National House of Traditional Leaders Amdendment Bill

Meeting report

LOCAL GOVERNMENT SELECT COMMITTEE
08 May 2000
DELIBERATIONS: REMUNERATION OF PUBLIC OFFICE BEARERS 2ND AMENDMENT BILL; NATIONAL HOUSE OF TRADITIONAL LEADERS AMENDMENT BILL; DISCUSSION DOCUMENT ON INSTITUTION OF THE NATIONAL HOUSE OF TRADITIONAL LEADERS

Document handed out:
Remuneration of Public Office Bearers Second Amendment Bill
National House of Traditional Leaders Amendment Bill
Discussion document towards a White Paper on Traditional Leadership and Institutions, 26 April 2000

Here follows the official minutes of the Select Committee on Local Government and Administration as provided by the committee secretary, Mr E. De Koker.

Persons from the Department on Provincial Affairs and Local Government:
Mr T Seboka;
Mr M Mokake;
Mr S Louw; and
Dr P Bouwer.

MINUTES
Remuneration of Public Office Bearers Second Amendment Bill [B 23-2000] (sec 76)
 
Mr Louw made a presentation on Clauses 3, 4 and 5.
 
Clause 3
He stated that the amendment proposed in clause 3 is a technical amendment to bring it in line with the exact meaning and with the Afrikaans version of the bill.
 
Clause 4
Clause 4 amends section 8 of the principal Act. In this clause the Minister determines the upper limit which shall be made to the pension fund of a municipal councillor. The municipal council concerned may then further negotiate a contribution lower than but not higher than the upper limit determined by the Minister.
 
Clause 5
Clause 5 amends section 9 of the principal Act. In this clause the Minister determines the upper limit which shall be made to the medical aid scheme of a municipal councillor. The municipal council concerned may then further negotiate a contribution lower than but not higher than the upper limit determined by the Minister.
 
Mr Louw requested that the bill be processed through parliament before 1 July 2000 as the financial year of municipal councils commence on this date and that provision be made in its budgets for the medical aid and pension fund contributions.
 
Mr Mokake made a presentation on clauses 1, 2, and 6.
 
Clause 1
The amendment in this clause is to correct a cross reference to the principal Act.
 
Clause 2
This Clause aims to regulate remuneration paid to traditional leaders that would include out of pocket expenses.
 
Clause 6
This clause reflects the change of name from Council of Traditional Leaders to National House of Traditional Leaders.
 
The department noted that, in individual cases, it made determinations as to what the upper limits would be. This was done for Councils who will meet prior to 1 July 2000 to approve their budgets.
 
A query was raised as to how the remuneration of traditional leaders are determined if they also hold another public office. The department responded that these leaders are paid one salary. This salary is the highest of the positions such a leader holds. A further query was raised as to who remunerates a person appointed to act on behalf of a traditional leader where such leader is occupied in another public office. The department stated that if the appointed person has been recognised by government as acting on behalf of the traditional leader, such appointee would qualify for the salary and allowance of a traditional leader. Such appointee may only act for a period of five years. 
 
National House of Traditional Leaders Amendment Bill [B 15B-2000] (sec 76)
Mr Mokake made a presentation on the bill.
 
Clause 1
This clause amends section 9 of the principal Act. This clause gives the chairperson of the National House a deliberative vote and a casting vote. Also, a chairperson of the National House may be removed by a majority of the members of the House.
 
Clause 2
The clause gives the President the prerogative to determine the fulltime members of the National House.
 
Clause 3
This clause reflects the change of name of the Ministry and Department after the 1999 general elections.
 
Western Cape raised a concern that giving the President this prerogative may create difficulties when these positions must be filled. The department responded that the National House only requested for the chairperson and deputy chairperson to be appointed on a fulltime basis. Further appointments will only be made as the need for it arises and only on recommendation of the National House.
 
Discussion Document on Traditional Leadership 
Mr Seboka introduced the Discussion Document towards a White Paper on Traditional Leadership. He mentioned that the document raises a number of issues that include:
Powers and functions of traditional leaders;
Structure of traditional leadership;
Role of youth and women in traditional leadership; and
Cross Boundary issues of traditional leadership.
 
Process
The chairperson noted that negotiating mandates are needed at the next meeting that will take place in the week of the 15 - 19 May 2000. However, if there are no objections or proposed amendments to the bills, the bills may be finalised.