Regulation of Interception of Communications Amendment Bill: adoption postponed

NCOP Security and Justice

15 November 2007
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Meeting Summary

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Meeting report

SECURITY AND CONSTITUTIONAL AFFAIRS SELECT COMMITTEE
15 November 2007
REGULATION OF INTERCEPTION OF COMMUNICATIONS AMENDMENT BILL: ADOPTION POSTPONED


Chairperson: Kgoshi L Mokoena (ANC, Limpopo)

Document handed out:
Regulation of Interception of Communication and Provision of Communication related Information Amendment Bill [B9B-2006]
Committee Report on this Bill (see Appendix)

NOT RECORDED

SUMMARY
The Committee acceded to the Chairperson’s call to defer voting on the Bill indefinitely.

MINUTES
Introductory Remarks by the Chairperson
The Chairperson commented on the weariness of his colleagues and joked that they would have to endure several more hours working on the Bill.

Thereafter, he reminded the Committee that in the previous meeting he had instructed officials from the Department of Justice to effect amendments to the Bill. The officials had worked tirelessly and complied with this order.

However, certain things were not concluded to the Chairperson’s satisfaction. Consequently, he moved for voting (on the Bill) to be deferred indefinitely. He motivated that this should be the case until “some people sober up” and took the Committee seriously. He also declared that he would call the Chairperson of the NCOP and have this legislation removed from its “slot” on the NCOP agenda for 20 November 2007.

Members were encouraged to advise him on whether he was “out of order” regarding this matter.

Mr J Le Roux (DA) agreed with the Chairperson. He believed that it would be incorrect to pass a Bill that had not been discussed in full detail. He added that this would have been bad for the country.

Mr M Mzizi (IFP) endorsed the Chairperson’s position.

Mr S Shiceka (ANC) assured the Chairperson that he had the support of the ANC. He advanced that the Committee should only vote when it was satisfied.

The Chairperson was pleased that the Committee supported his view.

He thanked the service providers for their participation. Also, he apologised for the turn of events.

The meeting was adjourned.

Appendix
Report of the Select Committee on Security and Constitutional Affairs
on the Regulation of Interception of Communications and Provision of Communication-related Information Amendment Bill [B9B-2006] (National Assembly – sec 75), dated 15 November 2007:

The Select Committee on Security and Constitutional Affairs , having considered the subject matter of the Regulation of Interception of Communication and Provision of Communication-Related Information Amendment Bill [B9B-2006] (National Assembly – sec 75), referred to it, reports the Bill as follows:

The Bill was referred to the Committee on 29th August 2007.  The committee received a briefing on the 14th September on the Bill. 

On 17 October 2007, the Committee received submissions from the three service providers, namely, Vodacom, MTN and Cell C and some state departments, namely, Department of Communications and Department of Safety and Security.

The committee deliberated on the Bill on 9th November 2007.  On the basis of numerous inputs which were valid in nature, the Committee is of the view that the issues raised need to be addressed by the department.

The committee therefore recommends:

That the Bill be referred back to the Department of Justice and Constitutional Development to look at issues raised by the committee.  Due to the nature of inputs received from the stakeholders, the committee is of the view that, if it proposes amendments, it will be tantamount to redrafting of the Bill.

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