ATC160225: Report of the Portfolio Committee on Police the Protection of Critical Infrastructure Bill [PMB4-2015]


Report of the Portfolio Committee on Police the Protection of Critical Infrastructure Bill [PMB4-2015]

The Portfolio Committee on Police (the Committee), having considered the subject of the Protection of Critical Infrastructure Bill [PMB4-2015] (the Bill), referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 76 Bill, reports as follows:


1. The Bill was tabled, introduced and referred to the Committee on 31 August 2015.


2. The Committee met with the initiator of the Bill, Hon. Zakhele Mbhele, MP on 6 November 2015, in order to receive a briefing on the Bill.


3. The Bill seeks to provide for the establishment, composition, functions and duties, meetings, financing and reporting of the Critical Infrastructure Board; to provide for the suspension and removal of Members of the Board, to provide for the determination and declaration of Critical Infrastructure; to ensure that security measures are implemented at Critical Infrastructure; to provide for a Register containing the areas declared as Critical  Infrastructure; to set out the rights and duties of owners of Critical  Infrastructure; to provide for the limitation of the liability of the State; to provide for parliamentary oversight over the Board; to create offences and penalties; to provide for transitional provisions; to repeal the National Key Points Act 102 of 1980 and related legislation; and to provide for matters connected therewith.


4. The Committee deliberated on the subject matter of the Bill on 6 November 2015. During these deliberations the Committee was informed by the Department: Civilian Secretariat for Police (the Department) that they have drafted a Bill dealing with the same subject matter which is currently before Cabinet for approval. After obtaining Cabinet approval, the Bill will be gazetted for public comment. It will thereafter be introduced in Parliament. 


5. The Committee rejected a motion that the legislation is desirable at the moment because it is of the opinion that the Department will soon introduce a bill dealing with the same subject matter.


6. The Committee thanks the Honourable Mbhele for sponsoring the Bill and in so doing giving the Committee the opportunity to engage in a continuous debate on the protection of critical infrastructure in our country. This is certainly a matter that will receive ongoing attention of the Committee.



Report to be considered.




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