Fire Brigade Services Amendment Bill: discussion

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FIRE BRIGADE SERVICES AMENDMENT BILL: NEGOTIATING MANDATES

LOCAL GOVERNMENT AND ADMINISTRATION SELECT COMMITTEE
5 April 2000
FIRE BRIGADE SERVICES AMENDMENT BILL [B63B-99]: NEGOTIATING MANDATES

Documents handed out:
Fire Brigade Services Amendment Bill
Negotiating Mandate of Kwazulu Natal (Appendix 1)
Negotiating Mandate of Northern Cape (Appendix 2)

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

Chairperson
: Mr M Bhabha (ANC)

MINUTES
Fire Brigade Services Amendment Bill [B 63B-99] (sec 76)

The Committee discussed the contents of the negotiating mandates and the proposed amendments of KwaZulu-Natal (See Appendix 1) and Northern Cape (See Appendix 2).

Upon enquiry, KwaZulu-Natal motivated these amendments on the basis that legislation emanating from this Parliament must be consistent with the terminology and spirit of the new Constitution (Act 108 of 1996) and new dispensation.

Paragraphs 1 and 2 of the KwaZulu-Natal document states that the word "Premier" is in keeping with the new Constitution and that "Administrator" is inappropriate in this instance. Northern Cape's proposal is along the same line.

Paragraph 3 of the KwaZulu-Natal document states that a reference to race and gender should be included in Clause 2(b) of the Bill. The rest of the document is a suggestion that the Principal Act be further amended at a later stage to reflect the transformation of the new government.

The chairperson requested delegates to canvass the proposals of KwaZulu-Natal and Northern Cape with their respective provinces and obtain a fixed mandate by the next committee meeting. The chairperson also commended the provinces, in particular KwaZulu-Natal and Northern Cape, for the thorough consideration of the Bill and quality of proposals.

The meeting adjourned at 15:07.

Appendix 1:

NATIONAL COUNCIL OF PROVINCES
NEGOTIATING MANDATE
PROVINCE : KWAZULU - NATAL LEGISLATURE
BILL : Fire Brigade Services Amendment Bill [ B 63 B - 99 ]

PROVINCIAL PROCESS
Provincial Portfolio Committee : Local Government
Provincial Meeting Dates : 23 February 2000
Provincial NCOP meeting date : 31 March 2000
Consultation : Committee Legal Advisor

Amended Clauses
The committee unanimously agreed to support the bill subject to the following amendments:

1. Clause 1
Insert the following definition:
" ' Premier ' means a person elected in terms of section 128 ( 1 ) of the Constitution, Act 108 of 1996 ".

2. Clause 2 ( a )
Substitute the proposed subsection 2 ( b ) with the following:
" one person each, designated by the Premier of each Province "

3. Clause 2 ( b )
Substitute the proposed subsection 2 A with the following :
" The board must, if possible, broadly reflect the race and gender composition of South Africa "

Suggestion
In addition, the Committee suggests that the Principal Act ( Fire Brigade Services Act, 1987 [ Act No 99 of 1987 ] ) be further amended to reflect the transformation and the new government by :

1. Substituting the references to the previous Constitution with reference to the Constitution, Act 108 of 1996, dispensation, viz. the following

( a ) insert the definition of the Constitution to read as follows:
" ' Constitution ' means the Constitution of the Republic of South Africa, 1996, Act 108 of 1996 ";

( b ) in the definition of Minister, substitute paragraph ( a ) for the following:
" ' Minister ' means -
( a ) except in paragraph ( f ) of the definition of " local authority " and sections 2, 15 and 17, the [ competent authority within the government of a province to whom ] Member of the Executive Council of a Province responsible for the administration of this Act [ in that province has been assigned under section 235 ( 8 ) of the said Constitution ]; and "

( c ) in the definition of province delete the phrase " section 124 of the said Constitution " and substitute it with the phrase " section 103 of the Constitution "

2. Re - considering the definition of the term " Administrator " to provide for the appropriate term, i.e.. Either the " Premier ", " Minister " or
" Transitional Local Council ". It is apparent that this term may refer to different persons in different sections of the Act.
In this regard attention is drawn to section 6 B ( 2 ), section 11 ( 1 ), section 11 ( 2 ) ( a ), section 11 ( 3 ) ( a ), section 12 ( 3 ), section 13, section 16 ( 2 ), section 17 ( 1 ) and section 17 ( 2 ).

NATIONAL PROCESS
Select Committee : Local Government and Administration
Select Committee Meetings Dates
Briefings : 10/03/2000
Deliberations
Plenary : 13/04/2000

PROVISO
The Provincial Standing Committee on the National Council of Provinces mandates the kwaZulu - Natal delegation to the National Council of Provinces to support the Fire Brigade Services Amendment Bill [ B 63 B - 2000 ] as tabled in the Select Committee on Local Government and Administration and any further amendments, providing that:

1. Such amendment/s does / do not alter the essential elements of a Bill;
2. Consensus is reached on such proposed amendment/s by the
kwaZulu - Natal delegates attending the Select Committee finalising the bill and / or the plenary session of NCOP voting on the bill;

In the event of the proviso not being complied with, the proposed amendment/s must be referred to the provincial standing committee on NCOP for decision.

PROVINCIAL ENDORSEMENT

---------------- ------------------
Mr P Powell DATE
( Chairperson: NCOP Standing Committee)

Appendix 2

NATIONAL COUNCIL OF PROVINCES
NEGOTIATING MANDATE
PROVINCE : NORTHERN CAPE LEGISLATURE
BILL : Fire Brigade Services Amendment Bill [ B 63 B - 99 ]

That the Northern Cape's Permanent delegates to the National Council of Provinces are hereby mandated to vote for the Bill with the following amendments:

That the word 'Administrators' in section 2(f) be substituted with the phrase 'Responsible Members of the Executive Council'.

That the Northern Cape's Permanent delegates to the National Council of Provinces are hereby mandated to vote for the Bill.

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