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PUBLIC SERVICES SELECT COMMITTEE
03 October 2000
THE CONSTRUCTION INDUSTRY DEVELOPMENT BOARD BILL: FINAL MANDATES
Construction Industry Development Board Bill
Northern Province, Northern Cape, Western Cape, Gauteng, Free State
Eastern Cape, Mpumalanga
Eight Provinces submitted their final mandates and voted on the bill. The North West Province did not submit its mandate and was not present at the meeting. All eight Provinces voted in favour of the Bill with amendments agreed to.
All the Provinces submitted their final mandates except the North West Province. There was no representation from this province at the meeting. After carefully going the Bill clause by clause, the Provinces unanimously voted in favour of the Bill with the following amendments agreed to:
Powers, functions and duties of the Board
- Clause 5(c): after "must", to insert "subject to section 14", as proposed by Kwazulu Natal (KZN)
- Clause 5(10) (b) after the word "committee" be inserted "after due consideration of provincial representation", as proposed by Free State.
Composition of Board
- Clause 6(4): to omit "any other newspaper which is" and to insert "other newspapers which are", as proposed by KZN.
- Clause 6(8) (a) "normally" to be omitted and substituted with "ordinarily", as proposed by the Eastern Cape (EC)
- Clause 6(8) (b) to omit paragraph "(b)"
- In subsection 6(8) to omit the whole paragraph (e) and to substitute it with, "(d) may not be a person who has been convicted of an offence, other an offence committed prior to 27 April 1994 associated with political objectives, and was sentenced to imprisonment without the option of a fine, or, in the case of fraud, to a fine or imprisonment;"
- Clause 6 after subsection (8) (d) to insert, "(e) subject to subsection (12), has been convicted of an offence in a foreign country and was sentenced to imprisonment without an option of a fine, or, in the case of fraud, to a fine or imprisonment".
- Clause 6 after subsection 11(b), to insert, " (12) For the purpose of subsection (8) (e), the Minister must take cognisance of the prevailing circumstances in a foreign country relating to a conviction." " (13) If a person, who is a political office bearer, accepts an appointment in terms of this section, he or she must vacate the political office before the appointment in terms of this section takes effect". This was proposed by the Eastern Cape.
Chief Executive Officer
-Clause 10(3) after the words "in accordance" to delete " determined by the Board", as proposed by Free State.
Delegation of power
- Clause 15 (1) after "person", to insert "body of persons or organ of state", as proposed by KZN.
- Clause 18 (2), to omit "equal" and to substitute "not exceeding", as proposed by KZN.
Duration and renewal of regulation
- Clause 20 (2) after "expires", to insert " or on the sale or transfer of the contractor's business", as proposed by KZN.
- Clause 32(1) after "Ministers" to insert "and Members of the Executive Councils", as proposed by Gauteng.
The Department of Public Services has made the following proposal for Clause 33 (2) "The regulations may provide that any person who contravenes a regulation is guilty of an offence and liable on conviction to a fine not exceeding R100 000"
Western Cape Final Mandate
The state law advisor informed the Western Cape delegates that the Rule proposed in its final mandate had been dealt with in the Bill. This was accepted by the Western Cape delegates.
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