Administrative Justice Bill: voting

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Justice and Correctional Services

20 January 2000
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Meeting report

JUSTICE AND CONSTITUTIONAL AFFAIRS PORTFOLIO COMMITTEE; SECURITY AND CONSTITUTIONAL AFFAIRS SELECT COMMITTEE
21 January 2000
ADMINISTRATIVE JUSTICE BILL: VOTING

Documents handed out
Working Document - Administrative Justice Bill (AJU 67e)

SUMMARY
The committee voted on the remaining clauses of the Promotion of Administrative Justice Bill. There were only slight amendments made to the clauses that required voting. The Chair proposed that part of the Preamble be deleted. All members were in favour. The Promotion of Administrative Justice Bill was voted on as a whole Bill. 11 members voted in favour of the Bill, and 2 abstained.

MINUTES
Adv de Lange asked that members vote on enacting this Bill. 14 members voted in favour of enacting the Bill, and 4 voted against it. The Chair stated that the Preamble will be voted on last. The results of the voting were as follows:

Clause 1 Definitions
"adminstrative action", "administrator", and "Constitution" were carried by a vote of 10 to 5 on a previous occasion.
"court" was carried by a vote of 9 to 6 on a previous occasion.
"decision" without {[up,]} was carried by 16 votes in favour and 2 against.
"empowering provision" was previously carried by a vote of 10 to 4.
"failure" carried unanimously with 15 votes on a previous occasion.
"Minister", "organ of state", "prescribed", and "public" all carried unanimously with 16 votes earlier.
"this Act", and "tribunal" carried with 18 votes unanimously on a previous occasion.

Clause 2: Application of Act
Adv de Lange asked that two amendments be made. First, to delete "administer" in 2(1)(a), because it is too broad a term, and secondly, that 2(2) be changed to read "any exemption or permission granted in terms of subsection (1)(a) must, before publication in the Gazette, be approved by Parliament."
The Chair put this clause to a vote with the suggested amendments. 10 members voted in favour, 1 against, and 3 abstained.

Clause 3: {Procedurally fair} Administrative action affecting any person
The committee voted 12 to 6 in favour of retaining "procedurally fair" in the title. Adv de Lange asked that subsection 3(2)(d) be amended to read: "right of review, or internal appeal; where applicable". 9 members in favour of the clause with its amendments, 1 voted against, and 4 abstained.
The committee previously voted on the remaining subsections.
3(3) and 3(4) carried with a vote of 12 to 6. 3(5) carried unanimously with 18 votes.

Clause 4: Administrative action affecting public
The voting on Clause 4 was as follows:
4(1) carried 13 to 5
4(2) carried 14 to 4 as amended with "report in writing"
4(3) carried unanimously with 18 votes
4(4) carried 12 to 6

Clause 5: Reasons for administrative action
Members voted 12 to 6 in favour of subsection 5(1), and voted unanimously in favour 5(2) and 5(3).
Subsection 5(4)(a) and (b) carried with a vote of 12 to 6, while 5(5), and 5(6) carried unanimously.

Clause 6: Judicial review of administrative action
Adv de Lange noted that he would like to make certain amendments. First, to delete 6(2)(f)(ii), and to use {purportedly} in 6(2)(h), and secondly, to insert {[to which this Act applies]} in both 6(3)(a)(i) and 6(3)(b)(i). The Chair stated that previously this clause had carried with a vote of 12 to 6. He put the clause up for voting with the amendments, and it was carried by a vote of 9 in favour, 3 against, and 2 abstentions.

Clause 7: Procedure for judicial review
7(1) carried unanimously as stated.
7(2) with the has in (a) was put to the vote. 10 voted in favour, 2 against, and 2 abstained.
7(3), (4), and (5) carried unanimously with 14 votes.

Clause 8:
8(1) was carried unanimously on a previous occasion.
8(2)(b) without [or] carried unanimously with 18 votes on a previous occasion.
A vote occurred for 8(2)(d) with the inclusion of {(d) as it costs}. All committee members voted in favour of it.

Clause 9: Variation of time carried unanimously on a previous occasion.

Clause 10: Regulations
The Chair called for a vote with the exclusion of {[rules to regulate]} in 10(1)(b) and (1)(c), and with the inclusion of the proposed insertion in 10(1)(e). The committee voted in favour with 12 votes and 1 abstention.

Clause 11: Short title and commencement
The committee voted unanimously to agree to the long title.

Preamble
The Chair pointed out that the section that begins "AND RECOGNISING THAT -" is deleted. The committee voted unanimously in favour of the Preamble.

The Chair then put the whole Bill up for voting. 11 Members voted in favour of the Bill, and 2 abstained.

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