Government Immovable Assets Management Bill: Committee Report deliberation

PUBLIC WORKS PORTFOLIO COMMITTEE
22 March 2007
GOVERNMENT IMMOVABLE ASSETS MANAGEMENT BILL: COMMITTEE REPORT DELIBERATION

Chairperson:  Mr F Bhengu (ANC)

Documents handed out:
Policy on the GIAM Bill as approved by Cabinet in 2005
Government Immovable Asset Management Bill [B1-2006]

Audio Recording of the Meeting

SUMMARY
The Chairperson announced the time frames that would apply to submission of the Committee Report pursuant to the recommendation to adopt the Bill. The draft would be circulated on Monday and the report should be ready by Tuesday the following week. The Chairperson noted the objective and application of the Government wide Immovable Asset Management Policy, as adopted by Cabinet on 17 August 2005, particularly in regard to the provincial and local government application, whilst it was stated that the Department should embark on a more extensive consultation process before submitting legislation tailored to local government and public entities. The Committee resolved to request the Department to ensure that the policy remained a part of the Strategic Plans until completion, and that a three to five year period was contemplated.

MINUTES
The Chairperson stated that in order formally to adopt the Bill two reports had to be given in a short period of time. He had communicated with the table staff to find out about the requirements before the debate on the budget vote on Wednesday. The requirements relating to tabling of the Bill were strict. If there were problems in finishing the report, then the Committee should come up with an interim report, to indicate that the Committee had met with the Department and related entities, to highlight the critical issues and to state that the Committee would be tabling a substantial report in due course. This report would have to be circulated to Members before it was presented.

Members agreed that Tuesday should be the target day, so the draft should circulate on Monday.

It had been agreed that the Bill be adopted with amendments.

The Chairperson tabled the document on Government-Wide Immovable Asset Management Policy. He noted the objective of the policy, namely to pass legislation for all spheres of government, if the purpose is to establish uniformity and to set minimum norms and standards with regard to service delivery. The Minister of Public Works was mandated by Cabinet to formulate and implement a government-wide policy framework for immovable asset management and to implement it through the Government-wide Immovable Asset Management Act (GIAMA).

The Chairperson noted that the policy would apply “government-wide, without taking away existing mandates and roles and responsibilities, to all organs of state, including national and provincial government departments, municipalities, constitutional institutions, national and provincial trading entities, municipal entities and relevant public entities on which the PFMA and MFMA places an asset management responsibility.” He noted that the legislation would be introduced firstly in regard to national and provincial government. Due to the complexity of legislation governing local government and varying levels of autonomy of public entities, the Department would embark on a more extensive consultation process before submitting equivalent legislation tailored to local government and public entities.

The Chairperson stated that he was raising this because it was an issue that should have been raised by the Department, which had not specifically indicated the process required to come up with legislation. He asked if a time frame should be specified.

Mr B Radebe (ANC) stated the Committee should remain tasked with the national and provincial government frameworks.

Mr N Gogotya (ANC) concurred. He believed that a time frame had to be given, so that the process did not become unduly delayed or lost.
The Chairperson noted that it had been two years since the policy was adopted and there should have been at least an interim report.

Mr Gogotya suggested that the Committee should call for a report in the following year so that it could assess what had followed. A three to five year period seemed reasonable.

Mr Radebe remarked that the Committee would have to give an instruction to the Department that this Bill must remain a part of the Strategy Plan until the whole process was concluded. Within the next three years the Strategy Plan and the policy should be running concurrently.

The Chairperson confirmed that the Report would then include the comments made by Members.

The meeting was adjourned.