Traditional Leadership and Governance Framework Bill: final mandates

Meeting report

LOCAL GOVERNMENT AND ADMINISTRATION SELECT COMMITTEE
24 November 2003
TRADITIONAL LEADERSHIP FRAMEWORK BILL: FINAL MANDATES

Chairperson: Mr J Mkhaliphi (ANC)

Relevant documents:
Traditional Leadership and Governance Framework Bill [B58B-03]
Final Mandates (contained in the minutes)

SUMMARY
Seven provinces voted in support of the Traditional Leadership Framework Bill hence forming the necessary quorum to pass the Bill. Gauteng and Kwazulu-Natal failed to present their final mandates to the Committee. There was no delegate for Gauteng although the Committee was informed that the province had given a go-ahead to the delegate to support the Bill without amendment. The permanent delegate for Kwazulu-Natal informed the Committee that the province had failed to provide a final mandate due to a lack of quorum and so abstained from voting.

The Chairperson called on members to help actively pilot the implementation of this Bill on the ground as this would be a major challenge.

MINUTES
The Chair invited the delegates to tender their final mandates.

Eastern Cape
Ms Dhulane (ANC) reported that her province had noted and accepted the clarification from the Department in respect of the query raised in the negotiating mandate. She had therefore been authorised to vote for the Bill without amendment.

Western Cape
Mr Ackerman (NNP) reported that he had been given authority to vote for the passage of the Bill without amendment.

Free State
Ms Botha (DA) reported that the Free State legislature considered the clarification the Department had given in response to the queries it had raised and was satisfied. She was therefore mandated to vote for the Bill without amendment.

Limpopo
Mr Mokoena (ANC) said the provincial legislature had given him the mandate to vote for the Bill on condition that its proposed amendment to the Preamble (as in its the negotiating mandate) is effected now and not in latter amendments as promised by the Department.

Mr Ackerman faulted Mr Mokoena's report noting that the rules do not allow amendments and or pre-conditions at the stage of final mandates.

Ms Botha agreed and made the point that any amendments at this stage would mean that she has to withdraw her vote and go to seek a fresh mandate from her province.

Mr Mokoena protested that his proposal was not new having been presented to the Committee at the time for negotiating mandates.

The Chair agreed that indeed Mr Mokoena had made the proposal at the time for negotiating mandate and that the Department had accepted the suggestion to be valid and workable. The only problem was that it is not possible to accommodate this amendment during this session of the House. He said that the proposal would form part of the Committee's report to the House.

Mr Zam Titus, Advisor to the Minister, reiterated that it would be impractical to accommodate Limpopo's proposal and finalise the Bill during the current session of the House. Such an amendment would entail delegates seeking fresh mandates from provinces and the Portfolio Committee reconstituting itself for the very same purpose. He pleaded with Limpopo to be sympathetic to the time constraints and accept the proposal for a future amendment bill when the House reconvenes early next year. In any case the proposal by Limpopo does not raise questions of principle that would otherwise threaten the implementation of the legislation hence the convenience to accommodate this matter in later amendments.

Mr Mokoena sought for and was allowed time out to check with his province to see if they would be comfortable with the Department's assurance of a future amendment. On his return, he reported that his principals had in the interest of time agreed to give him authority to vote for the Bill without amendment.

Northern Cape
Ms Lubidla (ANC) noted that the province supported the Bill without amendment.

North West
Mr Maloyi (ANC) reported that the North West had resolved to vote for the passage of the Bill without amendment.

Mr Ackerman noted that a close look at the final mandate from the North West seem to suggest some ambivalence on the part of the province - it says yes and no.

The Chair observed that although the report is not categorical it, however, clearly delivers the necessary mandate for the passage of the Bill without amendment.

KwaZulu-Natal
Mr Mathee noted, with regret, that the KZN Traditional Affairs Portfolio Committee could not confer a final mandate due to the lack of a quorum at its meeting of 21 November. Hence he had been sent to the meeting empty handed. He indicated that in the circumstances he would abstain from voting on the Bill.

The Chair noted the position taken by KwaZulu-Natal but strongly advised that the province strive to deliver its final mandate to the Committee. It is critical that the province makes its position clear in writing.

Mpumalanga
Mr Mkhaliphi (ANC) reported that he had been given unequivocal mandate to vote for the Bill without amendment.

Voting on the Bill
The Chair noted that seven provinces had voted in support of the Bill hence forming the necessary quorum to pass the Bill. He then read the motion of desirability upon which Mr Ackerman put to vote and was seconded by Mr Maloyi. The Bill was dully passed.