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ECONOMIC AND FOREIGN AFFAIRS SELECT COMMITTEE
12 December 2005
DIAMOND SECOND AMENDMENT BILL
Acting Chairperson: Ms P Themba (ANC)
Documents handed out:
Diamonds Second Amendment Bill [B39B-2005]
9 Provincial Final Negotiating mandate (see Appendix)
Draft Committee Report on oversight visit to the Eastern Cape
The negotiating mandates of the provinces on the Diamond Second Amendment Bill were presented. All provinces supported the Bill. The Committee adopted the Bill.
The provinces reported on their negotiating mandates. They all mandated their delegates to vote in favour of the Bill. There would be a debate on the Bill the 13th December 2005.
APPENDIX MPUMALANGA: FINAL MANDATE 12 December 2005
MPUMALANGA: FINAL MANDATE
12 December 2005
DIAMONDS SECOND AMENDMENT BILL [B39B – 2005]
The Portfolio Committee on Agriculture and Land Administration; Economic Development and Planning (the Committee) deliberated on the Diamonds Second Amendment Bill [B39-2005] (the Bill).
After consideration, the Committee supported the Bill as it stands.
The permanent delegates representing the Province Mpumalanga in the National Council of Provinces a conferred with authority and mandated to vote in favour of the Bill
HOM: YN PHOSA: SPEAKER : MPUMALANGA LEGISLATURE
LIMPOPO LEGISLATURE 07 December 2005
07 December 2005
CONFERRAL OF VOTING MANDATE ON THE DIAMONDS SECOND AMENDMENT BILL, 2005 [B39B-2005)
Kindly be informed that Limpopo has at its sitting held on Friday, 02 December 2005 adopted the report of the Portfolio Committee on Economic Development, Environment and Tourism on the Diamond Second Amendment Bill, [B39B –2005] and conferred mandate to our NCOP Delegates to vote in favour of the Bill to pass into law.
Copy of the report of the Portfolio Committee is attached herewith for your easy reference.
SPEAKER: LIMPOPO LEGISLATURE
EASTERN CAPE PROVINCIAL LEGISLATURE 09 December 2005
EASTERN CAPE PROVINCIAL LEGISLATURE
09 December 2005
REPORT OF THE PORTFOLIO COMMITTEE ON ECONOMIC AFFAIRS, ENVIRONMENT AND TOURISM
1. Terms of reference
The Diamonds Second Amendment Bill herein after referred to as the Bill was referred to the Portfolio Committee on Economic Affairs, Environment and Tourism on the 17 November 2005 by the NCOP Business Committee for consideration
The Committee was briefed by Permanent Delegate Hon. DG Mkono on the content of the Bill on 22 November 2005.
The Committee advertised the proposed amendments and invited comments input on the Bill from the public. No inputs were received from outside the Legislature.
4. Final Mandate
The Committee having consideration the Bill and proposed amendments resolved that the following final mandate be conferred:
(1} To support the Bill and proposed amendments to the Bill [B39B-2005]
(2) To recommend that the Permanent-Delegate, Hon DG Mkono, be designated to attend the meeting on Final Mandates on behalf of the Eastern Cape
Chairperson: Portfolio Committee on Economic Affairs, Environment and Tourism Eastern Cape Provincial Legislature, Province of the Eastern Cape
Hon GP Masualle
Chairperson: Portfolio Committee on Economic Affairs, Environment and Tourism
Eastern Cape Provincial Legislature, Province of the Eastern Cape
FREE STATE - FINAL MANDATE
02 DECEMBER 2005
TOURISM, ENVIRONMENTAL AND ECONOMIC AFFAIRS COMMITTEE
Conferral of authority to vote on Diamonds Second Amendment Bill[B39B-2005]
1. Terms of Reference
The Diamonds Second Amendment Bill [B39B-2005] has been referred to the Local Government and Housing Committee by the Speaker on 21 November 2005.
(1) On the 21 November 2005, Ms. S. Mabe NCOP Permanent delegate of the Free State briefed the Committee on the content of the Bill.
(2) Mr. T.H. Malakoane, Assistant Legal Advisor of the Free State Legislature briefed the Committee on the legal substance and effects of the Bill.
The House, on 2 December 2005 adopted the recommendation of the Committee for:
a) Authority be conferred to the Free State delegation to vote for the adoption of the Bill.
MR M DUKWANA
FREE STATE LEGISLATURE
06 December 2005
GAUTENG - FINAL MANDATE
From MR RM MDAKANE: SPEAKER
To Hounorable MJ Mahlangu : Chairperson of NCOP
Dear Hon Mahlangu
RE: MANDATE TO THE GAUTENG DELEGATION IN RESPECT OF THE DIAMONDS SECOND MENDMENT BILL [B39B-2005] - Section 76.
In terms of Section 65 of the Constitution of the Republic of South Africa Act, (Act 108 of 1996), the Gauteng Provincial Legislature adopted the attached report, which contains the Final Voting Mandate to our provincial delegation in respect of the following bill:
1. Diamonds Second Amendment Bill [B39B-2005)-Section 76.
MR RM MDAKANE: SPEAKER
ECONOMIC AFFAIRS PORTFOLIO COMMITTEE FINAL MANDATES ON DIAMONDS SECOND AMENDMENT BILL [B39B-2005] SECTION 76
The Chairperson of the Economic Affairs Committee, Mr M Gungubele tables the Committee's Final Voting Mandate on the Diamond Second Amendment Bill [B39B – 2005] as follows:
2. PROCESS FOLLOWED
The Speaker formally referred the Diamond Second Amendment Bill (B39B - 20051, a Section 76 Bill to the Economic Affairs Committee on 16 November 7005
The Committee in its meeting of the 21st November 2005 was briefed by the Chairperson of the Committee, Mr Mondli Gungubele and on Tuesday, 22 November 2005. received an analysis on the socio-economic impact from the Researcher.
On Friday, 25 November 2005 the Committee deliberated on the Bill and adopted the Negotiating Mandate and on 05 December 2005, adopted the Final Voting Mandate on the Bill.
3. PRINCIPLE AND DETAIL OF THE BILL
The Bill seeks to amend the Diamonds Act of 1986.
The Bill also seeks to increase the supply of diamonds to local cutters and polishers of Diamonds and encourages the entry of Historically Disadvantaged Individuals into the diamond market.
The Committee agrees with the Principle and Detail of the Bill
4. FINANCIAL IMPLICATIONS OF THE BILL
The Bill has no financial implications for the province.
5. COMMITTEE POSITION
The Committee supports the Bill with no proposed amendments.
The Economic Affairs Committee supports the Principle and the Detail of the Diamond Second Amendment Bill (B39B - 2005] as negotiated in the meeting of the Select Committee on Economic and Foreign Affairs at the National Council of Provinces on 1 December 2005
7. FINAL VOTING POSITION ADOPTED BY THE COMMITTEE
In terms of Section 65 of the Constitution, the Economic Affairs Committee recommends that the House confer authority on the Head of its Delegation to the NCOP to vote in support of the Diamond Second Amendment Bill [B39B-2005]- section 76.
From MR RM MDAKANE : SPEAKER
To Honourable M J Mahlangu : Chairperson of the NCOP
Dear Hon Mahlangu
RE: SPECIAL DELEGATES FOR GAUTENG PROVINCE
Please receive herewith, the resolution appointing Special Delegates for the Gauteng Province to attend the NCOP Plenaries scheduled for Tuesday, December 2005 respectively
MR RM MDAKANE: SPEAKER
GAUTENG PROVINCIAL LEGILSLATURE
06 December 2005
Appoint the following Members as Special Delegates to attend the NCOP Plenaries
on the following:
1. Fur the Plenary on the Diamond Second Amendment Bill [B39B-2005] Section 76 scheduled for Tuesday, 13 December 2005
Mr M Gungubele (ANC)
2. For the Plenary on the Constitution Twelfth Amendment Bill [B33B-2005]
Section 74 scheduled for Wednesday 14December 2005.
Mr V W Mbatha (ANC)
Proposer :MR GM NKOMFE SECONDER: MR JB BLOOM
MR RM MDAKANE
KWAZULU - NATAL - FINAL MANDATE
KWAZULU-NATAL PRWICIAL PARLIAMENT
NATIONAL COUNCIL OF PROVINCES
PROVINCE : KWAZULU-NATAL
BILL : DIAMONDS SECOND AMENDMENT BILL [B39B-2005)
DATE : Wednesday, 7th DECEMBER 2005
PROVINCIAL PROCESS :
Provincial Portfolio Committee/s : Finance and Economic Development
Portfolio Committee meeting date/s : Friday, the 18th of NOVEMBER 2005
Provincial NCOP meeting date/s : Wednesday, the 7th of DECEMBER 2005
Consultation : Parliamentary Legal Advisors, Special & Permanent Delegates
VOTE OF THE KWAZULU-NATAL PROVINCIAL LEGISLATURE:
The Provincial Standing Committee on National Council of Provinces Matters met today, Wednesday the 7th of December 2005. & agreed to mandate the KwaZulu-Natal delegation National Council of Provinces to support the Diamonds Second Amendment Bill [B39B – 2005] as tabled.
The delegation is further mandated to consider any additional amendments, providing that –
1 ) the amendment/s does/do not alter the essential elements of the Bill; and
2) consensus is reached on The proposed amendment/s by the KwaZulu-Natal delegation.
MRS L G NGCOBO : CHAIRPERSON
KWAZULU-NATAL STANDING COMMITTEE ON NATIONAL COUNCIL OP PROVINCES MATTERS
NORTHERN CAPE - FINAL MANDATE NORTHERN CAPE PROVINCIAL LEGISLATURE
RESOLUTION OF THE NORTHERN CAPE PROVINCIAL LEGISLATURE
DIAMOND SECOND AMENDMENT BILL [B39B-2005]
NORTHERN CAPE - FINAL MANDATE
NORTHERN CAPE PROVINCIAL LEGISLATURE
The House met to consider the Final Mandate on the Diamond Second Amendment Bill [B39B-2005]
The .House takes note of the concerns raised by the affected communities and in the absence of minutes of the Negotiating meeting at the NCOP.
The House now mandates our Permanent Delegates to support the Bill and vote for the Bill.
Resection adopted on this 02nd day of December 2005
GC JIEKELLA: DEPUTY SPEAKER
NORTH WEST PROVINCIAL LEGISLATURE
NORTH WEST - FINAL MANDATE
08 December 2005
FINANCE ECONOMIC DEVELOPMENT & TOURISM PORTFOLIO COMMITTEE
REPORT ON FINAL MANDATE ON THE DIAMONDS SECOND AMENDMENT BILL [B39B-2005]
TERMS OF REFERENCE
The Diamonds Second Amendment Bill [B39B - 2005] was received by the Committee from NCOP via the Speakers Office.
The Committee conducted a meeting on the above mentioned Bill on the 08th December 2005 for consideration.
The North West Province supports the essence and principle of the Bill and recommends that the Bill be passed. The committee after considering the Bill mandated the permanent members of NCOP to vote in favour of the Bill.
HON S.O.R. MAHUMAPELO
CHAIRPERSON; ECONOMIC DEVELOPMENT & TOURISM POERFOLIO COMMITTEE
WESTERN CAPE-FINAL MANDATE
06 December 2005
Final Mandate of the Western Cape Provincial Parliament
Report of the Standing Committee on Finance and Economic Development, on the Diamonds Second Amendment Bill [B39-2005](NCOP), dated 6 December 2005, as follows:
The Standing Committee on Finance and Economic Development, having considered the subject of the Diamonds Second Amendment Bill [B39-2005] (NCOP), referred to the Provincial Parliament in terms of the rules of the National Council of Provinces (NCOP), begs to report that it confers on the Western Cape's delegation in the NCOP the authority to support the Bill without amendment.
MR G R STRACHAN : CHAIRPERSON
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