Committee Report on Constitutional Review: adoption; Provisions of Interim Constitution still in operation

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Meeting Summary

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Meeting report

Joint Constitutional Review Committee

28 October 2005

Chairperson : Dr. E. Schoeman ( ANC )

Documents handed out :
Joint Constitutional Review Committee Report
Legal Services Office: Provisions of the Interim Constitution still in operation

The Committee adopted its Committee Report on its Constitutional Review of 2005. It received 17 submissions dealing with the following sections of the Constitution, Property : section 25, Traditional Leaders : section 211 and 212, Equality clause: section 9, Interpretation Clause : section 39, Limitation Clause : section 36, Marriage, Innocent until proven guilty, Prisoner’s right to vote, Provision of Old Age Homes, Right to Life and Death Penalty : section 11, Health Care Services: section 27, Care of Children’s rights : section 28, The Independence of the Judiciary , section 165 (2), Section 184 (2) (d) , Chapter 9 of the Constitution, Section 146 (6), Animal Rights and Section 24, Religion : Section 15, Labour relations : Section 23, Co- operative Government : Section 40 (1) , Parliament and Local Government.

Provisions of the interim constitution still in operation
The Chair noted that the Report from Department of Justice and Constitutional Development on provisions of the interim constitution still in operation had been completed.

He explained that the Department of Justice and Constitutional Development had contacted the different departments affected by these provisions and requested that that each department responded with a response. Advocate Rudman (Department of Justice: Legislation) had informed him that these responses had been compiled, and that it was a very extensive report, and the matter had escalated considerably. He said that the Minister of Justice and Constitutional Development had decided that the implications of the report were such that she would like to submit the report to Cabinet for approval first before it came to the Committee.

Advocate Rudman assured the Committee that the report would come to this Committee once Cabinet had dealt with it, and that this would only be next year.

Joint Constitutional Review Committee Report
The Parliamentary Legal Adviser, Adv. Gordon, went through the amended Report which had incorporated the Committee’s views and recommendations (see document).

There were some minor typing errors and points of clarity requested by Mr. Jeffrey’s (ANC)

Dr. Schoeman requested a temporary adjournment to form a quorum so that the report could be adopted. The quorum was formed and the Committee accepted the amended report unanimously .

The Chairperson noted that there was no presence from the official opposition. He commented that the Democratic Alliance had made a huge fuss that insufficient members of the ANC were present at the last Joint Constitutional Review meeting, however he said that the DA had made a valuable contribution to that meeting.

Mr. Jeffrey’s (ANC) asked for a brief debate of the tabled report in the National Assembly.

Mr. S Shiceka from the NCOP (ANC) asked for the tabled report to be debated in both the National Assembly and the National Council of Provinces as this would be beneficial to the public interest.

Meeting adjourned.


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