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AGRICULTURE & LAND AFFAIRS PORTFOLIO COMMITTEE
05 March 2002
PLANNING PROFESSION BILL: DELIBERATIONS
Chairperson: Adv. S.P. Holomisa
Documents handed out:
Planning Profession Bill
The Chairperson told the Committee that State Law Advisors were not part of the initial drafting of the Bill. Whilst the Committee and the Department were considering the Bill, State Law Advisors identified some issues that were not in line with the general laws of the country. The Committee and the Department agreed that the Bill would not be finalized this term; this would allow those issues to be looked at thoroughly.
Advocate K Myburgh, a State Law Advisor from the Department of Justice, told the Committee that they were still busy with the final draft of the Bill and that draft would be made available to the Committee in due course.
The Chairperson said, given what Adv. Myburgh just said, the Committee should make room for any changes that the State Law Advisors would come up with in their final draft.
This section was about people who would form part of the Interim Council.
In the draft Bill on page 5, in line 34, to omit paragraph (3), and to substitute the following paragraph:
"(4) In selecting appointees to the Council, the Minister must have due regard to the planning profession principles contained in section 2 of this Act, and the need to ensure and promote the representation and diversity of interests including gender, disability, and demographic balance."
Mr L. Dlali (ANC) suggested that "representation" should be changed to "representivity" so that all the issues that follow in that sentence were addressed, issues like gender, disability, and demographic balance.
Adv. Myburgh said these were the issues they would like to deal with when they make their final draft.
Dr T Makgalemele from the Department argued that "representivity" sometimes did not address other issues, for example disability; it only addressed issues of race and gender.
The Deputy Minister added that "interests" and "representivity" could not be linked. Instead one would say to promote representivity. He said the Minister should not be restricted in terms of who should considered to be part of the Council.
Chairperson said the Department would look at these issues and ensure that the Bill did not lose sight of its objective, that of transforming the Planning Profession.
New sub clause 10(4)
"The Minister may suspend or revoke a decision of the Council if it is in the public interest to do so and there exists good grounds therefore".
Mr A Van Niekerk (FA) with regard to Clause 10(4) suggested that certain mechanisms should be made to allow time for negotiations. He said he saw a situation where the Minister was given blanket powers.
The Deputy Minister agreed that the Council should be given an opportunity to rectify and change the decision before the Minister could take such steps.
The Chairperson said, be that as it may, the Minister as a custodian of public interest should be involved and take the necessary steps if possible.
On Clause 13 Dr Makgalemele had to clarify the definition of a Candidate Planner; that a Candidate Planner was a person who had just qualified but not yet a fully-fledged planner.
Mr S. Farrow (DP) said from the outset the Department and the Committee should have found proper definitions of the terms to avoid the confusion of terminology.
Dr Makgalemele said the problem that they had initially was the definition of a planner. That is why they had problems in defining other categories of planners.
An official from the Department said they would improve the sequencing and clarification of definitions in their final draft of the Bill.
Deputy Minister suggested that a Candidate Planner should be changed to Trainee Planner.
Mr K. Kabagambe from the Department said it was just a matter of precedence that the term candidate planner was used; otherwise they would always accept the usage of new terminology.
Dr Makgalemele said there was a category of people who did not have formal training and were also referred to as Candidate Planners. But she said she would not like that to be discussed in the meeting.
Mr Farrow suggested that the Committee should go back to Clause 16 for the explanation of the word "reserved".
Adv. Myburgh replied that "reserve," meant to set aside certain things for a certain group of people.
Ms B. Ntuli (ANC) cautioned the Department on the issue of property owners doing their own planning. She said there should be a way of monitoring individual planning.
Mr P. Gerber (ANC) said someone could not do anything without complying with the Planning Legislation set out by the government.
Mr D. Maluleke (DP) asked who would be responsible for monitoring the creation of a subdivision in individual planning.
The Deputy Minister said that would be the responsibility of that relevant Municipal Council. The Land Use Management Bill would be used in looking at whether that type of planning is in line with the legislation.
Dr Baloyi said on Clause 17, anything that had something to do with rules should be put in the Rules category in a section that was specifically meant for that purpose.
Adv. Myburgh said he understood what Dr Baloyi was saying but it was not always easy to do so. However, the Department would look at that.
In Clause 19 the Chairperson said the Committee should decide whether investigation should be made by the Committee.
Mr M. Maphalala (ANC) said that should depend on the circumstances and the nature of the case investigated.
On Clause 25 Mr Farrow said the issue of an alternative member that was raised in previous meetings has not be captured.
Adv. Myburgh said they have not dealt with all the comments; they still had to come with a final draft to the Committee.
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