Committee Programme for 1999: discussion

Documents handed out:
Letter from Madam Speaker to the Chairperson of the Portfolio Committee on Communications (Appendix)

SUMMARY
The agenda for the session was outlined by the Chairperson.

DETAILED MINUTES
The Chairperson, Mr Moeti, informed the committee that they would have to consider the Broadcasting Bill [B94D-98] which had been referred back to Parliament by the President's Office. Interviews for the SATRA and IBA councillors would also have to be undertaken. He mentioned that he asked the Minister of Post and Telecommunications, Mr Naidoo, to brief the committee on the problematic sections of the Broadcasting Bill.

Ms Smuts (DP) mentioned that a letter of resignation had been received from an IBA Councilllor, Mr Mlamla Booi, last week, which was similar in content to another IBA Councillor, Pietie Lotriet, who had resigned the previous year. She said that the committee should look into existing problems of the IBA.

Regarding the report on the enquiry of the IBA, Ms Smuts wanted to know when the Public Protector would table it. She said the report should be looked at by the committee before Parliament went into recess.

The Chairperson said that report would be discussed in the Public Accounts committee. He would request a joint meeting to discuss the report.

Mr Kekana (ANC) said the State Law Advisors should assist the committee with the Broadcasting Bill as well as the President's legal advisor, if possible.

Concerning the IBA issue which Ms Smuts raised, Mr Kekana said the committee would consider the report when the Public Protector submitted it. He said the IBA issue could be discussed when the committee looked at the IBA and SATRA merger, which was part of the agenda for this session. He said salary cuts was one of the problems which the IBA councillors had been experiencing.

Ms Smuts responded that the problem was not merely about salary cuts.

The Chairperson informed the committee that the meeting should adjourn so that the parties could discuss the correspondents surrounding the Broadcasting Bill [B94D-98] as well as the SATRA interviews.

At this time, Minister Naidoo arrived and informed the committee on the two sections which needed clarification by the committee. These were section 40(1)(a) and 13(a) in the Schedule. No questions were asked and the Chairperson, once again, adjourned the meeting.

Appendix: Letter from Madam Speaker to the Chairperson of the Portfolio Committee on Communications

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA

3 February 1999

Mr S E Moeti, MP

Chairperson : Portfolio Committee on Communications

National Assembly

Dear Mr Moeti

BILL REFERRED BACK TO NATIONAL ASSEMBLY BY PRESIDENT

The President has referred the Broadcasting Bill [B 94D - 98] back to the National Assembly for consideration of the reservations about its constitutionality as contained in his letter dated 22 January 1999. (Copy of letter attached).

The President's reservations are referred to your committee for consideration.

I draw your attention to Joint Rule 150, which states:

150. (1) On receipt of a remitted Bill the Speaker must refer the Bill and the

President's reservations to an Assembly committee.

(2) The committee -

(a) must consider, and confine itself to, the President's reservations:

(b) may consult the Parliamentary Law Adviser on the legal issues involved, or instruct the Parliamentary Law Adviser to obtain a legal opinion on any of the issues from a constitutional expert approved by the JTM;

(c) must confer with the corresponding Council committee if -

(i) the reservations relate to a procedural matter that involves the Council; or

(ii) the Bill concerned is a constitution amendment Bill that was passed also by the Council, or a section 76 or a mixed section 75/76 Bill; and

(d) must report to the Assembly on the President's reservations.

(3) If the committee agrees with the President's reservations, the committee must-

(a) recommend in its report how any procedural defect can be corrected, if the reservations relate to a procedural matter;

(b) present with its report an amended Bill correcting any constitutional defect in the substance of the Bill, if the reservations relate to the substance; or

(c) recommend that the Assembly rescind its decision to pass the Bill and reject the Bill, if it regards the Bill as being procedurally or substantively so defective that it cannot be corrected.

Yours sincerely

FRENE GlNWALA

SPEAKER OF THE NATIONAL ASSEMBLY