Briefing & Deliberations on Delegation of Delegates Bill, Constitution of RSA Amendment Bill & its Second Amendment

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Cooperative Governance and Traditional Affairs

18 August 1998
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Meeting report

POTRFOLIO COMMITTEE ON CONSTITUTIONAL AFFAIRS

POTRFOLIO COMMITTEE ON CONSTITUTIONAL AFFAIRS

19 August, 1998

BRIEFING AND DELIBERATIONS ON THE DELEGATION OF DELEGATES BILL, CONSTITUTION OF RSA AMENDMENT BILL AND ITS SECOND AMENDMENT

Documents handed out

Determination of Delegates bill

Constituion of RSA Amendment bill

Constitution of RSA 2nd amendment

Proposed Amendments

Memorandum form the Director – Mr Fanie Louw

Summary

The Committee discussed two bills, namely the Determination of the delegates bill and the Constituion of RSA Amendment bill.

Detailed Minutes

An official from the dept. read out a report which was, according to him divide into three parts namely:

1. Problems arising in parliament

  1. Provisions of the rules and Regulations i.e what exactly should committee do
  2. Proposed solution for instance, the proposed solution was that report be approved by the committee.

Sub committee will meet at 13h30 only if the IFP has decided to oppose or object to the bill, but if IFP is not objecting there will be no need for meeting as it is the only party opposing the bill. PAC and the FF were not present in the previous sub committee meeting.

Determination of Delegates bill, report was made by Mr Brower also from the department of the constitutional affairs. The document named Determination of Delegates bill Proposed Amendments were … out as to consolidate the report. The committee chairperson decided that the report was only two pages and therefor not enough as it did not cover some aspects of the bill or rather some critical or sensitive parts of the bill. This matter should be re-considered by the sub committee. All members agreed that the matter be referred back to the sub committee and only to come to planery committee after it has been made a concrete and proper report. Sub committee should exhaust all possible loopeholes before bringing the matter to the committee because now there is nothing to discuss. On Friday the committee will look at the bill and will go into note if necessary.

The second bill discussed was the constitution of the RSA second Amendment bill. There is a feeling that those who want a Cross Border Municipality (CBM) should explain why there should be a move from the existing municipalities to CBM’s and what effect would the constitutional amendments have to these CBM’s

Mr F Louw, Director of Local Government Administration handed out the document which he explained as a memorandum and in this document there are maps of the areas that are mostly affected by the Amendments. The copy of this documents is attached here.

The department in answering the first question, it proposed that this matter should be tackled by answering the questions viz.

  1. Do we need a constitutional Amendment?
  2. Then what are the constitutional implications?

The one question was yes, we need a constitutional amendments so that the intergrity of the Demarcation committee is not undermined at the end of the day.

Section 155(6) of the constitution says each provincial government must establish its municipality in its province. This is a clear indication that Cross Boundary Municipality may not be established. Another suggestion was that this can be done through an Agency agreement between two provinces, but the problem is that no Agency agreement is allowed on a Provincial level, the issue of Agency agreement is something that is consequential.

Another question asked was: what is the difference between CBM’s and the District Councils?

The meeting was adjourned for Thursday.

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