Carriage by Air Amendment Bill [B18-2006]: briefing by Department
NCOP Public Services
01 November 2006
Meeting Summary
A summary of this committee meeting is not yet available.
Meeting report
SELECT
COMMITTEE ON PUBLIC SERVICES
1 November 2006
CARRIAGE BY AIR AMENDMENT BILL [B18-2006]: BRIEFING BY DEPARTMENT
Chairperson: Mr R Tau
(ANC – Northern Cape)
Documents handed out:
Carriage by Air Amendment Bill
[B18-2006]
Carriage by Air Act No 17 of 1946
Department of Transport
Powerpoint Presentation
SUMMARY
The Department of Transport requested the Committee to approve the Carriage by
Air Amendment Bill. Certain changes had been made in line with the Committee’s
suggestions. The purpose of the Bill was to align domestic legislation with the
International Convention for the Unification of Rules for international
Carriage by Air, to apply certain words contained in the Convention, to extend
the Minister’s power to make regulations and to replace the original Schedule
which still referred to a prior convention. Most of the changes were of a
technical nature. Members noted that there had been an omission since the
Department of Justice and Constitutional Affairs had not been noted as one of
the consulted stakeholders, although they had indeed been consulted. The
clauses were described. Members formally adopted the Bill. The Committee report
on the Bill was signed. It was confirmed that the numbering of the Bill was
correct.
Further discussions were held on committee business. It was agreed that the
strategic planning session would be held during this term. The 2007 plans would
have to focus on the outcomes of the People’s Assembly. The question of section 76 legislation had been raised with provincial
Chairpersons, and it was decided that the introduction of section 76
legislation would not focus on the NCOP legislative cycle. The Chairperson
informed the Committee of the invitation extended by the Department of Public
Works to attend a Lekgotla on 10 and 11 November.
MINUTES
Briefing by Department of Transport on Carriage by Air Amendment Bill
Ms Nonkululeko.
Msomi, Deputy Director-General: Transport Regulation
and Public Entity Oversight, Department of Transport (DoT)
commented that the Director General, Ms Mpumi Mpofu, had discussed all issues and recommendations raised
by the Committee on the Bill. She emphasised that the
Department regarded the inputs of the Committee very seriously.
Mr Adam Masombuka, Director
of Legislation in the Chief Directorate Legislation, DoT,
drew the Committee’s attention to the clauses of the Bill.
Clause I (b) included the definition of “Convention” that would align the
legislation to the obligations of the Convention for the Unification of Certain
Rules for Carriage by Air convention that was signed in Montreal.
Clause 1 (b) also included reference to the regulations made under Clause 8 of
the Bill.
Clause 2 had been repealed.
Clause 3 replaced the words “High Contracting” with the word “States”. This
brought the legislation in line with the norms and standards of the
international state system.
Clause 3(c) substituted the phrase “paragraph 1 of Article 17” to the original
“Article Seventeen”
Clause 5 included the word “President” and had replaced the word “Republic”.
The President was therefore responsible to act on behalf of the Republic in
terms of adherence to amendments of the Convention.
Clause 5 (b) included the provision that “a proclamation under subsection (1)
may not be made by the President unless the amendments of or additions to the
Convention have been approved by resolution of Parliament”
Clause 6 substituted High Contracting with the word “state”.
Mr Masombuka explained to
the Committee that the proposed amendments to the Carriage by Air Act would
facilitate the implementation of the Montreal Convention.
Clause 7 would be substituted for Section 8 of the principal Act to extend the
powers of the Minister of Transport to make regulations.
Clause 8 proposed to replace the reference to the Warsaw Convention with a new
reference to the Montreal Convention schedule.
Discussion
The Chairperson noted that the Department had provided an extensive
briefing on the particular amendments on a previous occasion. A lengthy
briefing and consideration were not necessary.
Ms H Matlanyane (ANC, Limpopo
Province) requested that the Department of Justice and Constitutional Affairs
be noted as one of the consulted stakeholders
Mr A Watson (DA, Mpumalanga)
asked whether this omission implied that this Department had not been involved
in the drafting of the amendments.
Ms Msomi responded that the Department of Justice and
Constitutional Development had indeed been consulted. She apologised
for the oversight and assured the Committee that this Department’s name would
be inserted immediately. She thanked the Members for their observations.
Mr F Adams (ANC, Western Cape) said that since there
had been wide consultation, and since both houses of parliament had approved
the Convention for the Unification of Certain Rules for International Carriage
by Air, and since the National Council of Provinces had made a statement, the Committee
could approve the Bill.
Mr Watson asked, and received confirmation from Mr Masombuka, that the Convention
referred to in the Schedule was the Convention for the Unification of Certain
Rules for International Carriage by Air.
Rev P Moatshe (ANC, North West Province) commented
that the Bill was straightforward and could thus be approved.
The Chairperson suggested that, since Members were already familiar with and
had agreed to the alterations to the Bill, it was not necessary to go through
the Bill clause by clause.
Members unanimously voted in favour of the Bill.
The Chairperson read out the motion of desirability and the Bill was formally
adopted.
He also tabled and signed the Committee report on the amendments to the Bill.
Mr Watson queried the numbering of the Bill. He said
that the Bill, having already been approved by the Portfolio Committee, should
be tagged as an A-Bill.
Mr D Viljoen, Deputy
Director: Parliamentary Services and Stakeholder Management, Ministry of
Transport explained that since the National Assembly had passed the Bill
without any amendments the Bill did not need to be renumbered.
A member said that the Bill had to be corrected before it was debated or
introduced in the National Council of Provinces.
Mr Watson said that the Department had to notify
Parliament about the changes in the Bill.
The Chairperson explained that changes had to be made before next week, as it
would be adopted in the House.
The Chairperson requested members to either volunteer themselves or nominate a
member to make a statement regarding the adoption of the Bill to the NCOP
sitting. It was agreed that the Chairperson should delegate this task to a
member in due course.
Committee business
Rev Moatshe informed members that the Committee could
hold its strategic planning workshop jointly with that of the Select Committee
of Environmental Affairs during the last week of the current parliamentary
session.
Ms Motlanyane stressed the importance of the
Committee’s strategic planning session. She suggested that the Committee should
plan its programme at the start of the new year.
Mr Watson said that the beginning of the year was not
ideal. Members should rather meet in the last week of the year.
Ms M Oliphant (ANC, KwaZulu Natal) expressed the view
that the Committee should hold its strategic meeting before the end of the
current parliamentary session. Since parliamentarians would have to return to
Cape Town to finalise and pass outstanding
legislation, such as the Civil Union Bill, the Committee could find time at
that stage to meet. Members had to identify priorities and plan for the
following session before the end of this year. When Parliament resumed any new
priorities could be easily incorporated.
The Chairperson expressed his agreement that the strategic meeting should be
held during the current session of Parliament.
The Chairperson said that Members had to focus on the issues raised during the
People’s Assembly. This would include practical matters such as ensuring that
provincial governments as well as MECs acted
properly. This was also discussed at a meeting of the Programming Committee.
Mr Watson agreed that a proactive oversight was
needed to ensure that delivery on practical levels was taking place.
Mr Watson raised a question regarding section 76
legislation. He said that the National Council of Provinces needed sufficient
time to consult with provinces.
Ms Oliphant replied that this was raised with provincial Chairpersons as well
as programming Whips. It was decided that the introduction of section 76
legislation would not focus on the NCOP legislative cycle. The legislation
would be reintroduced for provinces to conduct public hearings. The Executive
had to introduce section 76 legislation six months before it was considered by
the NCOP.
The Chairperson informed the Committee
of the invitation extended by the Department of Public Works to attend the
pending Public Works Lekgotla in Johannesburg on 10
and 11 November.
The meeting was adjourned.
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