ATC120222: Report Private members’ legislative proposals and special petitions

Public Enterprises

REPORT OF THE COMMITTEE ON PRIVATE MEMBERS’ LEGISLATIVE PROPOSALS AND SPECIAL PETITIONS

Report of the Committee on Private Members’ Legislative Proposals and Special Petitions (Committee) on the legislative proposal to  prohibit contracting between an organ of state in the national sphere of government and companies whose directors are partly-political office bearers of public representatives of political parties   (Honourable I O Davidson , Democratic Alliance), dated  22 February 2012

The Committee, having considered the legislative proposal to prohibit contracting between an organ of state in the national sphere of government and companies whose directors are partly-political office bearers of public representatives of political parties in terms of rule 211 of the Rules of the National Assembly, and having sent out letters to the Portfolio Committee on Justice and Constitutional Development, the Presidency, the Members Ethics Committee, Powers and Privileges Committee, however all of them failed to respond, and having heard the presentation by Honourable I O Davidson, recommends that permission not be granted to the member to proceed with the proposed legislation. The committee wishes to make the following observations with regard to its recommendation:

1.       In considering legislative proposals the committee needs to confine itself to rule 235A of the National Assembly which stipulates the following six principles which the committee has to apply when considering legislative proposal.

a) Does the legislative proposal go against the spirit, purport and object of the Constitution;

b) sought to initiate legislation beyond the legislative competence of the National 
    Assembly;
c) duplicated existing legislation or legislation awaiting consideration by the Assembly or 
    Council;
d) pre-empted similar legislation soon to be introduced by the national executive;
e) would result in a money bill; or
f) was frivolous or vexatious.

 

2.       The Committee deliberated on the above criteria and resolved that there are constitutional implications which may result in the infringement of the rights of smaller party-political office bearers in freely participating in business. Due to the nature of our proportional electoral system, these would be some of the practical issues in allowing this legislative proposal to proceeed.

3.       Having consulted the above named Committees, the Committee is of the view that the Constitutional implications posed by Hon. Davidson’s legislative proposal are such that the Committee recommends that permission not be granted to the member to proceed with the proposed legislation.

 

Report to be considered.