Road Accident Benefit Scheme Bill: deliberations

Meeting report

The Chairperson said that the State Law Advisor would present the amendments proposed in the 30 October meeting.

Mr C Hunsinger (DA) said some of the definitions had financial implications. He suggested that today’s exercise should not only focus on the text but also the financial implications that have changed.

The Chairperson welcomed Mr Hunsinger’s suggestion.

Mr Johannes Makgotho, Department Deputy Director: Legal Services, said the drafting changes would be presented by the State Law Advisor.

Briefing by State Law Advisor on the proposed amendments
The State Law Advisor read out the minor changes discussed in the previous meeting (see document).

The Chairperson asked if the proposed change about the CEO’s prerogative to appoint or dismiss management had been made as proposed by Members.

Mr Chris Willemse, Senior Manager: RAF, replied that the Public Finance Management Act proposes that the Chief Executive Officer dismiss or appoint management in consultation with the Board. Therefore, the provision was crafted in a manner that did not contravene the PFMA.

Mr T Mpanza (ANC) said that the Committee had agreed that the consultation by the CEO for appointments and dismissals should be afterwards.

The Department confirmed that the proposed changes were made.

The Chairperson asked Members if they were adequately satisfied by the manner in which the proposed changes were captured by the Department.

Members confirmed.

Mr Hunsinger said he would appeal to Members to consider a morning session that will look at the financial implications pertaining to the definitions in the Bill. He felt that the financial implications warranted an in-depth discussion.

Mr M Sibande (ANC) rebutted Mr Hunsinger’s suggestion saying that the Committee had had ample time to go through the financial implications in depth and had dealt with that aspect of the Bill. Members needed to focus on the momentum of processing the Bill. Mr Hunsinger’s proposal was a means to stall the process from continuing.

Mr L Ramatlakane (ANC) said that he understood the proposal made by Mr Hunsinger, but he did not understand where it would fit in the unfolding process. This had already been done, and that proposal purports a different debate. He suggested the Committee could have a workshop to satisfy Mr Hunsinger but not as a prerequisite for the next phase of processing the Bill. He stated unequivocally that we are making the law as our function as Members of Parliament, and Members will not always be competent or skilled to deal with the financial aspects of the law we are making. In that spirit, he was hesitant to agree to the proposal.

Mr Sibande agreed with Mr Ramatlakane.

The Chairperson said that Members have spoken on the issue. She thanked the State Law Advisor and indicated that the Committee would go through the Bill clause by clause at its next meeting.

The Chairperson noted that the Committee still needs to deal with the Airports Company Amendment Bill and the Air Traffic and Navigation Services Amendment Bill.

The Committee programme was considered and adopted.

The meeting was adjourned.