Committee Report Regulations tabled in terms of Community Schemes Ombud Service Act, 2011 & Sectional Titles Schemes Management Act, 2011

Meeting report

The Chairperson noted that there was only one item on the agenda – the adoption of the Community Schemes Ombud Service Act regulations. The legal adviser would take the Committee through the issue and it can then be completed before going to the NCOP.

Mr Nathi Mjenxane, Parliamentary Legal Adviser, noted that he was not bringing anything new to the Committee that the Department had not already done. The regulations were scrutinised for compliance with the Constitution and the law and that there was an empowering provision in the principal Act that gave the Minister the power to make these regulations and such provision was found. It was not also found that the regulations did not confer any extra power to the Minister which was not found in the principal Act. Therefore the regulations were entirely in the ambit of section 29 (1) of the principal Act. He asked if the Committee wanted to adopt per section or adopt the regulations in their entirety after he had gone through them.

The Chairperson sought the guidance of Members in this regard.

Mr H Memezi (ANC) proposed Members be taken through the regulations entirely and adoption would ensue thereafter.

Mr L Khoarai (ANC) seconded this proposal.

Noting that the regulations would be tidied up, Mr Mjenxane proceeded to take Members through the regulations.

The Chairperson asked Mr Mjenxane, as a legal mind, if he was comfortable with the regulations.

Mr Mjenxane responded that, as he had stated, the formality of the regulations were looked at according to whether the regulations were created in terms of an empowering provision in the Act and it was found in section 29 (1) of the Act there was an empowering provision by which the Minister could make the regulations – the regulations were made according to that section. The regulations were found to be compliant with both the Constitution and the law in that it did not confer a power to the Minister which was not provided for in the principal Act. No illegality was found in the regulations proposed.

The Chairperson asked the Committee if there were any comments from their side.

Mr M Gana (DA) questioned whether the regulations, after adoption, would go straight to the NCOP or if it would be transferred to the NCOP via the National Assembly procedurally. It did not seem quite correct for the regulations to be transferred from Committee to Committee.

The Chairperson said this was quite correct – she spoke in a short circulated way when she opened the meeting. After being adopted in the Committee, the regulations would go to the National Assembly before being transferred to the NCOP.

Mr Gana noted that because of the short week last week and that there was no caucus, he was only briefing his caucus today. The DA would not support not oppose any adoption at this stage but would first have the brief caucus before a decision was made.

The Chairperson understood but noted it did not stop the process and asked other Members if they had any comments on the regulations as they currently stood.

Mr Memezi, with the explanation of the legal adviser, did not find any areas of concern. He thought the regulations should be approved and allowed to go to the Assembly before being sent to the NCOP. He noted the importance of the regulations to the functioning of the entity so it was in the interests of the Committee to approve them. He supported approval of the regulations.

Mr K Sithole (IFP) also needed to discuss the issue with his caucus

Ms L Mnganga-Gcabashe (ANC) sought assurance about whether the Committee support personnel provided the legal adviser with the information from previous Committee meetings in terms of discussions, decisions and recommendations.

The Chairperson responded that that process had been undertaken and done.

Mr Gana suggested the Committee return after the plenary session as it was due to be a short session. By that time other parties would also have consulted respective caucuses on the matter.

The Committee agreed.

The Chairperson noted that the regulations relating to the Sectional Title Deeds was not being adopted as yet because it did not have to go to the NCOP.