Public Service Commission Amendment Bill & Protection, Promotion, Development and Management of Indigenous Knowledge Bill: final mandates

Meeting report

Opening remarks
The Chairperson welcomed members of the Portfolio Committee and everyone in attendance and informed them that the purpose of the meeting was to consider and adopt the draft Committee Report on the negotiating mandate on the Protection, Promotion, Development, and Management of Indigenous Knowledge Bill [B 6B-16] (NCOP) (S76) as well as consider and adopt outstanding minutes of the Committee.

Protection, Promotion, Development and Management of Indigenous Knowledge Bill
The Chairperson said that the Bill will be supported on conditions that the Intellectual Property Laws Amendment (IPLA) Bill is rejected and recommended regulations are implemented.

Mr L Max (DA) tried to clarify the distinction between a Bill and the associated set of regulations. A regulation emanates from a Bill and it assists in the implementation of the Bill. Though a regulation is different from a Bill, it operates hand-in-hand with the Bill. Regulations also empower the Minister to implement a Bill.

Ms Lizette Cloete, Senior Committee Coordinator for the Portfolio Committee said that regulations usually follow the implementation of an Act. Regulation and an Act cannot run concurrently. The regulations enable the provisions of an Act to be implemented. She reiterated that regulations cannot be included in an Act.

Mr Andre Le Roux, Legal Advisor to the Portfolio Committee, concurred with Ms Cloete. He spoke about the distinction between Provincial and National Bills when it comes to legislative oversight of the Portfolio Committee. The Provincial Legislature has oversight on regulations that emanate from the Province, whereas it lacks the powers to change National regulations once those regulations are available. However, the Provincial Legislature can make recommendations in its negotiating mandate in cases where certain provisions of the Bill are not sufficiently detailed. Regulations can always follow, at the appropriate time, if all provisions of a Bill are sufficiently detailed.


Mr C Kivedo (DA) sought to know the impact the repeal of IPLA Bill will have on the IK Bill.

Mr Le Roux said that the IPLA Bill can be easily separated from matters relating to the IK Bill and the associated regulations. The Committee, in its negotiating mandate, can recommend the repeal of IPLA. It is clear that the IPLA Bill conflicts with the IK Bill. The goal of the DST is to see the IPLA Bill repealed.

The Chairperson said that the IK Bill will be strengthened if the IPLA Bill is repealed. The Committee will not support the Bill in the final negotiating mandate if the amendments and p[proposed recommendation are not accepted.

Mr Max cautioned that the acceptance of the Bill should not be conditional. It is an important Bill that needs to come into effect as soon as possible. Support for the Bill should be independent of the repeal of IPLA Bill.

According to the Chairperson, the Standing Committee on the Premier and Constitutional Matters supports the Protection, Promotion, Development, and Management of IK Bill [B 6B-16] (NCOP) (S76). The support is not subjected to the acceptance of the proposed amendments. It means that the Committee’s support for the Bill will be independent of regulations and proposed amendments in the final negotiating mandate. He promised that the Committee will later meet for the final negotiating mandate.

All Committee members agreed.

Consideration and adoption of outstanding Committee Minutes
Committee Minutes dated 29 May 2018
The Chairperson said that the agenda of that meeting was to undertake public hearings on the Protection, Promotion, Development, and Management of IK Bill [B 6B-16] (NCOP).The meeting held in Oudtshoorn. This was the first public hearings on the IK Bill.

Committee members considered and adopted the minutes of the meeting unanimously.

Committee Minutes dated 5 June 2018
This was the second public hearings on the IK Bill. The meeting held in Caledon. The Chairperson said that the agenda of that meeting was to undertake public hearings on the Protection, Promotion, Development, and Management of IK Bill [B 6B-16] (NCOP).

Committee members considered and adopted the minutes of the meeting unanimously.
 
Committee Minutes dated 6 June 2018
This was the third public hearings on the IK Bill. The meeting held in Vredenburg. The Chairperson said that the agenda of that meeting was to undertake public hearings on the Protection, Promotion, Development, and Management of IK Bill [B 6B-16] (NCOP).

Committee members considered and adopted the minutes of the meeting unanimously.

Committee Minutes dated 8 June 2018
This was the fourth public hearings on the IK Bill. The meeting held in Cape Town. The Chairperson said that the agenda of that meeting was to undertake public hearings on the Protection, Promotion, Development, and Management of IK Bill [B 6B-16] (NCOP).

Committee members considered and adopted the minutes of the meeting unanimously.

Final Comments on the Public Hearings
Mr Max said the public hearings, especially the meeting held in Cape Town, signaled a new dawn with the Khoi-San communities in terms of their right to existence and their values. He thanked the Chairperson and everyone that made the meeting a success.

Mr Kivedo acknowledged the importance of the meeting. In his words, “we are dealing with a group of people who felt marginalised all along”. The engagements is a step in the right direction that the government of the WC is engaging the communities in terms of acknowledging their values, knowledge, culture, artefacts, rituals, and customs. Despite the current challenges, he believed that there is room for cooperation and development for all the parties involved. He also thanked everyone involved in the planning and organisation of the meeting.

The Chairperson acknowledged the commendations and thanked everyone for the successful outcome of the meeting.
 
The meeting was adjourned.