Constitution 16th Amendment Bill [B1-2009]; Cross-Boundary Municipalities Laws Repeal Bill [B3-2009]: adoption

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Justice and Correctional Services

11 February 2009
Chairperson: Mr Y Carrim (ANC) & Mr L Tsenoli (ANC)
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Meeting Summary

The Committee adopted the Constitution Sixteenth Amendment Bill without amendment and the Cross Boundary Municipalities Laws Repeal and Related Matters Bill with amendments to ensure that the residents of Merafong would be voting within the Gauteng province in the April 2009 election.

Meeting report

Mr Carrim welcomed all present and gave a short explanation for his absence from the Committee the past few meetings as he had been serving on the Joint Committee to investigate the fitness for office of the Director of Public Prosecutions, Mr Adv Pikoli. With the leave of the Committee, he had handed the Chair over to Mr J Jeffrey (ANC) who had been supervising the consideration of the Bill in his absence.

Constitution Sixteenth Amendment Bill: voting
Mr J Jeffrey explained that the Committee was now to consider the desirability of the Constitution Sixteenth Amendment Bill [B1-2009]. To this effect, he read to the Committee the Long Title, the clauses and the Short Title and asked whether there were any amendments or objections to the Bill.

Acceptance of the motion of desirability was proposed by Mr J Sibanyoni (ANC) and seconded by Ms Adv C Johnson (ANC).

The two DA representatives, Mr W Doman and Mr S Mpolele abstained while all others present voted in favour, none voting against the motion.

The Bill was then placed before the meeting, acceptance again proposed by Mr J B Sibanyoni and seconded by Ms Adv C Johnson. The two DA representatives, Mr W Doman and Mr S Mpolele again abstained while all others present voted in favour, none voting against the motion which was accepted unanimously.

Resuming the Chair, Mr Carrim thanked Mr Jeffrey and all others concerned with the consideration, deliberation, amending and drafting of the Bill.

Cross-Boundary Municipalities Laws Repeal Bill: voting
Mr Tsenoli (ANC) then accepted the Chair as the Provincial and Local Government Portfolio Committee prepared to vote on this Bill

Mr J Jeffrey suggested that this Bill be afforded similar treatment.

Mr Fanie Louw, Legal Advisor to the Department, advised that there had been consultation with the Independent Electoral Commission [IEC} which had advised that the time required by the IEC for administering the envisaged changes was 30 days, with a minimum of 14 days, and so it was anticipated that there is sufficient time within which to pass the Bill, promulgate it and administer it before the General Election.

The desirability of considering that the Cross-boundary Municipalities Laws Repeal and Related matters Act, 2005, be repealed providing thereby for consequential matters as a result of the re-determination of the geographical areas of certain provinces; and the provision of certain matters connected therewith was proposed by Mr J Sibanyoni (ANC) and seconded by Adv C Johnson (ANC).

The two DA representatives, Mr W Doman and Mr S Mpolele abstained. All others present voted in favour, none voting against the motion.

The Bill was then placed before the meeting, acceptance being proposed by Mr J Sibanyoni and seconded by Adv C Johnson.

Again the two DA representatives, Mr W Doman and Mr S Mpolele abstained. All others present voted in favour, none voting against the motion which was accepted unanimously.

The Report to Parliament was read out and considered by the Committee and accepted without amendments.

Then with the thanks of the Chairperson to all present, the meeting adjourned.

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