Continuation of work of Subcommittee

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Meeting Summary

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Meeting report


Present: Johnny De Lange (in the chair); Frene Ginwala; Sybil Seaton; Jacob
Marais; Baleka Kgositsile; Mavivi Manzini, and Mr W Botha.

The committee went through the new draft rules. Points of interest were:

- the proposal (at draft rule 3[1]) that Ministers MUST provide parliament and its relevant committees with draft bills once they are approved by Cabinet.

F Ginwala observed that it might be better to have MAY rather than MUST since parliament cannot order the executive around in that way. J De Lange argued for MUST on the basis that it would help the provinces as well as national committees, because the problem at present is that they see the bills so late in the process that it is difficult for them to achieve an understanding of them and build up the necessary expertise. The technical advisors are to consider this wording.

- discussion around the law-making process in relation to Private Members
Bills (which seem now to be re-named "Bills initiated by Assembly members
in individual capacity").

The proposed new structure is: that the MP must achieve the National Assembly's approval in principle before the Bill can be formally introduced. Prior to a vote on that, the proposal will go through either a new Committee on Members' Legislative Proposals and/or the appropriate
portfolio committee (where the Committee on Members' Interests think that the proposal may have financial implications). There was a suggestion that the two committees should, in any case, confer. After which, the committee must make a report to the National Assembly saying either that they recommend that it be proceeded with or that it be approved in principle.


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