Outstanding Legal Opinions & categorization of 2022 public submissions

Meeting report

The meeting was not listed on the z-list and PMG was not present. The below is compiled based on the Committee’s official minutes

Opening and Welcome

The Committee Co-Chairperson declared the meeting open. He welcomed all present on the platform to the meeting. The agenda was read and agreed to by the Committee while apologies were noted.

Presentation by the Committee Content Advisor on legal opinions

Committee Content Advisor, Ms Sisanda Sipamla, presented a summary of the legal opinions received from the Parliamentary Legal Services regarding the submissions referred to them. The Committee considered a total of ten submissions.

The Committee agreed not to recommend the following submissions for amendment;

• Mr Kgosiemang Moloko proposed adding a chapter 9 Institution called The Commission for Internal Auditors (AGSA) Auditor-General of South Africa.
• South African Secular Society proposed the amendment for the removal of reference to God in the preamble of the Constitution.
• Proposal by Mr Justine Ballot on the amendment to sections 1; 2; 11; 12; 14; 27; 35; 38 was also found to be undesirable for recommendation by the Committee.  
• Proposal by Mr Justine Ballot on the need for constitutional provisions to protect officials against corrupt instructions and the need to review the Constitution to include the right against self-incrimination.
• Mr Romola Naidoo’s submission for the review of sections 18; 22; 27(1)(b); 34; 37(1)(a) and (b); 171; 173; 174(5); 178(1) (e) & (j) of the constitution.

To engage further and consult more regarding the following submission;

• Martin van Staden from the Free Market Foundation sought the review of s1 and s36 cross-referenced with s37 of the Constitution.
•  Proposal by Mr Andries Havenga to review of all accountability provisions, namely section 19 in Chapter 2; section 89 (b), which provides for the removal of the President and Section 96 deals with the Conduct of Cabinet members.
• Proposal by SK Khutso on behalf of Valodagoma to review s6(1) to make Khilovedu an official language.
• Proposal by Adv. Paul Hoffman to consider a new Chapter 9 institution aimed at fighting corruption.
• Equal Education submission proposing a review and amendment of s100 regarding National Interventions in schooling matters by strengthening & making it more effective. The Committee will consult with other relevant government departments affected by the proposal before reaching a conclusion.

Briefing on the categorisation of 2022 Submissions

The Content Advisor further briefed the Members on the 2022 submissions, outlining the contents of the submissions and grouping them in line with the criteria adopted by the in terms of those that do not fall within the mandate of the Committee (category 1) those that the Committee could readily deal with (category 2) and those that will require the Committee to further deliberate upon or to seek legal opinion (category 3).

The Committee agreed with the proposed categorisation of submissions as proposed by the Content Advisor.

The Committee agreed to further deliberate on all submissions before making appropriate recommendations, including identifying submitters for further deliberations.

The meeting adjourned at 13:20.