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PARLEM=NT VAN DIE REPUBLi=K VAN SUID-AFRIKA PARLIAMENT OF THE REPUBLIC OF SOUTH
AFRICA |
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Posbus 1_ P.O. Box :> KAAPST AD CAPE TOWN 8000 |
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Verw./Ref. |
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URGENT MEMORANDUM [For action] |
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To: From: Re: Date: |
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Peter Lebeko,
Clerk of the Papers I L Claassen Tanya Lyons
I Marina Griebenow, NA Table Tabling of
private member's legilsative proposal 16 August
2006 |
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Please could you ensure the
tabling and referral of the attached private member's legislative proposal as
follows: |
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T ABLINGS |
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The Speaker |
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Submission of Private Member's
Legislative Proposal |
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The following private member's
legislative proposal was submitted to the Speaker on 14 June 2006, in
accordance with 'Rule 234: |
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Labour Relations Act Amendment Bill (C M
Lowe) |
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Referred to the Standing Committee
on Private Members' Legislative Proposals and Special Petitions for
consideration and report. |
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PARLIAMENT OF THE REPUBLIC OF
SOUTH AFRICA |
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Rei No. |
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Wednesday, June 14,2006 |
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The Speaker National Assembly |
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By Rand |
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Dear Madam Speaker |
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Attacbed please find the necessary for
your attention. |
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Kind regards |
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~ ~ MARK LOWE, J'v.[p |
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NATIONAL ASSFMRLY PO
BOX 1~ CAP~-
TOWN BODO |
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LABOUR RELA TJONS ACT AMENDMENT
BILL |
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0" |
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Private Members' Bill |
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Submitted in terms of Section 73
(2) |
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Read with Section 76 (1) of the
Constitution |
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MEMORANDUM |
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Notice is hereby given of the
introduction of a Private Members' Bill in terms of Section 73 (2) read with
Section 76 (1) of the Constitution. In terms of rule 234 (read with rule 230
(1), a member must submit to the Speaker a memorandum which: |
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(a) sets
out particulars of the proposed legislation (b) explains
the objects of the proposed legislation; and (c) states
whether the proposed legislation will have financial implicatic;ms for the State and, if so, whether
those implications may be a determining factor when the proposed legislation
is considered. |
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The Honourable
Speaker is requested to deal with this Bill in terms of Section 235 of the
National Assembly Rules. |
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A. PARTICULARS OF PROPOSED LEGISLA
TION |
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The following amendments to the Labour Relations Act 1995 (Act 66 of 1995) [hereinafter
referred to as "the Act"] are proposed: |
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1. AMENDMENTS TO THE ACT |
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1.1 That section 67 under Chapter
IV be amended by the insertion of the following after subsection (9): |
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(10) A union and I or a federation of trade unions may, jointly
and severally, be held civilly liable for any damage or loss that may be
incurred by a member of the public, or by private- or public bodies, where
the damage or loss results directly from the activities of a member or
members of that union and I or federation of trade unions in the
participation, contemplation or furtherance of a protected strike supported
the union and I or federation of trade unions was formally a party to. |
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1.2 That section 68 inder Capter IV be amended by
the indertion of the following
after subsection (5): |
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(6) A union and I or a fl3deration of trade unions may, jointly
and severally, be held civilly liable for any damage or loss that may be
incurred by a member of the public, or by private- or public bodies, where
the damage or loss results directly from the activities of a member or
members of that union and I or federation of trade unions in the
participation, contemplation or furtherance of an unprotected strike
supported the union and I or federation of trade unions was formally a
party to. |
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B. THE OBJECTS OF THE PROPOSED LEGIS
LA TJON |
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One of the main purposes of the
Act is to protect the right to strike in accordance with the provisions of
the Constitution. |
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While the provisions of the Act
are currently deemed adequate in this respect, it is submitted that at
present the Act does not provide sufficient protection to members of the
public, private- or public institutions in instances where the activities of
members of trade unions, or federations of trade unions relating to the contemp.lation and furtherance of, or participation in a
strike directly causes damage to of loss of property. |
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The proposed amendment is intended
to address this shortcoming. |
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c. FINANCIAL IMPLICA T10NS |
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The Legislation will have no
financial implications. |
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Date:........... \.~...... ?~ ~6 ...... .......... ........... ... '.o..................... ....... |
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.=t. |