary, read out the mandates from the Eastern Cape, Limpopo, North West and Mpumalanga which all gave support in favour of the DMAB.  

Committee Report on the Bill

Based on the mandates expressing support for the DMAB, the Chairperson proceeded to read out the report of the Committee in respect of the DMAB. The report was as follows:

“The report of the select Committee on Cooperate Governance and Traditional Affairs on the Disaster Management Amendment Bill [B10D – 2015] National Assembly section 76, dated 27 October 2015.

The select Committee on Cooperate Governance and Traditional Affairshaving deliberated and considered the subject of the Disaster Management Amendment Bill, National Assembly section 76, referred to and classified by JTM as a section 76 Bill, report that it has agreed to an Amendment Bill [B10D – 2015]. Report to be considered.”

The Chairperson asked one of the members to move for the adoption of the DMAB.

Mr D Ximbi (ANC) moved for the adoption of the DMAB.

Ms Manolope seconded the motion for adoption.

The Chairperson declared the DMAB as adopted.

He moved on to the second item on the agenda which was the consideration and adoption of the oversight visit reports.

Committee Report on Indaka Local Municipality

The first oversight report considered for adoption was the report on notice of intervention in terms of s 139 (1) (b) in relation to Indaka Local Municipality. The Committee had met with the municipality the penultimate week and had taken note of the challenges confronting the municipality. Note had also been taken of the achievements in that municipality. The Chairperson stated that the report was before the Committee for final consideration and adoption. The recommendations of the Committee in the report were that the NCOP should approve the intervention in Indaka Local Municipality in terms of section 139 (1) (b) of the Constitution; the KwaZulu-Natal MEC for Cooperative Governance and Traditional Affairs should table quarterly progress reports to the NCOP and the Provisional Legislature on the status of the intervention in the Municipality, including the termination of the intervention report.

Mr LNzimande (ANC) moved for the adoption of the report.

Ms Manolope seconded the motion for adoption.

Committee Report on Imbabazane Local Municipality

The second report considered for adoption was the report onthe notice of extension in terms of s 139 (1) (b) in relation to Imbabazane Local Municipality. The recommendations of the Committee in the report were that: the NCOP should approve the extension of intervention in Imbabazane Local Municipality in terms of section 139 (1) (b) of the Constitution; the Department of Cooperative Governance and Traditional Affairs should table quarterly reports on the support provided to Change Management Committee of the municipalities during the period of the merger; the KwaZulu-Natal MEC for Cooperative Governance and Traditional Affairs should table quarterly progress reports to the NCOP and the Provisional Legislature on the status of the extension of intervention in the Municipality, including the termination of the intervention report.

The Chairperson asked for a member to move for the adoption of the report.

Ms Manolope moved for the adoption of the report.

Mr Chetty seconded the motion for adoption.

Committee Reports on Umvoti Local Municipality, Abaqulusi Local Municipality, Mpofana Local Municipality, Mtubatuba Local Municipality, Hlabisa Local Municipality

The third report considered for adoption was the report on the notice of termination of intervention in terms of s 139 (1) (b) in relation to Umvoti Local Municipality. The recommendations of the Committee in the report were that: the NCOP should approve the termination of the intervention in Umvoti Local Municipality in terms of section 139 (1) (b) of the Constitution; the Department of Cooperative Governance and Traditional Affairs in KwaZulu Natal should table the outstanding forensic investigation reports in terms of section 106 of the Local Government: Municipal System Act (Act No 32of 2000) to the NCOP and the KwaZulu-Natal Provincial Legislature.

Ms Manolope interjected. She observed that the report in respect of Umvoti Local Municipality and the reports in respect of four other municipalities were in respect of the same subject matter which was the termination of the intervention in terms of section 139 (1) (b) of the Constitution. The other four municipalities were: Abaqulusi Local Municipality, Mpofana Local Municipality, Mtubatuba Local Municipality, Hlabisa Local Municipality. She suggested that there was no need to go through each report in respect of each municipality considering that they were in respect of the same subject matter and the recommendations given in respect of them were very similar. In view of this, she further suggested that all the reports could be adopted at the same time.

The Chairperson concurred with the suggestions of Ms Manolope. He asked members if they were in agreement with the suggestion.

Members expressed their agreement.

The Chairperson asked a member to adopt the reports

Ms Manolope moved for the adoption of the reports in respect of Umvoti Local Municipality, Abaqulusi Local Municipality, Mpofana Local Municipality, Mtubatuba Local Municipality, and Hlabisa Local Municipality.

Mr Ximbi seconded the motion for adoption.

The Chairperson declared the reports as adopted.

He thanked everyone. The meeting was adjourned.