Electricity Regulation Amendment Bill [B20B-2006]: adoption
NCOP Economic and Business Development
27 March 2007
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Meeting report
ECONOMIC AND FOREIGN AFFAIRS SELECT COMMITTEE
27 March 2007
ELECTRICITY REGULATION AMENDMENT BILL [B20B-2006]: ADOPTION
Chairperson: Ms N Ntwanambi (ANC, Western Cape)
Documents handed out:
Proposed Amendments
for Electricity Regulation Amendment Bill
Electricity Regulation
Amendment Bill [B20-2006]
Electricity Regulation
Amendment Bill [B20B-2006]
Committee Annual Report 2006 [available at Tabled Committee Reports
once adopted]
SUMMARY
The Department on Minerals and Energy had incorporated all the Committee?s
proposed amendments on Clauses 2, 3, 11 and 13 of the Electricity Regulation
Amendment Bill [B20B-2006] into a final document, which was tabled and
discussed. The Bill was accepted by the Committee and would be referred to the
full House.
The Annual Report of the Committee was tabled. The Chairperson summarised the
highlights, including site visits, the study tour and the legislation adopted.
She noted that there had been underspending on the budget. The need for further
interaction with the South African Women
Entrepreneurs Network was noted. The Committee was also still to meet with the
National Energy Regulator and SASOL. The rules and practices regarding overseas
study tours were discussed and it was proposed that the Chairperson take up the
matter with the responsible person at the Chairpersons? Forum. The Report was
adopted.
?
The programme for the second term was tabled and adopted.
MINUTES
Electricity Regulation Amendment Bill [B20B-2006]: Adoption
Mr Ompi Aphane, Chief Director: Electricity, Department of Minerals and
Energy (DME) tabled the final list of proposed
amendments had been prepared. He noted each proposed amendment as follows?: -
Clause 2: On page 2, from line 28, to omit ?and, distribution or
reticulation? and to substitute ?and / or distribution?.
Clause 3: Clause 3 was omitted as it had been rejected.
Clause 11: On page 4, line 13, to substitute the number ?28? with ?27?
On page 4, from line 13 to omit subsections (1).
On page 4, in line 16, to omit ?(2)? as this was a consequential renumbering.
On page 4, in line 29, to substitute ?46? with ?35?.
On page 4, in line 38, to substitute ?30? with ?28?.
On page 5, in line 2, to substitute ?32? with ?29?.
On page 5, in line 16, to substitute ?47? with ?35?.
Clause 13: On page 5, after line 50, to insert the following paragraph:
?(r) norms and standards for the setting of reticulation tariffs, in
consultation with the Minister of Finance;?
Discussion
Ms J Terblanche (DA, North-West) referred to Clause 13. She was not at the
previous meeting and asked whether the final mandate from North-West had been
received by the Law Advisor.
Ms C Booysen, State Law Advisor, responded that certain proposals made were
outside the ambit of this Act; but that the Department was currently addressing
those issues in other legislation.
Ms Terblanche requested the Chair for copies of the mandate of her province.
She was in a difficult position to comment as the mandate was not sent to her
in time.
The Chairperson assured Ms Terblanche that she would receive those copies. The
timeous sending of the mandate would be addressed.
The Chairperson continued that the Committee was still awaiting further amendments
that would hopefully be sent shortly after June, and doubted if the Committee
could finalise the Bill this year. It was impossible to rush the legislation as
there needed to be full consultation, particularly at municipal level.
The Chairperson then read the motion of desirability.
The Bill, classified as a Section 76 Bill, was proposed, seconded and accepted
with the amendments.
Consideration of Committee Report
The acceptance of the Committee Report on the Bill was proposed by Mr N Hendricks
(UIF), seconded by Ms S Mabe (ANC, Free State), and adopted by all Members.
Consideration of Committee?s Annual Report
The Chairperson tabled the Annual Report of the Committee for 2006. She noted
that in the year under review the committee passed four Section 75 Bills and
Three International Agreements in terms of Section 231 of the Constitution. One
Section 76 Bill was due to be finalised in February 2007. A highlight had been
the site visit to the Industrial Development Corporation (IDC). While much had
been done, the Chairperson urged Members to work even harder to strengthen the
committee and to reposition it to cater for and champion the wider interests of
Parliament.
The Committee?s vision and mission was detailed in the Report. The Committee would
focus attention in the Trade and Industry areas on job creation, with specific
attention to the provincial impact of national policy on Small and Medium
Enterprise (SMME) development. For Minerals and Energy the Committee planned to
assess the progress made in ensuring adequate access to energy supplies in
rural areas in South Africa. In Foreign Affairs the Committee would focus on
those areas related to economic development. The Report detailed the public
entities over which the Committee exercised oversight, and also detailed
information on the briefing sessions during the year. The Bills and papers were
listed. The oversight visits and study tours were included in the Report. A
list of annual reports from departments and entities was included.
The Chairperson noted that the Outstanding issues were the Electricity
Regulation Amendment Bill [B20B-2006scheduled for finalisation in February
2007; the Annual Reports of some entities and adoption of the Report on the
International Study Tour to Nigeria.
The Chairperson noted that the Committee under spent on budget. The total
expenditure for catering was not yet available. The figures for the oversight
visits and study tour were given.?
Discussion
The Chairperson commented the committee still did not have a Committee
Secretary. She believed that the Committee would have to interact more with the
Technology for Women in Business (TWIB) programme.
Ms M Themba (ANC, Eastern Cape) agreed. She commented that the South African
Women Entrepreneurs Network (SAWEN) had not yet been established in most of the
provinces.
The Chairperson commented that bills took so much time because the National
Assembly must prioritise when dealing with a Section 76 Bill.
The Chairperson reminded members that the Committee must still meet with the
National Energy Regulator (NER), and SASOL. There was not a great deal to do
with the Department of Foreign Affairs, other than protocols and matters
relating to the Southern African Development Community (SADC).
The Chairperson noted a typographical error of the date on page 10 of the
Report, relating to the Electricity Regulation Amendment Bill briefing for
January.
Mr D Gamede (ANC, Kwazulu Natal) referred to the Competition Commission
briefing scheduled for May. He asked if the Commission had already briefed the
Committee.
The Chairperson responded that the Competition Tribunal previously briefed the
Committee.
The Chairperson said that even if the catering invoice was presented, the
Committee had still under spent. The new programme planned to have study tours
to Alexkor, and was negotiating to visit India or China. The first meeting of
the new programme would still establish the catering figure.
Mr J Sibiya (ANC, Limpopo) asked whether the amount under spent would be lost.
The Chairperson confirmed that it could not be carried over to the new
financial year starting 1 April.
Mr Hendricks asked whether the Committee?s allocation would be cut as it had
under spent this year. He commented that it had been careful with its budget,
and should not have to be placed on a waiting list for an overseas study tour.
The Chairperson responded that the Committee had been careful with its budget
and catering. An overseas study tour application would take six to eight weeks
to process. The rules stated that a Committee could only go on study tour twice
in a five-year cycle. R500 000 was allocated to committees. The Committee?s
trip would be cheaper as it was an African trip, but there was another method
of accessing funding for study tours.
Mr Gamede proposed that the Committee secretary adjust the figures and close
the year with a correct balance to avoid unnecessary exposure.
Ms Terblanche acknowledged that certain practices had to be followed, but that
if they were practices only, they were in danger of being vague and not
consistently applied. She suggested that the Chairperson raise this at the
Chairpersons Forum, because if some committees had problems others would too.
She would like to see the rules relating to trips. The Committee could benefit
from study tours and assist it in its work, especially as money was allocated.
Mr Ntwanambi said she would take this up with the relevant people.
Mr D Mkono (ANC, Eastern Cape) asked how many provinces needed to adopt the
report.
The Chairperson reported that nine needed to adopt it.
The report was adopted subject to amendments.
Proposed Committee Programme Second Term 7 May to 27 June 2007
The programme for the second term was tabled and agreed.
The meeting was adjourned.
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