ATC180828: Report of the Portfolio Committee on Public Works on the Expropriation Bill, dated 28 August 2018

Public Works and Infrastructure

Report of the Portfolio Committee on Public Works on the Expropriation Bill, dated 28 August 2018
 

The Portfolio Committee on Public Works (hereinafter referred to as the Committee), having considered the status of the Expropriation Bill [B 4D-2015] on 28 August 2018, reports as follows:

 

1.      Introduction

 

The Minister of Public Works tabled the Expropriation Bill in Parliament in February 2015.

 

The Expropriation Bill went through all the relevant, statutory and necessary passages until it reached the former President of the Republic of South Africa for assent.

 

The former President returned the Expropriation Bill [B 4D-2015] to Parliament on procedural grounds firstly on 20 July 2016 and secondly on 14 February 2017.

 

The President required Parliament to address four issues he raised regarding the Bill which were:

  1. Whether it was indeed correct that the negotiating and final mandates procedures in some Provincial Legislatures were followed.
  2. Whether it was indeed correct that the National Council of Provinces (NCOP) failed to facilitate sufficient consultation with the public prior to the adoption of the Bill.
  3. The reasons why the Bill was not referred to the National House of Traditional Leaders.
  4. The merit of the submissions in so far as they relate to the procedural issues outlined above.

 

The President’s concerns on the Bill fell within the purview of Joint Rule 205, which deals with procedural defects and should be read with Joint Rule 207.

2. The Portfolio Committee on Public Works (the Committee)

 

2.1. The mandate of the Portfolio Committee on Public Works

 

The Committee’s mandate as prescribed by the Constitution of South Africa and the Rules of Parliament is to build an oversight process that ensures a quality process of scrutinising and overseeing the department’s action and that is driven by the ideal of realising a better quality of life for all people of South Africa. It is also required to facilitate public participation, monitoring and oversight over the legislative processes relating to social development and also to confer with relevant governmental and civil society organs on social development matters. The Committee also enhances and develops the capacity of its members to exercise effective oversight over the Executive Authority in social development.  It monitors whether the Department of Public Works fulfils its mandate according to priorities. 

 

It also has a mandate to perform the following:

 

  • Consider legislation referred to it;
  • Conduct oversight of any organ (s) of the state and constitutional institution(s) falling within its portfolio;
  • Consider international agreements; and
  • Consider the budget of the department and entities falling within its portfolio.

 

 

3.     The Department of Public Works (the Department)

 

3. 1. The Mandate of the Department

 

The mandate of the Department of Public Works is derived from the Constitution of the Republic of South Africa, 1996, and the Government Immovable Asset Management Act (No. 19 of 2007) that describes the Department as the custodian and portfolio manager of government’s immovable assets.

 

3.2. A Policy Priority for the Department of Public Works, relevant for this Bill

 

Amongst others, the policy focus for government departments and municipalities with whom the Department of Public Works play a coordinating, implementing role with its entities, remains on ensuring that the Expropriation Bill is constitutionality sound.

 

4. Committee deliberations and observations:

 

4.1. The Committee initially planned to recommence public hearings in collaboration with the National Council of Provinces’ Select Committee on Economic and Business Development.

 

4.2. However, this proposed approach was overtaken by the 27 February 2018 resolution of the National Assembly to establish the Joint Parliamentary Constitutional Review Committee (CRC) to consider whether an amendment to the Constitution would be required in order to allow for expropriation without compensation.

 

4.3. The Committee was, and is, of the view that conducting parallel public hearings on the basis of the existing Expropriation Bill, which does not envisage expropriation without compensation, would have created confusion, duplication and would have amounted to fruitless and wasteful expenditure.

 

4.4. The remitted Expropriation Bill was referred to the National House of Traditional Leaders (NHTL) in terms of Section 18 of the Traditional Leadership and Governance Framework Act (No. 41 of 2003), after which the Committee received the submission from the NHTL.

 

 

5. Observations

 

5.1. The Committee observed that the work of the Constitutional Review Committee (CRC) is now approaching conclusion. Its recommendations and possible further Parliamentary consequences, including legislative consequences, of such recommendations should become clearer before the end of 2018.

 

5.2. Having considered all factors, it was realised that this would leave no time at all for the Committee to assess whether the current Bill remains relevant. In any case, there is insufficient time to adequately process the Bill through public hearings during the 5th Parliament.

 

6. Resolution

 

In accordance with Joint Rule 208(2), read with Joint Rule 203(3)(c) and in line with Joint Rules 205, 206 and 207, the Committee reports a recommendation that the Assembly rejects the Expropriation Bill [B 4D-2015] so that it may be re-introduced at a later stage.

 

The Democratic Alliance (DA) reserved its right to support or reject the report.

 

 

Report to be considered.

 

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