ATC170622: Report of the Portfolio Committee on Cooperative Governance and Traditional Affairs on the Traditional Leadership and Governance Framework Amendment Bill [B8 – 2017] (National Assembly – sec 76), dated 22 June 2017
Cooperative Governance and Traditional Affairs
Report of the Portfolio Committee on Cooperative Governance and Traditional Affairs on the Traditional Leadership and Governance Framework Amendment Bill [B8 – 2017] (National Assembly – sec 76), dated 22 June 2017:
The National Assembly referred the Traditional Leadership Governance Framework Amendment Bill [B8 – 2017] (National Assembly – Section 76) (hereinafter referred to as the Amendment Bill) to Portfolio Committee on Cooperative Governance and Traditional affairs on 28 March 2017.
Subject of the Amendment Bill
The primary aim of the Traditional Governance and Leadership Framework Amendment Bill [B8 – 2017] (National Assembly – Section 76), is to make provision for the extended timeframes within which kingship or queenship councils and traditional councils must be established; to provide for extended timeframes within which community authorities have to be disestablished; to align the term of office of tribal authorities, traditional councils and kingship or queenship councils with the term of the National House of Traditional Leadership (NHTL).
The Committee advertised the Amendment Bill on 21 May 2017 in the Sunday Times and Citizen newspapers, as well as, Parliament’s electronic platforms, in all the official languages, and on radio broadcasts, in all official languages, calling for public comment on the Amendment Bill. The Committee received four submissions on the Amendment Bill. Two submissions did not relate directly to the content of the Amendment Bill.
Enquiry into the subject of the Amendment Bill
The Committee invited the Department of Traditional Affairs to brief them as well as the Land and Accountability Resource Centre and the National House of Traditional Leaders (NHTL) to make oral submission on the Bill.
The Committee proposed the following amendments
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Amendments |
Committee decisions |
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CLAUSE 1
1. Clause rejected.
NEW CLAUSE
1. That the following be a new clause:
Amendment of section 3A of Act 41 of 2003, as inserted by section 5 of Act 23 of 2009
1. Section 3A of the Traditional Leadership and Governance Framework Act, 2003 (hereinafter referred to as the principal Act), is hereby amended— (a) by the substitution for subsection (1) of the following subsection: "(1) (a) Once the President has recognised a kingship or queenship, that kingship or queenship must, within [one year] two years of the recognition, establish a kingship or queenship council. (b) A kingship or a queenship that has been confirmed by a decision of the Commission in accordance with this Act prior to its amendment by the Traditional Leadership and Governance Framework Amendment Act, 2009 (Act No. 23 of 2009), must, within two years from the commencement of the Traditional Leadership and Governance Framework Amendment Act, 2017, establish a kingship or a queenship council."; (b) by the substitution in subsection (2)(c) for subparagraph (ii) of the following subparagraph: ''(ii) 40% of members elected democratically[, by an electoral college consisting of all senior traditional leaders who fall under the kingship or queenship] as contemplated in paragraph (d).''; and
''(d) Each traditional [community] council falling within the area of jurisdiction of the kingship or queenship concerned must [in the prescribed manner,] elect one person from the elected members of that council to serve as a member referred to in paragraph [(d)] (c)(ii): Provided that where the number of persons so elected are less than the number of persons contemplated in paragraph (c)(ii), the traditional councils must each elect one additional person from the elected members of that council: Provided further that where the number of persons so elected exceed the number of members contemplated in paragraph [(d)] (c)(ii), the persons elected by the traditional [communities] councils must elect from amongst themselves the number of persons contemplated in paragraph [(d)] (c)(ii).''.
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Committee Agreed. The Democratic Alliance (DA) objected to clause 1(b) and (c) |
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NEW CLAUSE
That the following be inserted as new clause:
Amendment of section 3B of Act 41 of 2003, as inserted by section 6 of Act 23 of 2009
2. Section 3B of the principal Act is hereby amended— (a) by the substitution subsection (2)(c) for subparagraph (ii) of the following subparagraph: ''(ii) 40% of members elected democratically[, by an electoral college consisting of all senior traditional leaders who fall under the principal traditional council] as contemplated in paragraph (d).''; and (b) by the substitution in subsection (2) for paragraph (d) of the following paragraph: ''(d) Each traditional council falling within the area of jurisdiction of the principal traditional community concerned must elect one person from the elected members of that council to serve as a member referred to in paragraph (c)(ii): Provided that where the number of persons so elected are less than the number of persons contemplated in paragraph (c)(ii), the traditional councils must each elect one additional person from the elected members of that council: Provided further that where the number of persons so elected exceed the number of members contemplated in paragraph (c)(ii), the persons elected by the traditional councils must elect from amongst themselves the number of persons contemplated in paragraph (c)(ii).''.
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This clause was not part of the original amendment bill referred to the Committee. The Committee needed to obtain permission from the National Assembly in terms of NA Rule 286(4)(c) to include this clause in the bill. The National Assembly granted permission to the Committee on Thursday, 15 June 2017
The Democratic Alliance (DA) objected to this clause |
Consideration of the Amendment Bill
The Portfolio Committee on Cooperative Governance and Traditional Affairs having deliberated on and considered the subject of the Traditional Leadership and Governance Framework Amendment Bill [B8 – 2017] (National Assembly – Section 76), referred to it, and classified by the Joint Tagging Mechanism as a section 76 Bill, reports that it has agreed to the Bill with proposed amendments.
The Democratic Alliance objected to the entire bill.
Report to be considered.
Documents
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