Constitution Thirteenth A/B [B24b-2007]: Final Mandates

SECURITY AND CONSTITUTIONAL AFFAIRS SELECT COMMITTEE
16 November 2007
CONSTITUTION THIRTEENTH A/B [B24B-2007]: FINAL MANDATES

Chairperson: Kgoshi L Mokoena (ANC, Limpopo)

Documents handed out:
Constitution Thirteenth Amendment Bill [B 24-2007]
Report on Final Mandate for the following provinces :
Eastern Cape,Free State,Gauteng,KZN,Limpopo,Mpumalanga,Northern Cape,North West, Western Cape

Audio recording of meeting

SUMMARY
The Select Committee on Security and Constitutional Affairs voted on the Constitution Thirteenth Amendment Bill. All Provinces voted in favour of the Bill and the Bill was adopted. The IFP and DA members indicated that, although they had voted in support of the Bill on behalf of their provinces, their parties would nonetheless be expressing some views during the debate. It was noted that there would be a full debate. This Bill and the Cross Boundary Municipalities Laws Repeal and related matters Amendment Bill would be debated together, but the voting on each would occur separately.

MINUTES
Constitution Thirteenth Amendment Bill: Final mandates
The Chairperson asked if there was anything that the Department of Justice wanted to add before the Committee proceeded with the voting. 

Mr Johan Labuschagne, Director, Department of Justice, informed the Chair that he did not have anything to add.

Mr A Manyosi (ANC, Eastern Cape) spoke on behalf of the Eastern Cape.  He informed members that after public hearings were conducted by that Province, they had reported back to the House on 8 November 2007, and the Eastern Cape Legislature resolved to support the Bill. Mr Manyosi read out the resolution contained in the letter.

Mr D Worth (DA, Free State) stated that he presented the Bill to the Free State Legislature on 7 November 2007.  Their Portfolio Committee decided that they would support the Bill without further amendments. 

Mr S Shiceka (ANC, Gauteng) presented Gauteng’s final mandate.  The Committee had been briefed by Mr Shiceka and it was decided that the Bill would be supported.  It was also noted that there was no need for public involvement in Gauteng as the Bill was trying to comply with the Constitutional Court requirements in respect of Eastern Cape and Kwazulu Natal. He formally read out the resolution from Gauteng.

Mr Z Ntuli (ANC, Kwazulu Natal) spoke on behalf of Kwazulu-Natal (KZN).  He informed members that the KZN Provincial Legislature had met on 15 November 2007 and had resolved to support the Bill as a whole. 

The Chairman spoke on behalf of the Limpopo Legislature.  He stated that the Legislature conferred a final mandate to the Provincial NCOP Permanent Delegates to vote in favour of the Bill. 

Ms F Nyanda (ANC, Mpumalanga) said that the Portfolio Committee of Local Government and Housing in Mpumalanga had deliberated on the Bill and had decided to support the Bill as it stood.

Mr Shiceka presented the mandate on behalf of the Northern Cape legislature. He read out that it conferred authority on the Head of its Delegation to the NCOP to vote in support of the Bill. 

Mr A Moseki (ANC, North West) noted that he had briefed the relevant Committee of North West on 18 October 2007.  The Committee decided that the Bill did not necessitate a public hearing.  It was resolved that the North West would support the Bill. 

Mr Manyosi read out the mandate of the Western Cape informed members that the Western Cape had considered the Bill and it was decided that they would support the Bill without amendments. 

The Chairperson informed the Committee that all the provinces were in support of the Bill.  He stated that he did not think that there were any technical issues but if members wanted to raise any issues before they proceeded, then they should do so.  No issues were raised. 

Mr Shiceka proposed a Motion of Desirability, which was seconded by Mr Ntuli.

The Bill was approved by all nine provinces. A debate would be held in the House next week.  

The Chairperson stated that the report of the Committee would reflect that they were all in agreement.  The Committee approved the report. Eastern Cape moved that the report of the Committee be accepted.  This was seconded by Mpumalanga. 

Mr M Mzizi (Gauteng: IFP) stated that even though the Bill had been passed, parties would also be given a chance to debate on the issues.  He agreed with his Province, but noted that the IFP would be debating certain issues in the Bill during discussions in the House.

The Chairperson agreed that parties would be given a slot in which they could express themselves and added that parties were allowed to express their views. 

Mr Worth noted that his party too would be raising some issues. He noticed that there were two separate items on the agenda – one dealing with the Constitution Thirteenth Amendment Bill and the other dealing with the Cross Boundary Municipalities Laws Repeal and related matters Amendment Bill, and that the two were linked. He wondered if it was possible to just have one debate.  Mr Worth also wanted to know if there was going to be a debate or a statement.

Mr Ntuli asked if Provinces would be given a slot in which they could express their views, or if there would be a party view taken.

The Chairperson stated that party views were not considered as voting took place with regard to provinces.  He told Mr Worth that, given the sensitivity of the Bill that had passed and the attention that it had drawn, the NCOP would inform the public what the Bill was about and the impact that it was going to have.  Therefore, there would be a debate. 

Mr Mzizi reminded members that there was a request that the two pieces of legislation be debated in one meeting.  He agreed that there would have to be a debate.  Parties wanted to know that they were represented during deliberations. 

The Chairperson said that there could be one debate but that voting would have to occur separately. 

The meeting was adjourned.